[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.]
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.
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.
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.
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.
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.
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.
[Amended 3-10-2020 by Ord. No. 4661-20]
A.
There is hereby established the position of Personnel
Manager.
B.
The Personnel Manager is hereby assigned the following
duties and responsibilities:
(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.
[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 Assistant
Business Administrator.
[Amended 3-10-2020 by Ord. No. 4661-20]
(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 Assistant Business Administrator.
[Amended 3-10-2020 by Ord. No. 4661-20]
(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.
C.
Administrative Assistant.
[Added 3-10-2020 by Ord.
No. 4661-20]
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.
[Amended 6-22-2021 by Ord. No. 4699-21]
(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 pre-bidder specifications, regulations and
standard questionnaires for bidders.
[Amended 6-22-2021 by Ord. No. 4699-21]
(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.
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.
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.
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.
[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.
[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.
