[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.]
The executive power of the Township shall be
exercised by the Mayor, subject to the procedures set forth in the
Charter.
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.
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.
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.
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.
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.
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.
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.
The Mayor shall receive a salary within the
range provided in the current Salary Ordinance.