[R.O. 1966 and 1966 C.S. § 2:5-1; Ord. 6-5-1968; Ord. 6 S+FB (S-1) 7-16-1986; Ord. 6 S+FM, 1-22-1992; Ord. 6 S+FB, 3-2-1994; Ord. 6 S+FB, 6-22-1994; Ord. 6 S+FI, 11-17-1997; Ord. 6 S+FF, 5-19-2004 § 1; Ord. 6 S+FD, 7-14-2004 § 1; Ord.
6 S+FG, 2-21-2007; Ord. 6 PSF-B, 9-17-2014; Ord. 6PSF-A(S), 1-7-2016; Ord. 6 PSF-E, 8-3-2016 § 2]
There shall be a Department of Administration, the head of which
shall be the Business Administrator. The Department shall consist
of the Office of the Business Administrator and the following divisions:
a. Office of Management and Budget.
c. Division of Central Purchasing.
d. Division of Office Services.
e. Division of Communications.
f. Office for Small Businesses.
g. Office of Information Technology.
h. Office of Sustainability.
CROSS REFERENCE: For provisions concerning the administration of community development block grant funds, see Section 10:6-1 et seq.
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Pursuant to N.J.S. 40:69A-60.3, the Business Administrator,
as Director of the Department of Administration, is empowered to appoint
and remove, with the approval of the Mayor, an Assistant Administrator
of his/her Department who serves in the unclassified service of the
Civil Service of the City and receives such salary as is fixed by
ordinance. N.J.S. 40:69A-60.4 authorizes the Director to prescribe
the powers and duties of the Assistant Director and, within the scope
of his/her authority, his/her actions become as legal and binding
as if done by the Director for whom he/she is acting.
[R.O. 1966 § 2:5-2(a)]
The Business Administrator shall have the qualifications and
shall be appointed in the manner prescribed in the Charter. The compensation
of the Business Administrator shall be such sum annually as shall
be fixed by ordinance of the Council.
[R.O. 1966 and 1966 C.S. § 2:5-2; Ord. 6 S+FB (S-1), 7-16-1986; Ord. 6 S+FK, 12-8-1986 § 1; Ord. 6 S+FM, 11-13-1989 § 1; Ord.
6 S+FJ, 5-1-1991 § 1; Ord. 6 S+FE, 7-6-1994; Ord. 6 S+FI, 11-17-1997]
Through such Divisions referred to in Section
2:5-1 and otherwise, the Business Administrator, under the direction and supervision of the Mayor, shall:
a. Assist the Mayor in the preparation of the City budget;
b. Except as is otherwise herein provided, develop and enforce sound
purchasing and personnel practices and procedures for all departments,
offices and agencies of the City and assist the Mayor in the making
of policy decisions which relate to the City's physical development;
c. Supervise the administration of each of the departments established
by ordinance and, for this purpose, to have and exercise such duties
and powers as are provided by the Charter;
d. Prescribe and issue rules and regulations for the efficient management
of the City Government, not inconsistent with the Charter and ordinances
of the City;
e. Be responsible for the efficient management of his/her Department,
and have the general powers and duties of a Department Head as provided
by the Charter or by ordinance;
f. Coordinate the operation and administration of the various departments,
divisions, offices and agencies of the City Government.
g. Arrange for any and all documents submitted to the Department of
Administration or any of its divisions by the Municipal Council and/or
the Office of the City Clerk relating to a Requisition for Personnel,
a Request for Personnel Action (FORM CS-6) or allied forms, to be
processed by the appropriate division and a final determination be
made known in writing to the City Clerk within three business days
after receipt of the original request.
h. Be present at, or designate a member of his/her staff to attend all
regular and special meetings of the Municipal Council and all scheduled
conferences of the Council.
i. Give public notification 120 days prior to any transfer or closing
of a police, fire or public safety facility to the Municipal Council,
via the City Clerk; public notification and a public hearing on any
such planned transfer or closing, 90 days prior to the action, shall
be conducted by the City Clerk.
j. Be responsible for the internal audit of all the departments and
agencies of the City government which are under the direct statutory
supervision of the Mayor.
k. Submit quarterly management reports to the Governing Body detailing
the findings and recommendations disclosed by the internal audits
performed on the departments and agencies of the City government which
are under the direct statutory supervision of the Mayor. The reports
shall be submitted to the Governing Body no later than 30 days after
end of the quarter (March, June, September, December).
l. Prepare an annual administrative report on the effectiveness of the
City's internal controls. The report shall be certified as to accuracy
and reliability of facts and signed by the Mayor, Business Administrator
and Director of Finance (Chief Financial Officer). Submission to the
Governing Body shall occur no later than 30 days after the end of
the calendar year.
