[1971 Code § 2-5.1]
There shall be a Department of Administration, the head of which
shall be the Municipal Manager.
[1971 Code §§ 2-5.2-2-5.8; Ord. No. 2010-15 § 1]
a.
Appointment of Municipal Manager. The Municipal Manager shall be
appointed by a majority vote of the Township Committee for an indefinite
term, such term to be at the pleasure of the Committee. The Manager
shall be chosen by the Committee solely on the basis of executive
and administrative qualifications with special reference to actual
training in governmental affairs, educational experience and training
as evidenced by the completion of a college degree and preferably
a master's degree in public administration, business administration,
or municipal management. At the time of appointment, the Manager need
not be a resident of the Township or State, but during his tenure
of office, the Manager may reside outside the Township only with the
approval of the Township Committee.
b.
Removal. The Township Committee may remove the Manager at any time
by a two-thirds vote of its members. The resolution of removal shall
become effective three months after its adoption by the Township Committee
unless the resolution provides that it shall have immediate effect.
If it is to have immediate effect, the Township Committee shall cause
to be paid to the Municipal Manager any unpaid balance of his salary
to the date of termination of employment and in addition his salary
for the next three calendar months following the adoption of the resolution.
This three-month provision shall not apply in the event the Municipal
Manager voluntarily terminates employment by resigning the office
or position. In such event the Manager shall be paid only to the date
of actual termination of duties. The Manager shall give three-months
notice to terminate prior to voluntary resignation from office.
c.
Powers and Duties. In addition to the powers and duties hereinafter
set forth, the Municipal Manager shall have the powers and duties
prescribed by the Laws of New Jersey, the ordinances of the Township
of Lakewood and such other additional powers and duties as may be
prescribed or directed by the Township Committee. Excepted are those
powers or duties required by Law to be exercised by the Township Committee
itself or by another Officer, Board or Body.
Pursuant to N.J.S.A. 40A:63-7, the Municipal Manager shall be
responsible to the Township Committee for the proper administration
of all affairs to the Township. To that end the Manager shall:
1.
Prepare the budget annually and submit it to the Township Committee
together with a message describing the important features and be responsible
for the administration of the budget after adoption.
2.
Whenever necessary to fill vacancies in administrative positions
that are required by law to be appointments of the Township Committee,
the Municipal Manager shall, acting within the framework of civil
service regulations if applicable, submit the names of qualified individuals
for approval by the Township Committee. The Manager may recommend
the removal or suspension of any such appointee when it would be in
the best interest of the Township. All recommendations for appointment
or removal shall be based solely on the merit, qualifications or disqualifications
of the official or employee concerned without regard to his political
beliefs or affiliations.
3.
To advise the Township Committee of the financial conditions and
future needs of the Township and make such recommendations as deemed
advisable.
4.
Prepare and submit to the Township Committee at the end of the fiscal
year a complete report on the finances and conditions of the Township
for the preceding year, and the reports and recommendations of his
administration and each of the Departments, such reports to include
budget recommendations and audit reports when received.
5.
Recommend to the Township Committee adoption of such measures as
he may deem necessary or expedient for the health, safety or welfare
of the Township or for the improvement of administrative services.
6.
Consolidate or combine offices, positions, departments or units under
his jurisdiction, with the approval of the Township Committee to give
the greatest efficiency and lowest cost. If designated by the Committee,
the Manager may assume the duties of the head of any Department.
7.
Attend all meetings of the Township Committee unless excused therefrom
and be permitted to take part in the discussion of all matters coming
before the Township Committee. Attend all Township Committee Conferences
and other functions or Board meetings when directed.
8.
Supervise the purchase of all materials, supplies and equipment for
which funds are provided in the budget. The Municipal Manager may
issue such rules governing purchasing procedures with the administrative
organization as the Township Committee shall approve.
9.
See that all laws and ordinances are fully enforced and report lack
of enforcement or departmental ineffectiveness in enforcement to the
Committee.
10.
Investigate the affairs of the Township or any Department or division
thereof. Investigate all complaints in relation to matters concerning
the administration of the government of the Township, and as to service
maintained by the public utilities in the Township, and see that all
franchises, permits and privileges granted by the Township are faithfully
observed.
11.
Before separation from the Township at the conclusion of his employment
and simultaneous with his receipt of separation pay from the Township,
render a report on all activities of the Township from the date of
his last report to the date of separation.
12.
Arrange monthly meetings between Department Heads and the Township
Committee, and arrange such additional meetings as he may deem necessary.
13.
Appoint and remove all Department Heads, subordinates and all other
municipal employees for which no other method of appointment is otherwise
provided by statute. The appointment and removal of Department Heads
shall be with the advice and consent of the governing body. The Municipal
Manager shall report all such appointments or removals at the next
Township Committee meeting thereafter.
