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[1]; amended in its entirety 12-13-2006 by Ord. No. 4058-06. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Adoption of Administrative Code — See Ch. 1, Art. III.
[1]
Editor's Note: This ordinance also superseded former Ch. 40, Ethics, Code of, adopted 7-24-1991 by Ord. No. 2846-91. See now § 71-1E, Local Ethics Board.

§ 40-1 Department established.

There shall be a Department of Administration, the head of which shall be the Business Administrator. The Business Administrator shall be appointed by the Mayor with the advice and consent of Council. The Business Administrator shall be chosen solely on the basis of his or her executive and administrative qualifications, with special reference to his or her actual experience in, or his or her knowledge of, accepted practice in respect to the duties of his or her office. The Business Administrator shall either have a bachelor's degree from a recognized, accredited college or university and specialized training in public administration or at least five years of responsible experience in an executive or administrative position related to the duties of the position. During his or her tenure of office, he or she may reside outside the Township of Toms River if so approved by the Township Council.

§ 40-2 Duties and responsibilities of Business Administrator.

The Business Administrator, under the direction and supervision of the Mayor, shall:
A. 
Assist in the preparation of the budget.
B. 
Administer a centralized purchasing system.
C. 
Be responsible for the development and administration of a sound personnel system.
D. 
Perform the duties set forth in § 40-4, below.
E. 
Provide for the operation of centralized data processing services for all departments and offices of the Township, including the maintenance of all Township computer hardware, software and services, including recommending any upgrades of the Township's computer system either by direct operation by the Township or by contract with third parties as authorized by Council.
F. 
Perform such other duties as the Township Council may prescribe.

§ 40-3 Term; compensation.

The term of the Business Administrator shall be for the term of the Mayor appointing him or her and until the appointment and qualification of his or her successor. His or her annual compensation shall be fixed by Council in accordance with the current Salary Ordinance.

§ 40-4 Administration of Township departments.

Pursuant to N.J.S.A. 40:69A-44, the Business Administrator shall, subject to the direction of the Mayor, supervise the administration of all Township departments. The Business Administrator shall have the power 1) to investigate the organization and operation of all Township Departments; 2) to prescribe standards and rules of administrative practice and procedure; and 3) to consult with the heads of all Township Departments; provided, however, that with respect to the Department of Law and Community Development and the Department of Finance, the authorization of the Business Administrator under this section shall extend only to matters of budgeting, personnel and purchasing.

§ 40-5 Assistant Township Business Administrator.

A. 
Position created. There is hereby established the position of Assistant Township Administrator, who shall be appointed by the Township Business Administrator and who shall serve a term coterminus with that of the Business Administrator at an annual compensation to be fixed by the Township Council by ordinance.
B. 
Duties and responsibilities of Assistant Business Administrator.
(1) 
To assist the Township Business Administrator in the discharge of all duties assigned to the Business Administrator.
(2) 
To serve as Acting Business Administrator during the absence and/or disability of the Business Administrator.[1]
[1]
Editor's Note: Former Subsection B(3), which provided that the Assistant Business Administrator shall serve as Division Manager of the Division of Human Resources, was repealed 5-13-2008 by Ord. No. 4136-08.

§ 40-6 Division of Human Resources established; duties and responsibilities of Division Manager.

A. 
There is hereby created a Division of Human Resources, the head of which shall be the Division Manager of Human Resources.
B. 
Duties and responsibilities. The Division Manager of the Division of Human Resources shall be responsible for:
(1) 
Developing and administering the Township's human resources program, including up-to-date job classifications and pay plans, active recruitment of needed personnel and in-service training programs.
(2) 
Designing, installing and maintaining personnel records for each Township officer and employee, including a job description and qualifications required, the education, training and experience of the employee, any professional or trade licenses held, all personnel actions taken with respect to the employee, compensation, pension status, the Merit System Board and any other such information deemed pertinent at the discretion of the Division Manager.
(3) 
Developing, installing and administering an orderly procedure for the consideration, review and adjustment of employee grievances, subject to any requirements in collective bargaining agreements.
(4) 
Coordinating the processes of appointment and removal of municipal employees within the various departments with other department heads and the Mayor, and to this end, reviewing and recommending proposed procedures.
(5) 
Maintaining a continuing review and analysis of budget operations, work programs and costs of municipal services.
(6) 
As directed by the Mayor or Business Administrator, assigning and transferring employees temporarily, from one department to another as efficient administration may require, provided that such assignment or transfer shall not affect classification within the state, Department of Personnel, status or compensation of any employee.
(7) 
Developing, prescribing and enforcing rules and regulations for the efficient management of the Township government, so as to avoid any duplication or overlapping of effort among the departments or among units within a department, and for the improvement of methods and procedures of administration.
(8) 
Assigning office space, furniture and facilities among and within departments.
(9) 
Conducting entrance and exit interviews of employees.
(10) 
Attending meetings and conferences at the request of Council.
(11) 
Monitoring labor relations and negotiations and regularly advising the Township Attorney of any labor issues.
(12) 
Monitoring and administering employee fringe benefit programs, as applicable.

