Borough of Morris Plains, NJ: Term; appointment; absence; removal; compensation.

Term. The term of office of the Administrator shall be at the pleasure of the governing body.

Appointment. The Administrator shall be appointed by the Mayor with the advice and consent of the Council. Vacancies shall be filled in the same manner as the original appointment.

Absence; disability. During the absence or disability of the Administrator, the Mayor and Council may, by resolution appoint an officer or regular employee of the Borough to perform the duties of the Administrator during such absence or disability. Such absence or disability shall be limited to three (3) consecutive months. Upon expiration of the said three (3) months' absence, the governing body will review the circumstances surrounding the absence. At that time, if the governing body finds that the Borough Administrator is not capable of resuming his or her duties, then the Borough Administrator shall be removed pursuant to Paragraph (d).

(d)

Removal.

(1)

The Council shall, by a two-thirds vote of its members, adopt a preliminary resolution stating the reasons for removal. Within five (5) calendar days of passage of the preliminary resolution, the Administrator shall reply in writing and may request a hearing before the governing body, which shall be held not earlier than five (5) calendar days nor later than fifteen (15) calendar days after filing of such request. After the five-calendar-day waiting period following passage of the preliminary resolution and the hearing, if requested, and after full consideration, the Council, by a two-thirds vote of its members, may adopt a final resolution of removal.

(2)

The resolution of removal shall become effective three (3) months after its adoption. The Council may provide that the final resolution shall have immediate effect, provided that the Council shall cause to be paid to the Administrator forthwith any unpaid balance of the Administrator's salary for the next three (3) calendar months following adoption of the final resolution.

(e)

Compensation. The Borough Administrator shall receive as salary such sums as may be fixed and adopted by the Salary Ordinance of the Borough of Morris Plains.

2-29 Qualifications.

[Ord. No. 12-84, § 1]

The Borough Administrator shall be chosen solely on the basis of executive and administrative abilities and qualifications.

The Administrator must have permanent residence in the Borough of Morris Plains within one (1) year of the date of appointment or such additional time as may be granted by resolution by the governing body and, during the term in office, remain a resident of said Borough, for default of which said office may be deemed vacated.

No elected member of the governing body may receive such appointment as Administrator during the member's normal term of office or within three (3) years after the normal expiration of the member's normal term of office, except for the possibility of interim appointment to fill an absence or vacancy, not to exceed ninety (90) days.

2-30 Chief administrative officer.

[Ord. No. 12-84, § 1]

The Administrator shall be the chief administrative officer of the Borough of Morris Plains and shall be responsible to the governing body as a whole for the proper and efficient administration of the business affairs of the Borough. The Administrator's duties and responsibilities shall relate to the management of all Borough business, except those duties and responsibilities conferred upon the Borough officials by state statute, ordinance, other applicable laws, rules and regulations promulgated by state and county agencies or such as the governing body may reserve to itself through this chapter.

2-31 Powers and duties.

[Ord. No. 12-84, § 1]

The Borough Administrator shall act as the chief administrative officer of the Borough. The Administrator's duties shall include the development of rules and regulations for administrative procedures governing purchasing practices, operations of all departments, personnel management and general coordination of departments, offices, boards and agencies of the Borough, all for the purpose of increasing the efficiency of the Borough government and promoting its economic and responsive operation.

2-32 Supervision of departments; direction of business activities.

The Administrator shall perform the duties hereinafter enumerated and such other duties as may be assigned by the governing body. The Administrator's entire time and effort shall be devoted to the performance of the duties and functions of the position of Administrator, and the Administrator shall not engage in any other occupation or employment while employed by the Borough; provided, however, that this article shall not prevent the Borough Administrator from concurrently holding the positions of Borough Financial Administrator, Borough Treasurer and Custodian of the Funds for Morris Plains School District, so long as the governing body approves the same. The Administrator shall:

(1)

Represent the Borough and assert its proper interests in relation to the state and other political subdivisions and with respect to Borough contracts and franchises.

(2)

Attend all regular monthly meetings of the governing body and work and agenda sessions for these meetings, with the right to speak but not vote on all agenda items; shall attend other meetings as directed by the governing body and shall receive notice of all special meetings of the governing body and all advisory committees, boards, commissions and other agencies of the Borough; shall keep the governing body informed as to the conduct of Borough affairs; shall submit other reports, either in writing or orally, as the governing body shall request; and shall make recommendations to the governing body necessary and advisable for the welfare of the Borough. The Administrator shall submit to the governing body, as soon as possible after the close of the fiscal year, a complete written report on the administrative activities of the Borough for the preceding year.

(3)

See that provisions of all franchises, leases, permits and privileges granted by the Borough are complied with and shall provide periodic reports on said compliance upon request.

(4)

Study the governmental and administrative operations and needs of the Borough and shall prepare and recommend to the governing body necessary and desirable plans and programs to meet present and foreseeable needs.

(5)

Develop, prescribe and enforce rules and regulations for the efficient management of the Borough government, for the avoidance of any duplication or overlapping of effort among the departments or among the units within a department and for the improvement of methods and procedures of administration.

(6)

Respond to public inquiries that address the operation of the Borough government.

(7)

Be responsible for the administration of the budget after its adoption by the governing body and the implementation of the work programs contained in the budget.

(8)

Oversee the execution and enforcement of the laws of the State of New Jersey and ordinances and resolutions of the governing body.

(9)

Receive copies of all general and official correspondence addressed to the Borough of Morris Plains and shall see that they are referred to the appropriate officer or department for disposition and reply.

