The Borough Administrator shall be appointed by the
Mayor with the advice and consent of the Borough Council. Said appointment
shall be made within 90 days after this section becomes effective.
If the Mayor fails to make such appointment within said 90 days, or
if the Borough Council fails to consent to any appointment made by
the Mayor within 30 days, then after the expiration of 30 days, the
Borough Council shall appoint said Borough Administrator. Any vacancy
in said position, which may occur, whether the same occurs by death,
resignation, or otherwise, shall be filled in the same manner, except
that the ninety-day period within which the Mayor may appoint and
the thirty-day period within which the Borough Council may consent,
shall be computed from the day the vacancy occurs. A vacancy shall
be deemed to commence upon cessation of duties by the duly appointed
Borough Administrator. Said appointment shall be on the basis of the
administrative qualifications of the appointee, with special regard
as to education, training and actual experience in governmental affairs.
No elected member of the governing body shall be eligible
for appointment as Borough Administrator during his term of office
nor within one year after the expiration of said term.
The Borough Administrator shall serve at the pleasure
of the Mayor and Borough Council, provided that he may be removed
at any time by a two-thirds vote, on motion of any Council member.
The adoption of a resolution of removal shall be governed as follows:
In the event the Administrator's employment is terminated
within the first six months after appointment, the resolution of removal
shall take effect immediately, and the Mayor and Borough Council shall
cause to be paid to the Administrator forthwith any unpaid balance
of his salary.
In the event the Administrator's employment is terminated
after the first six months and prior to 24 months after appointment,
then the resolution of removal shall become effective 60 days after
its adoption unless it is given immediate effect. In that case, the
Mayor and Borough Council shall cause to be paid to the Administrator
forthwith any unpaid balance of his salary and his salary for the
next 60 calendar days following adoption of the resolution.
If the Administrator's employment is terminated after
24 or more months after appointment, the resolution of removal shall
become effective 90 days after its adoption unless it is given immediate
effect. In that case, the Mayor and Borough Council shall cause to
be paid to the Administrator forthwith any unpaid balance of his salary
and his salary for the next ninety days following adoption of the
resolution.
The Administrator may designate an acting Administrator
to perform the duties of the office during his absence or disability
of less than 30 days. Should he not do so, the Mayor and Borough Council
shall make the appointment.
On removal or resignation of the Administrator, the Mayor and Borough Council shall appoint an acting Administrator to serve for 90 days or until an Administrator is appointed pursuant to Subsection A above, whichever is sooner.
The Administrator shall be paid a salary fixed and
adopted by the Mayor and Borough Council in the annual salary resolution
within the guidelines set forth in the salary ordinance. He shall
receive no additional compensation for other positions whose titles
he may hold, except that if he is appointed as the Borough Clerk,
he may be paid separate compensation for that position. The Administrator
shall be reimbursed for all necessary expenses incurred in the performance
of his office.
Unless otherwise provided, no acting Administrator
shall be paid more than his regular salary while serving in that capacity,
but he shall be reimbursed for all necessary expenses incurred in
the performance of his office. If the Mayor and Borough Council by
resolution increases the compensation of the acting Administrator
during his tenure, such increased compensation shall not exceed the
salary set forth in the salary ordinance for the position of Administrator.
The Administrator shall be appointed on the basis
of his executive and administrative qualifications. Previous responsible,
successful management experience in local government shall be required
and possession of a degree in public administration or municipal management
shall be preferred.
The Administrator need not be a resident of the Borough
or the state at the time of his appointment, and may also thereafter
reside outside the Borough.
The Administrator shall be the chief administrative
officer of the Borough, responsible to the Mayor for all day-to-day
operations, and to the Borough Council for policy guidance in the
administration of all Borough affairs. Any governing authority for
final decisions regarding policy, hiring or firing of employees, entering
or terminating contract(s), planning, operation management and/or
those powers and duties not specifically set forth herein shall remain
with the Mayor and Borough Council. The Administrator shall:
Direct and supervise the administration of all departments,
offices and agencies of the Borough, including serving as the "office
manager," except as otherwise provided by law.
Recommend to the Mayor and Borough Council the appointment
and, when necessary for the good of the Borough, suspension or removal
of department heads, except the Borough Clerk, Borough Engineer, Borough
Auditor, Borough Attorney and personnel appointed by them.
Recommend to the Mayor and Borough Council prior to
any appointment of, and when necessary for the good of the Borough,
suspension or removal of all other Borough employees.
See that all laws, and all acts of the Mayor and Borough
Council subject to enforcement by him or by officers and employees
subject to his direction and supervision are faithfully executed.
To receive from each department, office and board
their annual budget requests and to review and transmit same along
with his comments and recommendations of the Mayor and Borough Council.
Submit to the Mayor and Borough Council a verbal report
on administrative activities of the Borough at the end of each month,
and submit such written reports as may be requested by the Mayor and
Borough Council. A brief one- to two-page written activity report
shall be submitted by the Administrator to the Mayor and Council on
either a weekly or biweekly basis.
Keep the Mayor and Borough Council fully advised
as to the current and future needs of the Borough and make such recommendations
concerning the affairs of the Borough as he deems advisable.
Perform such other duties as may be required
by the Mayor and Borough Council and perform those duties set forth
in the job description established for the Borough Administrator position,
which may be modified from time to time by resolution of the Mayor
and Borough Council.
Represent the Borough and its relation to the
federal, state and county governments and to other municipalities,
and to evaluate the Borough's interest in contracts, franchises and
other business transactions as designated by the Mayor and Borough
Council.
Serve as the chief negotiator in negotiating
all contracts for the Borough as authorized by and subject to the
approval of the Mayor and Borough Council.
To receive and reply to inquiries and complaints,
especially from citizens or taxpayers, concerning Borough business
and provide information and assistance to resolve them.
Be responsible for researching, initiating action
for, applying for and supervising the implementation of funding grants
from various sources for the improvement and development of Borough
capital projects and needs as well as for services to the Borough
and its residents.
Keep the Borough staff fully informed of all
policies and decisions of the Mayor and Borough Council, as well as
other Borough activities, by holding regular department head and/or
staff meetings on a weekly basis, and as needed.
Shall
serve as the Borough’s Purchasing Official, responsible for
ensuring proper purchasing procedures as established by the Mayor
and Borough Council and the State of New Jersey.
Except for the purpose of inquiry, Borough Council
members shall deal with the administrative staff only through the
Administrator, and shall not give orders or direction to any Borough
employees except through him.
The Administrator shall work with each Council subcommittee
as requested by providing research and information as necessary when
they are considering long-term planning, adoption of related ordinances,
etc. The Administrator shall be invited to attend and participate
in all Council subcommittee meetings. The Administrator shall have
the right to take part in any discussion, but not to vote.
The Administrator shall be considered a salaried
employee of the Borough. The position may be part-time or full-time
based upon the needs of the Borough, as determined by the Mayor and
Council through the Administrator’s hiring resolution, as may
be amended.
[Added 5-4-2004 by Ord. No. 2004-8; amended 7-18-2017 by Ord. No. 2017-04]
The Borough Administrator shall devote full time to
the interests of the Borough. The Mayor and Borough Council reserves
the right at any time to set specific hours for the Administrator
by resolution.
The Borough Administrator shall not engage in any
political activity, nor shall make any financial or other contributions
to any local political campaign, lobby effort or issue pending before
the governing body, provided, however, that nothing contained herein
shall be deemed to prohibit the Borough Administrator from appearing
before any other governmental body on behalf of the Borough of Chester
when authorized or directed to do so.