The executive power of the municipality shall be exercised by
the Mayor.
(Source: L. 1950, c. 210, § 3-9, p. 474.)
The Mayor shall enforce the Charter and ordinances of the municipality
and all general laws applicable thereto. He shall annually report
to the Council and the public on the work of the previous year and
on the condition and requirements of the municipal government and
shall from time to time make such recommendations for action by the
Council as he may deem in the public interest. He shall supervise
all of the departments of the municipal government and shall require
each department to make an annual and such other reports of its work
as he may deem desirable.
(Source: L. 1950, c. 210, § 3-10, p. 474.)
A.
Ordinances adopted by the Council shall be submitted to the Mayor,
and he shall, within ten (10) days after receiving any ordinance,
either approve the ordinance by affixing his signature thereto or
return it to the Council by delivering it to the Municipal Clerk,
together with a statement setting forth his objections thereto or
to any item or part thereof. 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 ten (10) days after
it has been presented to him or unless the Council, upon reconsideration
thereof on or after the third day following its return by the Mayor,
shall, by a vote of two-thirds (2/3) of the members, resolve to override
the Mayor's veto.
B.
The Mayor may attend meetings of the Council and may take part in
discussions of the Council 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 may cast the deciding vote.
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(Source: L. 1950, c. 210, § 3-11, p. 474.)
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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 office. During
such time, the person so designated by the Mayor shall possess all
the rights, powers and duties of Mayor. Whenever the Mayor shall have
been unable to attend to the duties of his office for a period of
sixty (60) consecutive days for any of the above-stated reasons, an
Acting Mayor shall be appointed by the Council, who shall succeed
to all the rights, powers and duties of the Mayor or the then Acting
Mayor.
(Source: L. 1950, c. 210, § 3-12, p. 475.)
A.
The municipality shall have a Department of Administration and such
other departments, not exceeding nine (9) in number, as the Council
may establish by ordinance. All of the administrative functions, powers
and duties of the municipality, other than those vested in the office
of the Municipal Clerk, shall be allocated and assigned among and
within such departments.
B.
Each department shall be headed by a director, who shall be appointed
by the Mayor with the advice and consent of the Council. Each department
head shall serve during the term of office of the Mayor appointing
him and until the appointment and qualification of his successor.
C.
The Mayor may, in his discretion, remove any department head after
notice and an opportunity to be heard. Prior to removing a department
head, the Mayor shall first file written notice of his intention with
the Council, and such removal shall become effective on the 20th day
after the filing of such notice, unless the Council shall, prior thereto,
have adopted a resolution by a two-thirds vote of the whole number
of the Council disapproving the removal.
D.
Department heads shall appoint subordinate officers and employees
within their respective departments and may, with approval of the
Mayor, remove such officers and employees, subject to the provisions
of Title 11, Civil Service, of the Revised Statutes, where that title
is effective in the municipality, or other general law; provided,
however, that the Council may provide by ordinance for the appointment
and removal of specific boards or commissions by the Mayor.
E.
Notwithstanding the foregoing provisions of this section, in any
city of the First Class having a population of more than two hundred
fifty thousand (250,000), there shall be, and in any municipality
having a population of fifteen thousand (15,000) or more, there may
be a Board of Alcoholic Beverage Control, which shall exercise the
powers conferred upon Municipal Boards of Alcoholic Beverage Control
under Title 33, Intoxicating Liquors, of the Revised Statutes. Such
Board shall be comprised of three (3) members, no more than two (2)
of whom shall be of the same political party, who shall be appointed
by the Mayor with the advice and consent of the Council, each to serve
for a term of three (3) years, provided that of those first appointed,
one (1) shall be appointed to serve for a term of one (1) year, one
(1) for two (2) years and one (1) for three (3) years. Any vacancy
in such office shall be filled in the same manner as the original
appointment for the balance of the unexpired term. Except in cities
of the First Class having a population of more than two hundred fifty
thousand (250,000), the members of such Board shall serve without
compensation but may be reimbursed for necessary expenses incurred
in the performance of their duty. In cities of the First Class having
a population of more than two hundred fifty thousand (250,000), the
members of such Board shall receive such compensation as shall be
established by ordinance of the municipality. They shall be removable
by the Mayor for cause. Any person appointed hereunder shall not be
subject to the provisions of Title 11, Civil Service, of the Revised
Statutes, and no such person shall be a member of the City Council.
Nothing in this subsection shall be construed to limit the general
power of the Municipal Council under this Act to establish, alter
and abolish offices, boards and commissions in any municipality, other
than a city of the First Class having a population of more than two
hundred fifty thousand (250,000). [1]
F.
Whenever in any city of the First Class having a population of more
than two hundred fifty thousand (250,000) the governing body is authorized
by any provision of general law to appoint the members of any board,
authority or commission, such power of appointment shall be deemed
to vest in the Mayor with the advice and consent of the Council.
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(Source: L. 1950, c. 210, § 3-13; amended L. 1954,
c. 68, § 1; L. 1960, c. 61, § 1; L. 1961, c. 126,
§ 1.)
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A.
The Department of Administration shall be headed by a director, who
shall be known and designated as the "Business Administrator." He
shall be chosen solely on the basis of his executive and administrative
qualifications, with special reference to his actual experience in
or his knowledge of accepted practice in respect to the duties of
his office as hereinafter set forth. At the time of his appointment,
he need not be a resident of the municipality or state, but during
his tenure of office he may reside outside the municipality only with
the approval of the Council. He shall have, exercise and discharge
the functions, powers and duties of the Department. The Department,
under the direction and supervision of the Mayor, shall:
B.
In cities of the First Class having a population of more than two
hundred fifty thousand (250,000), the Business Administrator also
shall, subject to the direction of the Mayor, supervise the administration
of each of the departments established by ordinance. For this purpose,
he shall have power to investigate the organization and operation
of any and all departments, to prescribe standards and rules of administrative
practice and procedure and to consult with the heads of the departments
under his jurisdiction, provided that, with respect to any Department
of Law or Department of Audit, Accounts or Control, the authority
of the Business Administrator under this subsection shall extend only
to matters of budgeting, personnel and purchasing.
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(Source: L. 1950, c. 210, § 3-14; amended L. 1954,
c. 68, § 2.)
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