(10)

Integrate and coordinate the functions of all departments, boards, agencies, offices and officials and maintain liaison with the Borough school system and the Morris School District. The Administrator shall be responsible for continually improving communications among the various Borough personnel, departments, agencies, boards and the governing body.

(11)

Recommend the employment of experts and consultants to perform work and render advice in connection with Borough projects.

(12)

At the request of the governing body, inspect the duties and responsibilities of any elected or appointed official and department of the Borough, submitting a report relating thereto to the governing body for such further action as the governing body may deem advisable in such instance. This subsection shall not apply to members of the governing body.

(13)

Attend to the letting of contracts, in due form of law, and supervise their performance and faithful execution, except insofar as such duties are expressly imposed upon some other Borough officer or official by statute.

(14)

See that all money owed by the Borough is promptly paid and that proper proceedings are taken for the security and collection of all Borough claims.

(15)

Perform such other duties as may be required by the governing body consistent with law.

[Ord. No. 12-84, § 1]

The Administrator shall supervise all personnel of the Borough through the respective department heads and direct the business activities of all Borough departments, including the direction of central purchasing and recommending to the Mayor and Council the employment and replacement of personnel as may be required in said departments within the limits prescribed by the budget and as hereinafter provided. The Administrator shall:

Have all complaints regarding services or personnel of the Borough referred to the office of the Administrator. The Administrator or an officer designated by the Administrator shall investigate and dispose of such complaints, and the Administrator shall keep a written record of such complaints and when and what action was taken in response thereto and shall provide the governing body with a copy thereof when requested so to do.

Study, recommend, implement and enforce the financial procedures and policies of the Borough and its departments after consultation with department heads and approval of the governing body.

Establish and maintain sound working personnel and administrative rules, regulations and practices and appropriate records and reports, subject to such policies as may be established from time to time by employee contracts.

(d)

Require the various departments of the Borough to furnish annually an adequate inventory of all equipment, materials and supplies in stock and shall recommend the sale of any surplus or obsolete equipment, materials and supplies.

(e)

Ensure that there is an up-to-date and coordinated filing system for all Borough departments, offices, boards and agencies.

(f)

Negotiate contracts for the Borough upon request of the governing body and subject to the approval of the governing body.

(g)

See that all terms and conditions imposed in favor of the Borough or its inhabitants in any statute or contract are faithfully kept and performed and, upon knowledge of any violation, call the same to the attention of the governing body.

(h)

Make any recommendations which may increase the efficiency of the operation of the Borough.

(i)

Continually review and supervise the Borough's insurance program.

(j)

Be responsible for the overall supervision and maintenance of real property owned by the Borough, except as modified through delegation by the governing body or ordinance to autonomous boards or commissions.

(k)

Assign office space, furniture and facilities among and within departments.

2-33 Purchasing.

[Ord. No. 12-84, § 1]

The Administrator shall be the purchasing officer of the Borough and shall purchase, or supervise the purchase of, in accordance with the provisions of the governing statutes and sound purchasing practices, all materials, supplies and equipment of the various agencies, boards, departments and other offices of the Borough. The Administrator shall keep or cause to be kept an account of all purchases and shall, from time to time or when directed by the governing body, make a full report thereof. The Administrator shall:

(1)

Establish rules, regulations, standards and specifications to control all purchases by the Borough and shall recommend to the governing body such standards as to quality, size and variety of articles, equipment and supplies used by the offices and departments of the Borough, to make possible uniform purchasing practices.

(2)

Ensure that all purchases are at the most favorable price to the Borough.

(3)

See to it that the materials, equipment, services or supplies delivered are correct in number or amount and comply with the standards and specifications prescribed by the governing body as agreed to at the time of purchase.

The Administrator shall review all bills and vouchers for payment prior to final approval by the governing body and shall establish procedures associated with the voucher process.

The Administrator shall have no interest, directly or indirectly, in any contract job for work or materials, or the profits thereof, to be furnished to or performed for the Borough.

2-33.1 Personnel.

[Ord. No. 12-84, § 1]

The Administrator shall serve as the personnel officer of the Borough and, as such, shall recommend to the Mayor and Council the hiring and promoting of employees of the Borough subsequent to satisfactory completion of a probationary period and shall recommend advancement of such employees to the next step and, when he deems it necessary or advisable for the betterment of the Borough, shall recommend to the Mayor and Council the suspension or discharge of employees, provided that persons shall be promoted, hired, suspended or discharged only in accordance with the applicable statutes of this state. The Administrator shall also design and implement a program for employee evaluations, promotions and advancements for approval by the Mayor and Council.

2-33.2 Budget.

[Ord. No. 12-84, § 1]

In preparation for the annual Borough budget to be proposed to the Council for adoption, the Administrator or an officer designated by the Administrator shall obtain from the head of each department, committee, board, commission, agency or officer estimates of revenues and expenditures and other supporting data as requested. Said data is to be supplied by November 1, with copies distributed to the governing body prior to the public budget hearings.

The Administrator shall prepare and compile budget studies, analyses and schedules; shall assist in the conduct of public, departmental, board, committee and commission budget hearings during the months of November and December in each year; and otherwise shall assist the Mayor and Council in such manner as they shall require in the preparation of the annual Borough budget. The Administrator shall help draft an explanatory budget message, including a comparison of prior years' appropriations and expenditures and an analysis of the proposed expenditures. Upon adoption of the budget, current accounts of the expenditures made shall be kept on a monthly basis based upon the supplemental detail of the adopted budget. The Administrator shall maintain a continuing review and analysis of budget operation, work progress and costs of municipal services.