Borough of Hawthorne, NJ
Passaic County
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Table of Contents
Table of Contents
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.