[1979 Code § 2-6.1; Ord. No. 56-50; amended 12-17-2019 by Ord. No. 63-58]
The president of Council shall appoint the members of the standing
committees at the annual reorganizational meeting and may establish
such ad hoc committees as he or she deems necessary and appoint the
members thereof.
[1979 Code § 2-6.2; New; Ord. No.
53-03 § 1; Ord. No. 56-50; Ord. No. 58-12; Ord. No. 58-73; amended 12-17-2019 by Ord. No.
63-58]
a.
Standing committees.
1.
There shall be the following standing committees of the City Council:
(a)
Personnel.
(b)
Budget Review and Finance.
(c)
Public Works/Clean Communities.
(d)
Airport/Airport Lease.
(e)
Fire.
(f)
Construction Code/Lighting.
(g)
Engineering/Affordable Housing.
(h)
Parks and Recreation.
(i)
Real Estate, Revenue Enhancement and Development.
(j)
Negotiations and Labor Relations.
(k)
Cable TV, Technology and Communication.
(l)
Law.
(m)
Accident Review.
(n)
Public Property.
2.
Each standing committee shall be composed of three members of the
Council, appointed by the Council President at the annual reorganizational
meeting of the Council to serve until the next reorganizational meeting.
The President shall designate one member of each committee as the
Chairman.
3.
Each standing committee shall have jurisdiction over the operation
of its respective departments or functions, with the exception of
personnel issues, which shall remain under the jurisdiction of the
Personnel Committee. Each City department is subject to the administrative
jurisdiction of its respective standing committee, subject to review
and approval by City Council.
[1979 Code § 2-6.3; Ord. No. 20-161 §§ 1, 2; Ord. No. 49-05 § 1; Ord. No. 51-60 § 1; Ord. No. 51-74 § 1; Ord. No. 53-03 § 1; Ord. No. 60-73]
There shall be the following departments, officers, boards and
commissions in the City of Linden:
a.
Departments.
[Amended 12-18-2018 by Ord. No. 62-85; 12-17-2019 by Ord. No. 63-58]
1.
Department of Finance.
2.
Department of Community Services.
3.
Department of Assessments.
4.
Department of Police.
5.
Department of Fire.
6.
Department of Law.
7.
Department of Construction and Inspections.
8.
Office of the City Clerk.
9.
Department of Parks and Recreation.
10.
Board of Assistance.
11.
Public Defender.
12.
Municipal Court.
13.
Board of Health.
b.
Boards.
1.
Planning Board.
2.
Zoning Board of Adjustment.
3.
Local Assistance Board.
4.
Alcoholic Beverage Control Board.
5.
Construction Board of Appeals.
6.
Board of Health.
7.
Linden Free Public Library Board of Trustees.
8.
Rent Leveling Board.
9.
Linden District Management Corporation Board of Trustees.
c.
Commissions, Authorities and Officers.
1.
Linden Housing Authority.
2.
Linden-Roselle Sewerage Authority.
3.
Shade Tree Advisory Board.
Editor's Note: The Shade Tree Commission was replaced with the
Shade Tree Advisory Board by Ord. No. 66-75.
[Amended 12-20-2022 by Ord. No. 66-75]
4.
Environmental Commission.
5.
Mayor's Youth Commission.
6.
Morse's Creek Flood Control Commission.
7.
Office of Emergency Management.
8.
Mayor's Senior Citizen Advisory Board.
9.
Linden Cultural and Heritage Committee.
[1979 Code § 2-6.4]
The head of a department, subject to this Code and the approval
of the Council, shall:
a.
Prescribe the internal organization of the work of his department,
subject to the municipal table of organization.
b.
Direct and supervise subordinate officers and employees of the department
and make, alter and enforce individual work assignments.
c.
Approve or disapprove payrolls, bills and claims chargeable to departmental
appropriations.
d.
Maintain such records of work performance and unit costs thereof
as may be approved or required by the Council.
e.
Provide such information and reports on the work of the department
as may be required by the Council.
f.
Exercise such other or different powers of administrative supervision
and direction as the Council may delegate.
[Ord. No. 57-62]
The position and office of City Administrator is hereby created
in and for the City of Linden pursuant to and in accordance with the
provisions of this section and as provided for in N.J.S.A. 40A:9 136
et seq.
[Ord. No. 57-62]
a.
The Administrator shall be appointed by the Mayor, subject to confirmation
of the appointment by majority vote of the City Council, and hold
office at the pleasure of the City Council. The person appointed to
the office of Administrator shall make his permanent residence in
the City of Linden within one (1) year of the date of his appointment
or such additional time as may be granted by a resolution by the City
Council, and during his term in office remain a resident of said City.
If circumstances so warrant, the City Administrator's residency requirement
may be waived by resolution by a majority vote of the City Council.
b.
The City Administrator may be removed from office by a two-thirds
(2/3) vote of the City Council. The resolution of removal shall become
effective three (3) months after its adoption by the City Council.