§ 40-6.1 Other positions.

[Added 12-22-2009 by Ord. No. 4235-09]
A. 
Benefits Manager.
(1) 
There is hereby created the position of Benefits Manager. The Benefits Manager shall be under the direction and supervision of the Division Manager of Human Resources.
(2) 
Duties and responsibilities. The Benefits Manager of the Division of Human Resources shall be responsible for:
(a) 
Responding to telephone inquiries, resolve service issues that may involve claims, enrollments, terminations and billing problems between active and retired Township employees.
(b) 
Maintaining personnel records for all Township officers and employees pertaining to medical benefits (major medical, prescription, dental, vision, etc.).
(c) 
Administering the Township's benefits program to comport with requirements of collective bargaining agreements.
(d) 
Maintaining a continuing analysis of the cost and projected costs of the entire Township benefits program.
(e) 
Acting as a liaison with health care providers, including attending meetings, conferences, and training relating to employee benefits programs.
(f) 
Responding to all inquiries relative to the Township benefits plan coverage.
(g) 
Maintaining a valid state health insurance license is optional, but preferred.
(3) 
The salary range for this position is $17 per hour to $25 per hour.
B. 
Manager of Information Technology.
(1) 
There is hereby created the position of Manager of Information Technology. The Manager of Information Technology shall be under the direction and supervision of the Division Manager of Human Resources.
(2) 
Duties and responsibilities. The Manager of Information Technology shall be responsible to or for:
(a) 
Lead IT Department operational and strategic planning, including fostering innovation, planning projects, and organizing and negotiating the allocation of resources.
(b) 
Manage the deployment, monitoring, maintenance, development, upgrade, and support of all IT systems, including servers, PCs, operating systems, hardware, software, peripherals and phone system.
(c) 
Benchmark, analyze, report on, and make recommendations for the improvement and growth of the IT infrastructure and IT systems.
(d) 
Provision of end-user services, including help desk and technical support.
(e) 
Work with department heads to define Township business and systems requirements for new technology implementations.
(f) 
Direct research on potential solutions in support of procurement efforts.
(g) 
Keep current with the latest technologies.
(h) 
Develop business case justifications and cost/benefit analyses for IT spending and initiatives.
(i) 
Approve and oversee IT projects and project portfolio.
(j) 
Develop and implement all IT policies and procedures, including those for architecture, security, disaster recovery, standards, purchasing, and service provision.
(k) 
Practice asset management for IT hardware, software, and equipment.
(l) 
Establish and maintain regular written and in-person communications with the Business Administrator, department heads, and end users regarding pertinent IT activities.
(m) 
Development and maintenance of audio and visual systems to live stream, record and archive Township meetings on Township website.
(3) 
The salary range for this position is $45,000 to $85,000 annually.

§ 40-7 Division of Purchasing established; duties and responsibilities of Purchasing Agent.

