A.
There shall be a Department of Administration, the head of which
shall be the Borough Administrator. He shall have the qualifications
and shall be appointed in the manner prescribed by the Charter. The
compensation range for the Borough Administrator shall be as set forth
by ordinance. The specific compensation of the Borough Administrator
for any given year shall be as set forth by resolution of the Council.
B.
The Borough Administrator shall appoint subordinate officers and
employees, except directors of departments, and may, with the approval
of the Mayor, remove such officers and employees, subject to the provisions
of Title 11A of the New Jersey Statutes.
A.
The Department of Administration shall consist of the Divisions of
Budget, Purchasing, Personnel and Public Properties and such other
divisions as the Mayor shall establish from time to time and designate
on the organization chart of the Borough. The Borough Administrator
shall act as liaison between the Mayor and all departments, agencies,
offices and boards of the Borough. When authorized by the Mayor, he
shall act as his representative before any board, agency or department
within the Borough or before any other political subdivision.
B.
The Borough Administrator, under the direction and supervision of
the Mayor, shall:
(1)
Assist the Mayor in the preparation of the Borough budget.
(2)
Develop and enforce sound purchasing and personnel practices and
procedures for all departments, offices and agencies of the Borough.
(3)
Supervise the management, planning and operations of all departments,
provided that such supervision shall not extend to the exercise of
the control function in the management of the finances of the municipality
which is required by an officer of the municipality other than the
Borough Administrator.
(4)
Prescribe rules and regulations for the efficient management of the
municipal government not inconsistent with the Charter and Code.
(5)
Coordinate the operations and administration of the various departments,
divisions, offices and agencies of the municipal government.
(6)
Have the power to assign and reassign, transfer and re-transfer,
from time to time, either temporarily or permanently, any property
or personnel from one function to another or from one administration
unit to another or from one department to another as the management
of the Borough government may require, subject to the express requirements
of the Charter and all other applicable general laws and ordinances
of the Borough.
(7)
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 Mayor and Council.
(8)
Continually review and supervise the Borough's insurance program
and maintain in his file all insurance policies upon or with respect
to risks insured for the benefit of the Borough or to protect it against
claim. He shall also administer the hospital insurance program for
employees.
(9)
Be responsible for the efficient management of his Department and
have the general powers and duties of a department head as provided
by Charter or by ordinance and perform such other duties as the Council
may prescribe.
C.
The Borough Administrator may serve as department head of any department
established by this chapter in the absence of appointment of department
heads. Compensation for serving as another department head shall be
established by ordinance.
There shall be a Division of the Budget within the Department
of Administration, the head of which shall be the Borough Administrator.
A.
Powers and duties. The Borough Administrator shall:[1]
(1)
Organize and administer the work of the Division.
(2)
Prepare and prescribe uniform forms of budget requests for the use
of all departments and all other spending agencies, together with
appropriate instructions for such use.
(3)
Review and analyze all budget requests for appropriations.
(4)
Study the organization and operation of any and all departments and
all other spending agencies for the purposes of budget analysis.
(5)
Prescribe and require each department and other spending agencies
for which Borough appropriations are made to maintain records and
produce reports of their respective work loads and performance, expressed
in appropriate work units which may be prescribed or approved for
each of the departments and other spending agencies by the Borough
Administrator.
(6)
Compile the budget document, with the assistance of the Auditor and
Finance Director, in accordance with the policies established by the
Mayor, for presentation by the Mayor to the Council in accordance
with the Charter.
B.
Budget operation. The Borough Administrator shall supervise the administration
of each annual budget. Immediately after the budget has been enacted
and after consultation with the heads of the departments, he shall
establish quarterly or such other periodic allotments of appropriation
to each department as he and the Mayor shall approve. At the beginning
of each allotment period, the amount specified shall become available
to each department for obligation during that period. Such allotments
for any department may be modified, upon request of the head of the
department, by the Borough Administrator by the direction of the Mayor.
The Borough Administrator shall file with the Department of Finance
a copy of each allotment and modification thereof. An encumbrance
system of accounts to control all expenditures shall be established
within the limits of budget appropriations, and such allotments shall
be maintained by the Department of Finance.
C.
Expenditure control. If, at any time during the budget year, the
Borough Administrator shall ascertain that the available revenue,
plus balances for the year, will be less than the total appropriation,
he shall reconsider the work programs and allotments of the several
offices, departments and agencies. Upon such reconsideration and with
the approval of the Mayor, he shall revise the allotments so as to
forestall, so far as possible, the making of commitments and expenditures
in excess of the revenue to be realized during the fiscal year.
A.