14.
Perform such other duties as may be required by the Township Committee
not inconsistent with statutes or ordinances.
d.
Township Committee Relations with Administration. Except for the
purpose of inquiry, the Township Committee and its members shall deal
with the administrative service solely through the Municipal Manager
and neither the Township Committee nor any member thereof shall give
orders to any Township administrative officials either publicly or
privately, except in emergency or in event the Manager is absent from
the Township and action is required.
e.
Civil Service Status of Manager. The provisions herein contained
are not intended to nor shall they be construed as giving the Municipal
Manager Civil Service status nor shall be attain tenure of office
as the result of his employment.
f.
Compensation. The compensation of the Municipal Manager shall be
as provided in and by the salary ordinance of the Township, as amended
from time to time, and shall be set at the pay scale adopted by resolution
of the Township Committee. It shall be permissible for the Township
Committee, upon the necessity of hiring a new Manager to pay for moving
expenses, and in addition, to pay the transportation and living expenses
of applicants for a reasonable time period for interview so as to
attract qualified applicants from areas outside the State of New Jersey
as well as within the State if the Committee determines the need therefor.
g.
Execution of Documents. All official documents or forms required
to be signed by the Municipal Manager shall be signed under the name
of the individual as Municipal Manager of the Township of Lakewood.
[Ord. No. 97-10 § 2-6A]
There shall be a Division of Purchasing in the Department of
Administration. The department head shall be the Purchasing Agent.
The Division shall be responsible for coordinating the purchases of
the various Township departments and consolidating these purchases
for public bidding annually or at various times through the year.
Under the direction of the Municipal Manager, the Division of Purchasing
through its Purchasing Agent shall prepare and enforce specifications
for the purchase of materials and supplies, advertise for bids and
seek quotations or prices for the purchase of materials and supplies;
receive bids and quotations and make appropriate recommendations to
the Township Committee; inspect or supervise the inspection of all
materials and supplies, the rendition of contractual services and
determine their quality, quantity and conformity with specifications;
purchase, store and distribute all materials and supplies and contract
for all services required by any Township department, office or agency;
arrange and supervise the sale of personal property in the possession
of the Township pursuant to all and with the assistance of the Township
Attorney; supervise and administer all joint purchasing agreements
between the Township and other contracting units of the State of New
Jersey; prepare pre-bidder specifications, regulations and standard
questionnaires for bidding subject to the approval of the Township
Committee; ascertain that Department purchases do not exceed the line
item appropriation for each particular Department; establish a record
of authorized purchases and encumbrance systems so as to reconcile
purchases with available appropriations; assure compliance by all
departments with the Local Public Contracts Law and Regulations, including
Affirmative Action Requirements with the assistance of the Township
Attorney.
Nothing contained herein shall require nor prevent the Division
of Purchasing from preparing specifications and contractual documentation
or supervising the execution and performance of contracts for public
works or improvements under the jurisdiction of the Township Engineer.
[Ord. No. 97-10 § 2-6A.1; Ord. No. 2002]
a.
General Purchase Procedures. All requests for purchases must be submitted
through the Division of Purchasing before the goods or services are
ordered or received. No purchase shall be made nor obligation incurred
unless the Chief Financial Officer certifies that a sufficient unencumbered
balance or appropriation is available to pay therefor. Any funds committed
in excess of that budgeted is in violation of state law even if the
funds have not yet been spent. Only after a request has been converted
to a Purchase Order and a Purchase Order Number assigned may the goods
or services be ordered. Goods or services ordered or received before
a Purchase Order Number has been assigned will be determined to be
a confirming order and will require a detailed memorandum of explanation
before it will be approved.
b.
Emergency Purchases.
1.
Any contract may be negotiated or awarded for a contracting unit
without public advertising when an emergency affecting the public
health, safety, or welfare requires the immediate delivery of goods
or performance of services pursuant to N.J.S.A. 40A:11-6.
2.
The Department Head or the Department Head's designee, as soon as
reasonably possible, must notify the Purchasing Agent or the Supervisor
of the Purchasing Agent of the need for a performance of contract,
the nature of the emergency, the time of the occurrence, and need
for invoking the emergency procedures pursuant to statute.
3.
If the Purchasing Agent or the Supervisor of the Purchasing Agent
is satisfied that an emergency exists, that person 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
and should be done no later than 48 hours after the emergency occurrence.
4.
Upon the furnishing of the bill of services, the contractor furnishing
such goods or services shall be entitled to be paid therefor.
