[Adopted 10-27-2015 by Ord. No. 1883[1]]
[1]
Editor’s Note: This ordinance also repealed former Art. X, Borough Administrator, adopted 4-6-1977 by Ord. No. 751, as amended.
The office of Borough Administrator is hereby created in and for the Borough of Middlesex by and subject to the provisions of this article and in accordance with N.J.S.A. 40A:9-136, 40A:9-137 and 40A:9-138, inclusive.
The Borough Administrator shall be appointed by the Mayor with the advice and consent of the Borough Council. Said appointment shall be made within 120 days after the office becomes vacant unless this time is extended by resolution of the Borough Council. If the Mayor fails to make such appointment within said 120 days or the agreed-upon time frame, or the Borough Council fails to consent to the appointment made by the Mayor within 30 days, the Borough Council shall appoint said Borough Administrator. Any vacancy which may occur in said position, whether the same occurs by death, resignation, or otherwise, shall be filled in the same manner. A vacancy shall be deemed to commence upon cessation of duties of the duly appointed Borough Administrator.
A. 
The appointment of a Borough Administrator shall be solely based on the administrative qualification of the appointee, with special regard to his/her education, training and actual experience in governmental affairs. A bachelor's or master's degree in government or a related field, and at least three years of direct experience in government, are the minimum requirements. Completion of a certified public administration program is desirable and is considered a plus to the above qualifications.
B. 
The person appointed to the Office of Borough Administrator need not be a resident of the Borough at the time of his/her appointment and may reside outside the municipality.
The Borough Administrator shall serve at the pleasure of the Mayor and Borough Council. During such term, the Administrator shall be subject to periodic review and evaluation of performance.
The Borough Administrator may be removed by a 2/3 vote of the governing body (Mayor and Council). The resolution of removal shall become effective three months after its adoption by the governing body. However, the governing body may provide that the resolution have immediate effect, in which case, the Administrator shall be paid forthwith any unpaid balance of his salary and his salary for the next three calendar months following adoption of the resolution.
During any approved absence or disability of the Borough Administrator, the Mayor may appoint, subject to confirmation by the Borough Council, another individual or any employee or officer of the Borough to temporarily perform the duties and responsibilities of the Borough Administrator. After three months of such absence or disability, the position may be deemed vacant after recommendation by the Mayor and confirmed by the resolution of the Borough Council. Compensation, if any, for duties performed for an appointment under this section will be determined by the recommendation of the Mayor and approved by the Borough Council. Section 68-41 of this article shall not apply to any appointment made pursuant to this section.
The Borough Administrator shall receive such compensation as shall be prescribed by annual salary resolution or ordinance of the Borough Council. The Borough Administrator shall be reimbursed for all reasonable expenses incurred in the performance of the office. The salary of an incumbent Administrator may not be reduced without the Administrator being advised of the reasons for the reduction and being afforded an opportunity to meet with the elected officials to respond to their concerns.
The Administrator shall perform the duties hereafter 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 duties and functions of the position of Administrator, and the Administrator shall not engage in any other occupation or employment while employed by Middlesex Borough, except as approved by the governing body.
The Borough Administrator shall not engage in any political activity, nor shall he/she make any financial or other contributions to any local campaign, nor lobby the elected officials on behalf of a political party or campaign. However, nothing contained herein shall be deemed to prohibit the Borough Administrator from providing recommendations to the elected officials of Middlesex Borough on issues of concern to the municipality or from appearing before any other governmental body on behalf of the Borough when authorized or directed to do so.
A. 
The Borough Administrator shall act as the chief administrative officer of the Borough. 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 all departments, offices, boards, and agencies of the Borough, all for the purpose of increasing the effectiveness and efficiency of the Borough government and promoting its economic operation. All rules and regulations promulgated and implemented by the Borough Administrator shall be filed with the governing body and shall become the Borough's organization policy unless specifically amended or rescinded by the governing body.
B. 
The Borough Administrator shall perform the duties hereafter enumerated and such other duties as may be assigned by the governing body.
C. 
The Borough Administrator shall report annually to the governing body on the progress of each department and shall initiate goals and objectives to be reviewed on an annual basis with special emphasis on critical problems and deterrents to the achievement thereof.