A. 
There is hereby established the Division of Purchasing, the head of which shall be the Purchasing Agent. The Purchasing Agent shall meet the qualifications necessary for Qualified Purchasing Agent pursuant to N.J.S.A. 40A:11-9. The Business Administrator shall administer the centralized purchasing system as established with the Division of Purchasing.
B. 
The Purchasing Agent shall:
(1) 
Prepare and enforce specifications for the purchase of materials and supplies. For purchases which require public bidding, or solicitation of quotations for amounts more than 50% of the current statutory bid threshold, specifications must be approved by resolution prior to the issuance, publication or release of said specifications and prior to the request for receipt of bids.
(2) 
Advertise for bids and seek quotations on prices for the purchase of materials and supplies.
(3) 
Receive bids and quotations and make appropriate recommendations to the Township Council.
(4) 
Prepare contractual and related documentation for the approval of the Township Council and supervise the execution of the same.
(5) 
Administer the performance of all municipal contracts.
(6) 
Inspect or supervise the inspection of all materials and supplies and the rendition of contractual services and determine their quality, quantity and conformity with specifications.
(7) 
Manage any central storeroom or storerooms or warehouse or warehouses that exist or may be established by the Township.
(8) 
Purchase, store and distribute all materials and supplies and contract for all services required by any Township department, office or agency.
(9) 
Arrange and supervise the sale of Township personalty or personalty in the possession of the Township, pursuant to law.
(10) 
Supervise and administer all joint purchasing agreements between the Township and other contracting units of the State of New Jersey.
(11) 
Prepare prebidder specifications, regulations and standard questionnaires for bidders, subject to the approval of the Township Council.
(12) 
Notify Township Council as to the "other factors" utilized to recommend the award of a contract to other than the lowest bid, proposal or quotation for any purchase over $10,000 up to the bid threshold.
C. 
Nothing contained herein shall require the Division of Purchasing or the Purchasing Agent to prepare specifications and contractual documentation or supervise the execution and performance of contracts for public works or improvements under the jurisdiction of the Township Engineer.
D. 
There is hereby created the position of Deputy Purchasing Agent. The Deputy Purchasing Agent shall assist the Purchasing Agent in fulfilling the functions enumerated herein.
E. 
The Purchasing Agent is authorized to prepare bid specifications and solicit bids for the purchase of materials and supplies and the retention of services for contracts in excess of the amounts specified in Subsection B(1) above, when an emergency affecting the public health, safety or welfare requires the immediate delivery of goods or the performance of services, in the following manner:
[Added 5-25-2010 by Ord. No. 4267-10]
(1) 
The Township Business Administrator or his/her designee, upon the occurrence of an emergency, and with the approval of the Mayor if practicable, shall notify the President of the Township Council or his/her designee of the need for materials, supplies or services, the nature of the emergency, the time of its occurrence and the need for invoking this section. If the President of the Township Council is satisfied that an emergency exists, the President of the Council shall direct the Township Business Administrator to authorize the preparation of bid specifications and solicitation of bids for such purposes as may be necessary to respond to the emergent needs. Such notification shall subsequently be reduced to writing by the Township Business Administrator and filed with the Mayor, Council, Chief Financial Officer and Purchasing Agent as soon as practicable.
(2) 
Should the President of the Township Council not be available to authorize the preparation of bid specifications and solicitation of bids, the Township Business Administrator shall then seek authorization from one of the members of the Township Council in the following specific order: Chairman of the Township Council's Finance Committee; Chairman of the Township Council's Administration Committee; the next available Council member.
(3) 
Should the emergency constitute an imminent loss of life or limb, the Township Business Administrator or his/her designee shall have the authority to authorize the preparation of bid specifications and solicitation of bids. Should the Township Business Administrator not be available, the Township Chief Financial Officer shall act in his/her stead. Following authorization, the award shall be reduced to writing and filed with the Mayor, Council, Chief Financial Officer and Purchasing Agent as soon as practicable.

§ 40-8 Purchase controls.

All purchases made and contracts awarded through the Division of Purchasing for any supplies or materials or contractual services shall be pursuant to a requisition from the Director of the Township department, office or agency whose appropriation will be charged. No purchase shall be made nor obligation incurred unless the Chief Financial Officer certifies that a sufficient unencumbered balance or appropriation is available to pay therefor. Purchase order requisitions shall be established and prepared by the Division of Purchasing in accordance with purchasing procedures and policies manual as adopted by resolution, no later than 90 days after the effective date of the adoption of this Code.

§ 40-9 Conformance with statute.

A. 
All purchases made by the Purchasing Agent shall conform to the requirements of N.J.S.A. 40A:11-1 et seq., and all specifications shall be drafted in a manner to encourage free, open and competitive bidding.
B. 
Whenever practicable, materials and contractual services shall be procured through the Division of Purchase and Central Services under state contract procedures.

§ 40-10 Public bidding procedure.

A. 
The Purchasing Agent is authorized to advertise for and receive bids in connection with all purchases, contracts or agreements, in accordance with the provisions of the Local Public Contracts Law.[1] The Township Council shall be the contracting agent and shall award such contracts and purchases as may be recommended by the Purchasing Agent.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
B. 
The Purchasing Agent shall determine the method of presenting bids, except that such method shall be confined to either personal presentation at bid opening or by registered mail. In either case, the method shall be stated in the public advertisement, and if by registered mail, proper safeguards shall be provided to ensure the security of bids. Bids received after the time stated in the advertisement shall be considered as nonresponsive and shall be returned unopened to the sender.
C. 
All bids will be opened by the Purchasing Agent in public in accordance with the bid specifications and applicable law. A record shall be kept of the bid openings, and the same shall be available to the public.
D. 
Following review and evaluation of the bids, the Purchasing Agent shall recommend the lowest qualified bidder to the Township Council, which shall award the contract or take such other action as it deems proper.