The City Council may provide that the resolution for removal shall
have immediate effect; provided, however, that the City Council shall
cause to be paid to the City Administrator forthwith any unpaid balance
of his salary and his salary for the next three (3) calendar months
following adoption of the resolution.
[Ord. No. 57-62; Ord. No. 60-61]
The City Administrator shall be appointed on the basis of his/her
executive and administrative abilities and qualifications, with special
regard to education, training and management experience. A search
committee appointed by the Mayor shall seek qualified applicants for
presentation to the City Council. To be qualified, an applicant must
satisfy the following minimum education and experience criteria with
no substitutions for either:
a.
Hold a Bachelor's degree from an accredited college or university
with a degree in Business or Public Administration, and also hold
a certification in public administration, or hold a Master's degree
in Public Administration; and
b.
Have a minimum of five (5) years' experience working within a municipality
or other governmental entities.
[Ord. No. 57-62]
The City Administrator shall receive as compensation for such
position such amount as may be fixed and adopted by the City Council
of the City of Linden in the annual Salary Ordinance of the City.
[Ord. No. 57-62; amended 10-17-2023 by Ord. No.
67-68]
The City Administrator shall be the chief administrative officer
of the City of Linden and he shall be responsible to the Mayor for
the proper and efficient administration of both the day-to-day management
of the administrative affairs of the City and the overall business
affairs of the City, acting in its stead and as its representative.
The Administrator's duties shall relate to the management of all City
business and the coordination of activities of the various departments,
boards and commissions within the City, except the Police Department,
which the Mayor is head of in accordance with N.J.S.A. 40A:61-4(f),
and he shall provide assistance and planning in supervising the execution
of the City Council work in those areas where continuous and sustained
effort is required. The City Administrator shall not be responsible
for those nondelegable duties and responsibilities conferred upon
City officials by the City's Charter Statute (N.J.S.A. 40A:61-1 et
seq.), statute, other applicable laws, rules and regulations promulgated
by State agencies or such duties and responsibilities as the City
Council may, by ordinance or resolution, reserve to itself. The City
Administrator shall not engage in any partisan political activity
of any nature in the City of Linden, County of Union or State of New
Jersey.
[Ord. No. 57-62; amended 10-17-2023 by Ord. No.
67-68]
a.
The general powers and duties of the City Administrator shall include
but not be limited to coordination of operations, activities and administration
of the departments, offices, boards and commissions of the City government;
exchanging and disseminating information and generally advising and
consulting with the City Council without infringing upon the local
powers and duties of other officers, boards, commissions and departments
as stated above.
b.
In addition, the City Administrator shall have the following specific
duties and responsibilities:
1.
Serve as the chief administrative officer of the City on behalf of
and as the representative of and as directed by the Mayor, represent
the City and assert its proper interest and relation to State and
other political subdivisions with respect to City contracts and franchises.
2.
Attend all meetings of the City Council and other subcommittees as
directed by the City Council.
3.
Receive notice of all regular and special meetings of the City Council
and all advisory committees, boards, commissions and other agencies
of the City, including meetings with other governmental bodies and
agencies.
4.
Represent the City in its relations with the Federal, State and County
governments and other municipalities.
5.
Keep the City Council informed as to the conduct of City affairs
by submitting periodic reports in writing on the condition of the
City's finances and other reports in writing as the City Council shall
request. The Administrator shall make such recommendations to the
City Council as he and the City Council deem necessary and advisable
for the welfare of the City.
6.
Make studies and surveys of such municipal problems of the City of
Linden as shall be assigned to him from time to time by the City Council,
and prepare and submit written reports of his findings and determinations
to the City Council for its consideration and action.
7.
Submit to the City Council as soon as possible after the close of
the fiscal year a complete written report on the administrative financial
activities of the City for the preceding year. The Administrator shall
also prepare an annual report of the City's governmental activities
for submission to the City Council.
8.
Study the administrative operations and needs of the City and prepare
and recommend to the City Council necessary and desirable plans and
programs to meet present and foreseeable needs.
9.
Solicit and inform the City Council as to the Federal aid projects
and any State aid projects and any other aid programs for which the
City of Linden may qualify.
10.
Execute all laws of the State of New Jersey and execute ordinances
and resolutions of the City, subject to the direction of the City
Council, and the implementation of the City Council's policies as
established.
11.
Act as the liaison for the City Council members to all departments,
boards, commissions and other individuals or agencies as may be necessary,
under the direction of the City Council, the appropriate City Council
Committee or the individual City Councilman who is the representative
to such group or individual.
12.
Coordinate all personnel of the City through their respective department
heads or Council Committee Chairmen in consultation with and as a
representative of the City Council, and the Administrator shall coordinate
the business activities of the City's departments or committees, in
consultation with and as a representative of the City Council.
13.
All complaints regarding services or personnel of the City shall
be referred to the office of the City Administrator. He shall refer
same to the Division of Personnel Services to assist the department
head in investigating and disposing of such complaints and shall keep
a written record of such complaints and when and what action was taken
in response thereto and provide the City Council with a copy thereof.
