[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; 4-16-2024 by Ord. No. 68-18]
a.
Standing committees.
1.
There shall be the following standing committees of the City Council:
(a)
Personnel.
(b)
Budget Review, Finance, Real Estate, Revenue Enhancement and Development.
(c)
Community Services/Affordable Housing.
(d)
Airport/Airport Lease.
(e)
Fire.
(f)
Construction Code/Lighting.
(g)
Accident Review.
(h)
Parks and Recreation.
(i)
Negotiations and Labor Relations.
(j)
Cable TV, Technology and Communication.
(k)
Law.
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.
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.
[Added 6-17-2025 by Ord. No. 69-30]
a.
Purchasing Agent. Within the Office of the City Administrator shall be the Division of Purchasing headed by the Purchasing Agent who shall be qualified pursuant to N.J.S.A. 40A:11-9b. Under the direction and supervision of the City Administrator, the Purchasing Agent, the Senior Purchasing Assistant and Purchasing Assistant, shall act as the City's "contracting agents" for the purposes of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.), and be responsible for all purchasing and for the preparation of all bids for public advertising, and shall administer the competitive contracting process (N.J.S.A. 40A:11-4.3b). The Purchasing Agent, Senior Purchasing Agent and Purchasing Assistant shall award such contracts in the manner provided by law and shall promptly report same to the City Council.
b.
Powers and Duties. The functions and responsibilities of the Purchasing Agent shall include:
1.
Procuring goods and services required by all City Departments, including the appropriate bid invitations, evaluations and recommendations to the awarding authority.
2.
Updating and upgrading of specifications for all commodities and services purchased for the City to fit requirement decisions to the best market advantage of the City, considering all factors, including quantity, time and place.
3.
Locating and developing sources of supply to establish dependable vendors who will work with the City.
4.
Ensuring good relations with suppliers and good vendor performance in delivery, quality, pricing, invoicing and assistance when needed.
5.
Collecting, selling and disposing of surplus property in accordance with applicable law.
6.
Developing and installing a comprehensive inventory and control system for all equipment.
7.
Administration and monitoring of all municipal contracts, leases and agreements.
c.
Purchase Order System. All purchases and contracts awarded for supplies, materials, service or equipment shall be pursuant to the Public Contract Law N.J.S.A.[1] and the following procedures. All purchases of materials, equipment, supplies, work and labor required by any Department, Office or agency shall be made through the Purchasing Agent.
1.
Requisition on Purchasing Agent. Pursuant to the Director of Finance's designation of applicable subaccounts within the chart of accounts, all purchases for any Department shall be made by the Purchasing Agent, pursuant to a written requisition from the Head of the Department whose appropriation will be charged and the certification of the Chief Financial Officer that a sufficient unencumbered balance of appropriation is available. No Official or Department shall obligate the City except through the use of this requisition form on the Purchasing Agent. Prior to payment, funds shall be encumbered by the Chief Financial Officer. All such purchases which require competitive bidding shall conform to applicable requirements of the Local Public Contracts Law N.J.S.A. 40A:11-1 et seq.
2.
Purchase Order. Having reached a decision as to where to place the order, a pre-numbered purchase order shall be prepared by the Purchasing Department and signed by the Purchasing Agent.
3.
The Head of each Department shall designate, in writing, the name or names of employees in the Department authorized to receive supplies, materials and equipment. The person so designated shall accept deliveries and sign for them only where the goods are in exact conformity with the order. Should there be any doubt as to quantity or quality, the receiving employee shall immediately notify the Department Head for appropriate action. If any supplies, materials or equipment are rejected, the Department Head shall immediately notify the Purchasing Agent.
4.
Standards and Tests. The Purchasing Agent shall establish or approve uniform standards for requisitions and purchases. The Purchasing Agent shall control the delivery of all supplies, materials and equipment and other items purchased and shall make or cause to be made test checks and inspections thereof. He shall ascertain whether supplies, materials, equipment and other items purchased comply with the specifications and shall cause laboratory or other tests to be made whenever, in his opinion, it is necessary to determine whether the materials, supplies or equipment furnished are of the quality and standard required.
5.
Voucher (City Bill Form). A regular City bill form shall be sent with each purchase order to the vendor. Upon receipt of the bill from the vendor, the using Department shall complete the voucher indicating that it has received the service, material, supplies or equipment and attach the invoice or shipping tickets to the voucher. The Department Head shall sign the voucher indicating that the items were received or the work performed and that payment may now be made. The Purchasing Agent shall check all figures and receipts before authorizing payment. The voucher shall be then transmitted to the City Clerk for the approval of the respective Committees of the City Council for authorization for payment.
6.
No purchase shall be made and no bill, claim or voucher shall be approved unless the procedures prescribed by this section have been followed.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
d.
Change Orders and Contingencies. The City Council shall be required to authorize all change orders except:
1.
Minor field modifications, to the extent normally permitted by the City Council and its appropriate administrative officials, shall be authorized by the Purchasing Agent, provided they do not affect the overall scope of work of the contract. If change orders will result in an inability to complete the full contracted scope of services without increasing the contracted price, the City Council shall approve in advance.
2.
If the awarded contract includes a sum for contingencies, such sum shall be encumbered against the particular appropriation, and charges against that amount may be authorized by the Purchasing Agent.
e.
Emergency Contracts. The Purchasing Agent shall be designated as the person to be notified, by the official in charge of the agency wherein the emergency occurred, of the need for the performance of a contract, the nature of the emergency, the time of its occurrence and the need for invoking this section. If the Purchasing Agent is satisfied that an emergency exists, then he shall be authorized to award a contract or contracts for such purposes as may be necessary to respond to the emergent needs. Such notification shall be reduced to writing and filed with the Purchasing Agent as soon as practicable.