D. 
The Borough Administrator shall be responsible for the organization and management of the work, personnel and programs in all departments, and for the development and operation of a personnel program for all employees, and he/she shall be accountable for the planning, organization, delegation, staffing, operation control, evaluation and correction in all departments to achieve maximum results.
E. 
The Borough Administrator is given broad authority with the approval of the governing body to combine or eliminate functions, to redesign and reorganize work effort and to assign personnel to achieve maximum productivity.
F. 
The Borough Administrator shall make assessments of Borough programs and operations, reporting to the governing body on his/her findings and setting forth a remediation action plan, if necessary, or required changes in Borough ordinances and procedures.
The Borough Administrator shall:
A. 
Supervise all personnel of the Borough through the respective department heads unless otherwise provided by law or this article.
B. 
Advise the governing body on all matters of personnel administration and organization and assign personnel for the performance of all duties in all departments.
C. 
Study, recommend, implement and enforce personnel organization and policies of the Borough and implement personnel leave policies as established by the governing body for all departments, except as otherwise provided by law for police and fire departments.
D. 
Maintain comprehensive personnel files and evaluation systems of job performance and duties.
E. 
Administer and negotiate on behalf of the Borough all labor contracts.
F. 
Serve as the personnel officer of the Borough and, with the concurrence of the Mayor, have the authority to hire, evaluate, transfer, promote, discipline and/or discharge all employees to the extent not prohibited by law or provided for elsewhere in the ordinances of the Borough. In those instances where the final authority rests with the governing body, the Borough Administrator shall assist that agency by recommending personnel actions which are consistent with those applied to other Borough employees.
G. 
Investigate the affairs of any employee, officer, department, agency or authority of the Borough when necessary or directed by the Mayor or Council and submit a report relating thereto.
The Borough Administrator shall:
A. 
Prepare the temporary budget for presentation in accordance with the state statutes.
B. 
Prepare the annual capital and operating budget to be presented to the governing body. In preparing these budgets, the Administrator or an officer designated by the Administrator shall obtain from the department heads, committee, board, commission, agency, officers or authority estimates of anticipated expenditures and supporting data as requested.
C. 
Prepare and complete budget studies, analyses, and schedules; assist in the conduct of public, departmental, board, committee and commission budget hearings; and, in conjunction with the Chief Financial Officer, shall assist the governing body in such manner as they shall require in the review and adoption of the annual budget.
D. 
Prepare and submit to the governing body an explanatory budget message, including a comparison of prior year's revenues, appropriations and expenditures, as well as an analysis of the proposed revenues and expenditures.
The Borough Administrator shall:
A. 
Upon the adoption of the budget, ensure that current accounts of the expenditures shall be kept on a monthly basis based upon the supplemental details of the adopted budget.
B. 
Administer the budget after its adoption by the governing body; maintain a continuing review and analysis of the budget operation, work progress and costs of municipal services; and assess the attainment of the Borough budget and service goals, reporting the same regularly to the governing body.
C. 
See that all money owed the Borough is promptly paid, and that proper proceedings are taken for the security and collection of all Borough claims.
D. 
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.
E. 
Supervise the disbursement of all Borough funds and review all purchases, vouchers and bills before submitting same to the governing body for final approval.
F. 
Be responsible for the cash needs of the Borough and for the conduct of a sound investment and debt management program subject to the governing board policy and report such actions and results to the governing body semiannually or more frequently when directed.
The Borough Administrator shall be responsible for the negotiation of collective bargaining contracts with agencies representing Borough employees, subject to the approval of the governing body, and administration and enforcement of such contracts and the personnel policies and procedures of the Borough.
The Borough Administrator shall:
A. 
See that the provisions of all franchises, leases, permits and privileges granted by the Borough are complied with and provide periodic reports of said compliance upon request.
B. 
Negotiate contracts for the Borough upon request of the governing body and subject to the approval of the governing body.
C. 
Attend to 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.
D. 
See that all terms and conditions imposed in favor of the Borough or its inhabitants in any statute, public utility, franchise or other contract are faithfully kept and performed, and, upon knowledge of any violation, call the same to the attention of the governing body.
E. 
