[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Editor's Note: This ordinance also superseded former Ch. 40, Ethics, Code of, adopted 7-24-1991 by Ord.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.
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.
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.
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 2-14-2024 by Ord. No. 4794-24]
A. 
Division of Roads. There is hereby created the Division of Roads, the head of which shall be the Division Manager of Roads. This position shall be appointed by the Mayor. The Division Manager shall report directly to the Township Business Administrator.
(1) 
The Division of Roads shall be responsible for:
(a) 
Constructing, repairing, and maintaining all Township streets and roads, including pothole repair, and the cleaning and repair of catch basins.
(b) 
Removing snow from Township streets and roads.
(c) 
Maintaining all signs, traffic markers, and streetlights which are owned or under the control of the Township.
(d) 
Maintaining all drainage facilities located upon Township property.
(2) 
The following bureaus full under the supervision and oversight of the Division of Roads:
(a) 
Bureau of Equipment/Maintenance. The Bureau of Equipment and Maintenance shall be responsible for:
[1] 
Maintaining automotive and radio equipment owned or controlled by the Township.
[2] 
Operating the centralized garage and motor pool.
[3] 
Undertaking performance analysis of Township equipment.
B. 
Division of Sanitation. There is hereby created the Division of Sanitation, the head of which shall be the Division Manager of Sanitation. This position shall be appointed by the Mayor. The Division Manager shall report directly to the Township Business Administrator.
(1) 
The Division of Sanitation shall be responsible for the collection and disposal of solid waste, including the operation and use of the Township Landfill.
(2) 
The following bureaus fall under the supervision and oversight of the Division of Sanitation:
(a) 
Bureau of Recycling. The Bureau of Recycling shall be responsible for:
[1] 
Administering the recycling program of the Township of Toms River under Chapter 442 of the Township Code.
[2] 
Administering leaf collection throughout the Township.
[3] 
Organizing and maintaining the Toms River Township Convenience Center and leaf yard.
C. 
Other positions within the Divisions of Roads and Sanitation.
(1) 
Foreman. There is hereby created the position of Foreman. There shall be a Foreman for each the Division of Roads and the Division of Sanitation, whom shall be under the supervision of the respective Division Managers. Foremen shall organize and develop suitable work programs for the varied functions of each Division; supervise collection of solid waste and recycling; give suitable assignments and instructions to individuals and groups and supervise their work; as applicable to the Bureau assigned, supervise the cleaning and repair of streets and sewers, the paving of streets, the maintenance of piers and the maintenance and care of the garbage dumps; make investigations of complaints dealing with their respective Divisions and take proper action to see that needed repairs are made with a minimum of delay; prepare suitable reports; obtain, store, safeguard and supervise the proper use of needed equipment, materials and supplies; and keep needed records and files and perform such other related tasks as are required by the Director and Township Council.
(2) 
Assistant Foreman. The position of Assistant Foreman is hereby created. There shall be two Assistant Foremen assigned to the Division of Roads, and one Assistant Foreman assigned to the Division of Sanitation. The Assistant Foremen shall assist in the performance of the duties of, and other tasks assigned by, their respective Foremen.
(3) 
Recycling Foreman. There is hereby created within the Division of Sanitation the position of Recycling Foreman. The Recycling Foreman shall perform all duties of Recycling Foreman and be responsible for and have authority for enforcement of Chapter 232, Burning, Outdoor, and Chapter 442, Solid Waste, of the Code of the Township of Toms River.
(4) 
Laborer. There is hereby created the position of Laborer. Under the direction of the appropriate Division Foreman, the Laborer shall primarily perform varied types of manual and unskilled laboring work; may drive a truck in connection with laboring work on occasion; and do related work as required.
(5) 
Mechanic. There is hereby created the position of Mechanic. Under the direction of the appropriate Division Foreman, the Mechanic shall perform varied mechanical work involved in the repair, maintenance and servicing of motor vehicles and/or construction equipment working with various machines and hand tools common to the trade. The Mechanic shall do related work as required.
(6) 
Driver. There is hereby created the position of Driver. Under the direction of the appropriate Bureau Foreman, the Driver shall possess a valid commercial driver's license and shall drive a truck to transport materials, equipment or people, which includes, but is not limited to, Robo-garbage trucks and recycling trucks.
(7) 
Operator. There is hereby created the position of Operator. Under the direction of the appropriate Bureau Foreman, Operator shall perform such duties as required by the Division Managers.
(8) 
Clerical staff. There is hereby created the positions of Senior Secretary, Secretary, and Clerk-Bookkeeper for the Division of Roads and Sanitation, who shall perform such bookkeeping, payroll and clerical duties as required by the Division Managers.
[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.