The executive power of the municipality shall be exercised by
the Mayor, in accordance with and subject to the provisions of N.J.S.A.
40:69A-40.
The Mayor shall:
A.
Enforce
the charter and ordinances of the municipality and all general laws
applicable thereto;
B.
Report
annually to the Council and to the public on the state of the municipality
and the work of the previous year. He shall also recommend to the
Council whatever action or programs he deems necessary for the improvement
of the municipality and the welfare of its residents. He may from
time to time recommend any action or programs he deems necessary or
desirable for the municipality to undertake;
C.
Supervise,
direct and control all departments of the municipal government and
shall require each department to make an annual and such other reports
on its work as he may deem desirable;
D.
Require
such reports and examine such accounts, records and operations of
any board, commission or other agency of municipal government, as
he deems necessary;
E.
Prepare
and submit to the Council for its consideration and adoption an annual
operating budget and a capital budget, establish the schedules and
procedures to be followed by all municipal departments, offices and
agencies in connection therewith, and supervise and administer all
phases of the budgetary process; in connection therewith, the Mayor
shall require all department heads to submit requests for appropriations
for the ensuing budget year and appear before the Mayor or Administrator
at public hearings which shall be held during the month of November.
On or before the 10th day of February, the Mayor shall submit to the
Council a recommended budget together with such explanatory comment
or statement as may be deemed advisable;
F.
Supervise
the care and custody of all municipal property, institutions and agencies,
and make recommendations concerning the nature and location of municipal
improvements and execute improvements determined by the governing
body;
G.
Sign
all contracts, bonds or other instruments requiring the consent of
the municipality;
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 the 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 is not an official voting member.
In addition to those powers and duties set forth above and by
statute, the Mayor shall have the following additional powers:
A.
Ordinances
adopted by the Council shall be submitted to the Mayor, and he shall,
within 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 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 2/3 of the members resolve
to override the Mayor's veto [N.J.S.A. 40:69A-41(a)].
B.
The
Mayor may attend meetings of the Council and may take part in discussions
but shall not vote except in the case of a tie on a question of filling
a vacancy in the Council, in which case he or she may cast the deciding
vote.
C.
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 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
an duties of the Mayor or the then Acting Mayor (N.J.S.A. 40:69A-42).
D.
The
Mayor shall appoint each department head with the advice and consent
of the Council. Each department head shall serve during the term of
office of the Mayor appointing him or her and until the appointment
and qualification of any successor.
E.
The
Mayor may in his discretion remove any department head and, subject
to any general provisions of law concerning term of office or tenure,
any other municipal executive officer who is not a subordinate departmental
officer or employee, after notice and an opportunity to be heard.
Prior to removal, 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. In the
event of the removal or failure of reappointment of a Business Administrator,
that Administrator may, upon the enactment of an ordinance, be entitled
to a thee-months' written notice of the removal or nonreappointment,
or if the Mayor determines that the removal shall be immediate, then
the Administrator may, upon the enactment of an ordinance, be paid
any unpaid balance of his salary plus his salary for a maximum of
the next three calendar months following the effective date of the
Mayor's action unless the removal is for good cause. For the purpose
of this subsection, "good cause" shall mean conviction of a crime
or offense involving moral turpitude, the violation of the provisions
of Section 17-014, 17-15, 17-16, 17-17, or 17-18 of P.L. 1950, c.
210 (N.J.S.A. 40:69A-163 through 40:69A-167), or the violation of
any code of ethics in effect within the municipality [N.J.S.A. 40:69A-43(c)].
F.
Where
no other provision is made, the Mayor shall have the power to appoint
with the advice and consent of the Council.
G.
The
Mayor shall have the power to assign and reassign, transfer or retransfer,
from time to time, either temporarily or permanently, any property
or personnel from one function to another, or from on administrative
unit to another as the management of Municipal government may require,
subject to the express requirements of this chapter and all applicable
general laws and ordinances of the Borough.
H.
The
Mayor may appoint an executive assistant, a secretary and other personnel
as deemed necessary, each of whom shall receive such compensation
as shall be authorized by ordinance.
I.
The
Mayor may delegate to the head of any department functions, powers
or duties conferred upon the Mayor by ordinance which are not required
by this chapter or general law to be performed or discharged personally
by the Mayor.
J.
The Mayor
shall have the authority to remove from any appointed body, board
or commission any member appointed thereto, based upon absenteeism
from scheduled meetings of the body, board or commission. For purposes
of this section, "absenteeism" shall mean absence from three or more
consecutive meetings of the body, board or commission or absence from
40% or more of the meetings of the body, board or commission. The
authority granted the Mayor hereunder shall be exercised in his or
her discretion. Where state statute or ordinance provides for a different
standard for attendance or removal mechanism, that statute or ordinance
shall prevail.
[Added 11-15-2010 by Ord.
No. 2034-10]
The compensation of the Mayor shall be fixed by the Annual Salary
Ordinance.