Advise the governing body if professional or other outside resources should be utilized.
The Borough Administrator shall be responsible for researching, initiating action for, applying for and supervising the implementation of funding grants from various sources for the improvement and development of the Borough capital projects and needs, as well as for services to the Borough and its residents.
The Borough Administrator shall:
A. 
Study the governmental and administrative operations and needs of the Borough, and prepare and recommend to the governing body necessary and desirable plans and programs to meet present and foreseeable needs.
B. 
Develop, prescribe and enforce rules and regulations for the efficient management of the Borough for the avoidance of any duplication or overlapping effort among the departments or among the units within a department, and for the improvement of methods and procedures of administration.
C. 
Integrate and coordinate the functions of all departments, boards, agencies, offices and officials, and also maintain liaison with the Board of Education. The Administrator shall be responsible for continually improving communications among the various Borough personnel, department, agencies, boards, and the governing body.
D. 
Recommend the employment of experts and consultants to perform work and render advice in connection with the Borough projects or services.
E. 
Make recommendations which may increase the efficiency of the operation of the Borough.
F. 
Continually review and supervise the Borough's insurance program.
G. 
Be responsible for the overall supervision and maintenance of real property owned by the Borough, except as modified thorough delegation by the governing body or ordinance to autonomous boards or commissions.
H. 
Assign office space, furniture, telephone, computer and similar facilities, and other Borough resources among and within departments.
The Borough Administrator shall:
A. 
Study, recommend, implement and enforce procedures and policies of the Borough and its departments for receipt, dissemination and collection of responses to communications and requests for information, after consultation with department heads, and receive, distribute and follow up on requests for information and complaints from citizens and keep the governing body informed of such matters.
B. 
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 provide the governing body a copy thereof when requested to do so.
The Borough Administrator shall make recommendations concerning the nature and location of public improvements and coordinate and expedite the execution of public improvements authorized by the governing body.
The Borough Administrator shall:
A. 
Ensure that there is an up-to-date and coordinated filing system and records retention system for all Borough departments, offices, boards and agencies.
B. 
Represent the Borough and assert its proper interest in relation to federal, state, county and other political subdivisions, and with respect to Borough contracts, franchises and interests.
C. 
Monitor and evaluate state and federal legislation as to its impact on the Borough with recommendations for actions by the governing body. The Administrator must be prepared to testify on behalf of the Borough on issues affecting the community on behalf of the governing body.
D. 
Study the public utilities rates and policies and evaluate same and recommend to the governing body an appropriate course of action.
E. 
Attend all regular and work session meetings of the governing body, with the right to speak but not vote on agenda items, and attend other meetings as directed by the governing body. The Administrator shall receive notice of and may attend and participate in all regular and special meetings of the governing body and all advisory committees, boards, commissions, and other agencies of the Borough.
F. 
Keep the governing body informed as to the conduct of the Borough affairs; submit periodic reports, either in writing or orally, on the condition of the Borough finances; submit other reports, either in writing or orally, as deemed advisable or as the governing body shall request; and make recommendations to the governing body necessary and advisable for the welfare and safety of the Borough.
G. 
Submit to the governing body, as soon as possible after the close of the fiscal year, a complete written report of the administrative activities of the Borough for the preceding year.
H. 
Implement all policies formulated by the governing body unless specifically directed otherwise by a formal action of the governing body.
I. 
Advise the governing body on all background matters as an aid to the creation of policy and recommend to the governing body adoption of such measures as may be deemed necessary or expedient.
J. 
Follow up acts of the governing body by correspondence, review of minutes and personnel conferences.
The Borough Administrator shall:
A. 
Review, validate and recommend all bills and vouchers for payment prior to final approval by the governing body, and shall establish procedures associated with the voucher process.
B. 
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.
C. 
Require all department, boards, commissions, committees and programs to furnish annually a complete inventory of all fixed assets and recommend the sale of any obsolete or surplus equipment, materials and supplies, and transfer to or between departments and offices and from central sources such supplies, material and equipment as need appears and arrange for the sale of surplus or obsolete items.
Nothing in this article shall derogate from or authorize the Borough Administrator to exercise the powers of the elected officials.
If any section, subsection, sentence, clause, phase or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.