§ 40-11 Division of Law.

[Added 2-22-2011 by Ord. No. 4302-11[1]]
There is hereby created within the Department of Administration the Division of Law, the head of which shall be the Township Attorney.
A. 
Positions created. The Township Attorney shall represent the municipality in all legal matters and shall counsel the Mayor and Township Council. The Township Attorney shall be assisted in his duties by one or more Assistant Township Attorney(s). The Township Attorney and the Assistant Township Attorney(s) shall be full-time employees; shall receive compensation in accordance with the current salary ordinance; and shall be deemed exempt employees pursuant to the Fair Labor Standards Act[2] and regulations promulgated therewith.
(1) 
Township Attorney.
(a) 
Qualifications and appointment. The Township Attorney shall be an attorney-at-law duly admitted to practice law in the State of New Jersey for at least five years prior to his appointment. The Township Attorney shall be appointed by the Mayor with the advice and consent of the Township Council. The Township Attorney cannot assume office on a permanent or acting basis until advice and consent is granted by the Township Council.
(b) 
Powers and duties. The Township Attorney shall be a legal advisor to the Mayor, Township Council and all departments, except as otherwise provided by the Charter or the Township Code. He or she shall prosecute and defend actions and proceedings by and against the Township and every department thereof. In furtherance of these general powers and without limitation thereto, he or she shall:
[1] 
Advise the Township Council and its members, the Mayor and other officers of the Township as to all matters which may be submitted for his or her opinion.
[2] 
Review and approve all contracts, deeds, documents and instruments prior to the execution thereof by or on behalf of the Township.
[3] 
Institute litigation and conduct appeals from orders, decisions or judgments affecting any interest of the Township as he or she may in his or her discretion determine to be necessary or desirable, subject to the approval of the Township Council.
[4] 
Subject to the approval of the Township Council, have the power to enter into any agreement, compromise or settlement of any litigation in which the Township is involved.
[5] 
Render written opinions upon any question of law submitted to him or her by the Mayor, Township Council, Business Administrator, Municipal Clerk, Tax Assessor or the head of any department in a prompt manner.
[6] 
Maintain a record of all actions, suits, proceedings and matters which relate to the Township's interest, and report thereon from time to time as the Mayor or Township Council may require.
[7] 
Notify the Council President within 48 hours of receipt by the Township Attorney of any tort claim notice or related document and any letter or document threatening litigation.
[8] 
Attend Township Council meetings when requested by the Township Council.
[9] 
Have such other powers and duties as provided by the Charter, Township Code or other ordinance.
(2) 
Assistant Township Attorney(s). There is hereby created the position(s) of Assistant Township Attorney(s), who shall assist the Township Attorney in his or her duties pursuant to the provisions of this chapter as legal advisor to the Mayor, Township Council and all departments, except as otherwise provided by the Charter or the Township Code. The Assistant Township Attorney(s) shall be an attorney-at-law duly admitted to practice law in the State of New Jersey. The Assistant Township Attorney(s) shall be appointed by the Mayor with the advice and consent of the Township Council. The Assistant Township Attorney(s) cannot assume office on a permanent or acting basis until advice and consent is granted by the Township Council. The Assistant Township Attorney shall also serve as counsel to the Township's Rent Leveling Board.
(3) 
Clerical support staff.
[2]
Editor's Note: See 29 U.S.C. § 201 et seq.
B. 
Special counsel. Whenever, in the opinion of the Township Attorney, special counsel should be appointed to handle specific litigations or matters, the Township Attorney shall provide his or her recommendations, in writing, to the Mayor and Township Council. Special counsel may only be appointed by resolution of the governing body. Such appointments shall be on a contractual basis and be subject to approval by the Township Council. All appointments shall be made in accordance with the requirements of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.).
C. 
Conflict between Mayor and Township Council. In the event of a conflict between the Mayor and Township Council arising and relating to the separation of powers established under the Optional Municipal Charter Law (N.J.S.A. 40:69A-1 et seq.), the Township Council may, by resolution, retain independent counsel.
[1]
Editor's Note: This ordinance also repealed former § 40-11, Division of Law, added 5-13-2008 by Ord. No. 4136-08.