[Ord. No. 2002-28]
[Ord. No. 2000-28]
[Ord. No. 97-10 § 2-6A.4]
In addition to the purchasing authority conferred by this chapter,
the Purchasing Agent shall:
a.
Act to procure for the Township the highest quality in supplies and
contractual services at the least expense to the Township.
b.
Encourage competitive bidding and endeavor to obtain full and open
competition insofar as possible on all purchases and sales.
c.
Keep informed of current developments in the field of purchasing,
prices, market conditions and new products and secure for the Township
the benefits of research done in the field of purchasing by other
governmental jurisdictions, national technical societies and trade
businesses and organizations.
d.
Prescribe and maintain such forms as the Purchasing Agent shall find
reasonably necessary to the operation of this chapter.
e.
Exploit the possibilities of buying in bulk, so as to take advantage
of discounts.
f.
Act so as to procure for the Township all Federal tax exemptions
to which it is entitled.
g.
Prepare, adopt and maintain a vendor's catalogue file according to
materials and shall contain descriptions of vendor's commodities.
h.
Have the authority to declare vendors, who default on their quotations,
irresponsible bidders and to disqualify them from receiving any business
from the Township for a stated period of time as recommended by the
Purchasing Agent and approved by the Township Committee.
i.
Prepare and adopt a standard purchasing nomenclature for using agencies
and supplies.
[Ord. No. 2000-28]
[Ord. No. 97-10 § 2-6A.9]
a.
Definition. Under the direction of the Municipal Manager, assists
the various Departments and employees of the Township in the preparation
of specifications or solicitation for bids for all purchases; reviews
and signs all vouchers prior to presentation to the Municipal Manager
and Township Committee for approval; prepares and revises purchasing
forms of the Township and recommends changes in purchasing procedures;
does related work as required and as directed by the Municipal Manager
and is the Affirmative Action Officer of the Township.
b.
Examples of Work. In conjunction with the Treasurer's Office, keeps a running tally of each Department's purchases and prospective purchases so as to establish an encumbrance system in order to reconcile purchases with available appropriations to avoid over expenditures exceeding Department and Township budgets. Assists various Departments in preparation of specifications for public bidding purchases and for solicitation of quotes for purchases not involving public bidding; coordinates and consolidates purchases of the various departments accumulating same where possible to foster public bidding in compliance with Local Public Contract Law and ascertains that all the bidding specifications, advertisements and contracts contain the appropriate affirmative action language; assists the Municipal Manager in the preparation of the budget and performs other miscellaneous duties as assigned by the Municipal Manager including those relating to the power set forth in subsection 2-10.3 through 2-10.11 above.
c.
Requirements. Requirements for the position will be those set forth
by the New Jersey Department of Personnel.
d.
Other Duties.
1.
Retain a thorough knowledge of all laws, regulations and ordinances
pertaining to purchasing by the Township including affirmative action
requirements.
2.
Reviews and recommends revision to all Township forms for purchasing
by Departments or employees in order to obtain better control over
expenditures and to encourage public bidding when possible in compliance
with the Local Public Contracts Law and Regulations.
3.
Reviews all vouchers submitted to the Township and if approved, signs
same prior to presentation to the Municipal Manager and Township Committee
which approval shall contain a certification that all goods and services
have been received and that the Local Public Contracts Law and Regulations
promulgated thereunder have been complied with in connection with
said purchase. Rejected vouchers will be returned to the various Departments
with reasons therefor.
4.
Shall be responsible for maintaining an inventory of stationery and
office supplies in the Purchasing Department for all Township Departments
and to establish controls thereof to prevent loss due to theft or
misuse of these supplies.
5.
Shall carry out such other duties as are assigned by the Municipal
Manager.
[Ord. No. 2010-83]
a.
The position of Deputy Municipal Manager ("Deputy Manager") is hereby
created.
b.
The Deputy Manager may be appointed by a majority vote of the Township
Committee for a term to be at the pleasure of the Committee. At the
time of appointment, the Deputy Manager need not be a resident of
the Township or State, but during his tenure of office, the Manager
may reside outside the Township only with the approval of the Township
Committee.
c.
The Township Committee may remove the Deputy Manager at any time
by a 2/3 vote of its members.
d.
The Deputy Manager shall have all the powers and duties of the Manager
and shall perform all those functions and duties performed by the
Manager at the direction of the Manager or in the latter's absence
or inability to perform his necessary functions.
e.
The provisions herein contained are not intended to nor shall they
be construed as giving the Deputy Manager Civil Service status nor
shall be attain tenure of office as the result of his employment.
f.
The compensation of the Deputy Manager shall be as provided in and
by the salary ordinance of the Township, as amended from time to time,
and shall be set at the pay scale adopted by resolution of the Township
Committee.