14.
At the request of the City Council, or a Committee thereof, or, if
appropriate, on the Administrator's own initiative, study and analyze
the duties and responsibilities of, or investigate the performance
of, any employee or department of the City and submit a report relating
thereto to the City Council or Committee thereof for such further
action as it may deem advisable.
15.
Except in the Police and Fire Departments, and in accordance with
applicable Civil Service rules and regulations and ordinances of the
City, appoint employees of the City and make promotions to supervisory
and nonsupervisory positions, except that appointment of division
and department heads shall be subject to the advice and consent of
the City Council. Approve the advancement of employees within their
salary grades; approve the transfer of employees among divisions and
departments; report all personnel actions to the Finance Department
for inclusion in a payroll resolution; approve the performance appraisal
of all employees; in consultation with the applicable Council Committee
and/ or the full City Council, as applicable, appraise the performance
of department heads. With respect to the Police and Fire Departments,
participate in the process leading to appointment of employees and
their promotion to supervisory positions, in accordance with the statutes
and ordinances governing the management of those two (2) departments.
Discipline employees, with the exception of the Police Department,
in accordance with provisions of the City's personnel policies and
other applicable laws.
16.
When the Administrator deems it necessary and advisable for the betterment
of the City, recommend the suspension or discharge of employees in
accordance with law.
17.
Maintain sound personnel practices for the City work force and maintain
appropriate records for all City employees.
18.
Recommend the employment of experts and consultants to perform work
and render advice in connection with the operation of the dedicated
utilities or work projects in the City, subject to the approval of
the City Council.
19.
Have no pecuniary or personal interest directly or indirectly in
any contract, job for work or materials or the profits thereof to
be furnished or to be performed for the City of Linden.
20.
In conjunction with the City Clerk, prepare the agenda for each meeting
of the City Council and supply facts pertinent thereto and deliver
the same to the Council President. The Administrator shall arrange
and coordinate meetings and conferences when so required by the City
Council.
21.
Make sure that the provisions of all franchises, contracts, leases
and privileges and permits granted by the City are complied with except
insofar as such duties are expressly imposed upon some other City
official or other official by statute. Upon specific approval by the
City Council, the Administrator shall, with the assistance of the
City Attorney, negotiate contracts, subject to the approval of the
City Council.
22.
Prepare and submit, with the assistance of the Finance Department,
to the City Council and/or Finance Committee of City Council before
the close of the fiscal year or on a date certain, as scheduled by
Finance Committee of City Council, an estimated budget for the next
City fiscal year along with an explanatory statement regarding said
estimated budget, including a comparison of prior years' budgets,
appropriations and expenditures and an analysis of the proposed expenditures
with recommendations regarding the feasibility thereof. In preparing
the proposed budget, the City Administrator and Finance Department
shall obtain from the head of each department, agency, board or officer
estimates of revenues and expenditures and other supporting data as
he requests and as is necessary to complete said budgets. The Administrator
shall review the revenue and expenditure estimates and may revise
them before submitting the proposed budget to the Finance Committee
of City Council, provided that the Administrator shall not increase
the Chief Financial Officer's revenue estimates without submitting
a written explanation with the budget proposal.
23.
Upon the basis of the departmental request and the Administrator's
analysis of the needs and resources of the City, in coordination with
the Finance Department, prepare a recommended temporary budget on
or before December 15 or other date as prescribed by the City Council.
The Administrator and Chief Financial Officer shall present to the
Council a budget document consisting of:
24.
Be responsible for the execution of the City budget after its adoption
by the City Council and the implementation of the work programs contained
in the budget.
25.
Study, recommend, implement and enforce the financial procedures
and policies of the City and its departments.
26.
Maintain a continuing review and analysis of the budget operations,
work programs and City services, and report such results to the City
Council semiannually or more frequently as directed by the Council.
27.
Supervise a public information program in order that all citizens
and businesses in the City may be kept informed on City and related
programs and activities.
28.
Assist the Mayor and City Council in setting annual and long-term
goals for the City.
29.
Recommend to the City Council a statement of values to be observed
by City employees, develop programs for propagation of those values,
and monitor adherence of those values.
30.
Keep employees informed of City activities that affect them and involve
employees in the identification and solution of problems facing the
City.
31.
Be available to the Mayor for such advice or action as the Mayor
may deem prudent, provided that no action may be taken unless it is
accessible to City Council inquiry and knowledge.
32.
Perform such other functions and duties as may from time to time
be assigned by ordinance, resolution or direction of the City Council.
[Ord. No. 57-62]
During the absence of the City Administrator, the City Council
may appoint an officer or regular employee to perform the Administrator's
duties.
[Ord. No. 57-62]
Nothing in this section shall derogate from or authorize the
City Administrator to exercise the powers and duties of the elected
and appointed officials or employees of the City and of the boards
and commissions of the City established pursuant to law.
[Ord. No. 57-62]
Whenever used herein, the masculine gender shall include the
feminine.