§ 40-12 Change orders to contracts.

[Added 7-8-2008 by Ord. No. 4145-08]
A. 
General requirements pertaining to change orders.
(1) 
Each change order request must be submitted in writing, numbered consecutively and appended to the original purchase order of the contract.
(2) 
Any item of work or any quantity of material contemplated by the change order cannot be performed or purchased until the change order is approved by resolution of the Township Council.
(3) 
A change order may be requested to change the number of units or items originally specified in the original contract only where unit and/or item prices, or a price methodology, were included in the original specification and the specification and contract included a provision that such unit and/or item prices or price methodology could be utilized to calculate the amount of the change order.
(4) 
A change order cannot be used to substantially change the quality or character of the item or work to be provided.
(5) 
A change order cannot be utilized to effectuate an escalator clause in the per-unit cost of an item.
(6) 
All change orders must be processed in a timely fashion during the course of the contract as the need arises and should not be withheld until the completion of the contract.
(7) 
No change order can be approved without a certificate from the Chief Financial Officer that funds are available.
(8) 
Change orders which reduce the original contract price may be approved by the Mayor or his designee without Township Council approval. However, the Mayor, or his designee, shall advise the Township Council of the reduction of the contract price as soon as practicable.
(9) 
All change orders must be in accordance with a schedule of rates and/or charges included in the original contract. Any changes in said rates and/or charges must be included in an amended contract to be approved by resolution of the Township Council.
(10) 
The cumulative amount of any change order or orders can not exceed 20% of the amount of the original contract, unless the procedures in N.J.A.C. 5:30-11.9 are complied with.
B. 
Procedure to approve change orders.
(1) 
Any Township official requesting authorization for a change order to an existing contract with a third-party vendor shall prepare a written request setting forth the reason(s) necessitating the change and the total cost of the same with a breakdown of the change in the number of units or items authorized by the original contract.
(2) 
Said document shall then be submitted to the Township Business Administrator for review and first preliminary approval of the Mayor or his designee.
(3) 
Upon preliminary approval, the Mayor or his designee shall submit the requested change order to the Chief Financial Officer of the Township. The Chief Financial Officer shall certify in writing the availability or lack thereof of adequate funds for the requested change order. Said certification shall specifically designate the line item appropriation(s) of the official budget to which the change order will be charged.
(4) 
Upon certification by the Chief Financial Officer, the Mayor or his designee shall direct the Township Attorney to prepare a resolution for presentment to the Township Council for final approval and authorization of the change order. Said resolution shall contain a provision from the Township Attorney that the change order has been preliminarily approved by the Mayor or his designee and that the proposed change order is in accordance with New Jersey regulations regarding the same. Said resolution shall also contain the certificate of the Chief Financial Officer relating to the availability of funds.
(5) 
No work on the requested change order shall be authorized until final approval by the Township Council.

§ 40-13 Emergency contracts.

[Added 12-8-2009 by Ord. No. 4229-09]
In accordance with N.J.S.A. 40A:11-6, any contract may be negotiated or awarded on behalf of the municipality without public advertising for bids and bidding therefor, notwithstanding that the contract price will exceed the bid threshold, when an emergency affecting the public health, safety or welfare requires the immediate delivery of goods or the performance of services in the following manner:
A. 
The Township Business Administrator or his/her designee, upon the occurrence of an emergency, and with the approval of the Mayor if practicable, shall notify the President of the Township Council or his/her designee of the need for the performance of a contract, the nature of the emergency, the time of its occurrence and the need for invoking this section. If the President of the Township Council is satisfied that an emergency exists, the President of the Council shall direct the Township Business Administrator to authorize the award of a contract or contracts for such purposes as may be necessary to respond to the emergent needs. Such notification shall subsequently be reduced to writing by the Township Business Administrator and filed with the Mayor, Council, Chief Financial Officer and Purchasing Agent as soon as practicable.
B. 
Should the President of the Township Council not be available to authorize an emergency contract award, the Township Business Administrator shall then seek authorization from one of the members of the Township Council in the following specific order: Chairman of the Township Council's Finance Committee; Chairman of the Township Council's Administration Committee; the next available Council member.
C. 
Should the emergency constitute an imminent loss of life or limb, the Township Business Administrator or his/her designee shall be authorized to award a contract. Should the Township Business Administrator not be available, the Township Chief Financial Officer shall act in his/her stead. Following authorization, the award shall be reduced to writing and filed with the Mayor, Council, Chief Financial Officer and Purchasing Agent as soon as practicable.