Generally, there shall be a Division of Purchasing within the Department
of Administration. The head of the Division shall be the Borough Administrator,
who will be referred to as the Purchasing Agent and who shall:
(1)
Purchase and approve all supplies, materials and equipment and contracts
for all services required by any department, office or agency of the
Borough.
(2)
Establish and enforce specifications with advice from using department
heads with respect to such services, supplies, materials and equipment.
(3)
Inspect or supervise the inspection of all deliveries of supplies,
materials and equipment and also the rendition of contractual services
in order to determine their qualities, quantities and conformance
to specifications. The Purchasing Agent may authorize department heads
to inspect and supervise deliveries of supplies and materials.
(4)
Have complete charge of any central storerooms and warehouse which
may hereafter be established.
(5)
Transfer to or between departments, offices and agencies and from
or to central storerooms such supplies, materials and equipment as
needs appear and also arrange for the sale of supplies or obsolete
items therein.
B.
Purchasing controls.
(1)
The Purchasing Agent is the only Borough official who can commit
for the purchase of materials or services. A purchase order must be
issued for all purchases. Purchase orders under the bid threshold
may be awarded by the Purchasing Agent without Council approval.
(2)
All purchases require a written requisition, which is forwarded by
the department head to the Purchasing Agent for his action. The requesting
department's budget will be charged. The certification of the head
of the Department of Finance or his designee is required in order
to determine that a sufficient amount of unencumbered balance of appropriation
is available for payment.
(3)
No invoices will be honored for payment unless they are for materials
or services ordered on a purchase order.
There shall be a Division of Personnel within the Department
of Administration. The head of the Division shall be the Borough Administrator.
He shall:
A.
Recruit and interview qualified persons for any office or position
in the Borough government. In cooperation with respective department
heads, he shall select the most qualified individuals for employment
with the Borough.
B.
Prepare and recommend to the Mayor such rules as he may find necessary,
appropriate or desirable to improve personnel administration within
the government.
C.
Prepare, install and maintain a job classification plan based upon
the duties, authority and responsibility of officers, employees and
positions in the government.
D.
Prepare and maintain a pay plan based upon such job classifications.
E.
Establish and maintain a roster of all persons in the government,
which shall set forth the significant facts relating to personnel
administration.
F.
Establish and develop in-service training programs for persons in
the Borough employ.
G.
Maintain a continuous study of the operation and effect of personnel
methods and practices in the Borough, including hours and days of
work, leaves of absence, sick leave, vacations and pensions and retirement
provisions, and report his findings and recommendations to the Mayor.
H.
In accordance with N.J.A.C. 4A:1-1.3, the Mayor and Council shall
act as the appointing authority for and shall have the authority to
appoint and remove the Chief of Police, and the Mayor shall act as
the appointing authority for and shall have the authority to appoint
and remove members of the Police Department. The Borough Administrator
shall act as the appointing authority for and shall have the authority
to appoint and remove all other civil service employees of the Borough
of Lincoln Park.
Pursuant to N.J.S.A. 43:15C-2 and except as otherwise excepted pursuant to N.J.S.A. 43:15C-1 et seq. and the guidelines established by the Local Finance Board pursuant to N.J.S.A. 43:15C-2a(3) (see, for example, Local Finance Notice 2008-10, April 28, 2008, attached to this chapter as Exhibit A),[2] the following positions are deemed eligible for and shall
participate in the Defined Contribution Retirement Program:
Individuals serving in the following positions are exempt from
Defined Contribution Retirement Program membership, pursuant to N.J.S.A.
43:15C-2:
There shall be a Division of Public Properties within the Department
of Administration. The head of the Division shall be the Borough Administrator.
His duties and functions shall be as follows:
A.
There shall be an Office of the Municipal Public Defender (Public
Defender) within the Department of Administration. The Public Defender
shall be appointed by the Council for a term of one year to serve
until his successor is appointed and qualifies.
B.
The Public Defender shall represent all defendants in Municipal Court
who are determined to be indigent and entitled to the assignment of
counsel by the Municipal Court Judge in cases involving violations
of Borough ordinances and state statutes within the jurisdiction of
the Lincoln Park Municipal Court.
C.
A defendant in the Municipal Court applying for representation shall be required to pay an application fee as provided in Chapter 34, Fees, § 34-21. In the discretion of the Municipal Judge, the fee may be payable over a period of four months or may be waived, if the Court determines that the fee will pose an undue financial burden upon the defendant.[1]
D.
Compensation. The compensation for the Public Defender shall be as
set forth in the Mayor's Salary Memorandum.
E.
All fees collected in accordance with this section shall be placed
into a dedicated fund, under the supervision and control of the Municipal
Court, and shall be utilized to compensate the Public Defender and
to defray all costs incurred for necessary services and facilities
of representation by the Public Defender.