1. Contents of report should include as a minimum;
(a)
The role of the internal audit department;
(b)
A statement of the Administration's responsibilities for preparing
the management report and establishing and maintaining an adequate
internal control structure and procedures for reporting to the Governing
Body.
(c)
Statements regarding the communication of policies and procedures
to employees;
(d)
Statements regarding appropriate delegation of authority and
the segregation of responsibilities.
(e)
Information regarding inherent limitations of an internal control
system;
(f)
Disposition of findings and recommendations promulgated by the
quarterly management reports identified in paragraph k.
m. There shall be within the Office of the Business Administrator a
Bureau of Research and Program Development. The Bureau of Research
and Program Development shall be responsible for the following duties
and responsibilities:
1. Disposition of findings and recommendations promulgated by the quarterly
management reports identified in paragraph k.
2. The coordination, planning, and reporting for any and all other intergovernmental
grants that are interdepartmental in nature.
3. The management administration, and implementation of the Enterprise
Community Program.
4. The identification of any and all grant opportunities for Newark
City government and external organizations that serve a public purpose
(e.g., community-based non-profits).
5. The provision of technical assistance to City agencies and non-profits
in preparing and submitting proposals to governmental and nongovernmental
funding sources.
6. Research in support of the grants process, including program concepts
and data based development.
7. Research on intergovernmental policies to be funded with Federal
and State aid.
8. The design of innovative programs and policies to be funded with
Federal and State aid.
[Ord. 6 S+FD, 4-16-2008 Preamble]
a. Findings. The City of Newark has an ongoing common law obligation
to maintain streets, medians, sidewalks, and walkways.
Various profit and not-for-profit businesses and organizations
have volunteered to assist the City with regard to this obligation
as a form of public service.
The Mayor and Municipal Council, in order to accept these altruistic
offers of public service to the community, must establish a standardized
and uniform application process and a form of agreement that can easily
and efficiently be administered by the City to effectuate the foregoing.
b. Adopt-A-Median Agreements. Adoption of Medians on City Streets for
the Purpose of Trash Removal, Landscape Maintenance and Planting Services:
1. The Business Administrator shall have the authority to enter into
and execute an agreement to permit for profit and not-for-profit businesses
and organizations to participate in the City of Newark's Adopt-A-Median
Program which contributes toward the City's efforts of attaining litter
free streets, sidewalks, walkways and medians. Entry into such Agreement
shall not require the prior approval of the Municipal Council.
2. All businesses and organizations desiring to participate in the City's
Adopt-A-Median Program shall complete and execute an Adopt-A-Median
application and agreement in the form as filed with the City Clerk
at the time of the adoption of this section. Any substantive changes
to the terms of the Agreement must be approved by Ordinance of the
Municipal Council prior to their use.
3. Any Adopt-A-Median Agreement entered into pursuant to the section
shall be for a term not to exceed two years. However, this provision
shall not preclude an organization or business who has been granted
the adoption of a median, sidewalk, walkway from reapplying to adopt
the same median, sidewalk, walkway for a consecutive(s) term(s).
4. Each month, the Business Administrator shall file a report with the
City Clerk indicating all such Adopt-A-Median Agreements entered into
during the previous month. In addition a fully executed copy of each
Agreement shall be filed with the City Clerk upon execution.
[Ord. 6PSF-F, 10-16-2019; amended 3-15-2023 by Ord. No. 6PSF-C, 03-15-2023]
a. The City's Business Administrator is hereby authorized to establish
and administer a program that permits non-profit corporations to submit
a proposal to lease City-owned property, pursuant to N.J.S.A. 40A:12-14(c)
and N.J.S.A. 40A:12-15, where such leases are for the sole public
purpose of using city-owned property as a location for social gatherings
and community activities related to artistic and cultural endeavors,
provided that in no event shall any such lease be entered into for,
with or on behalf of any commercial, business, trade, manufacturing,
wholesaling, retailing or other profit-making enterprise, nor shall
any such lease be entered into with any political, partisan, sectarian,
denominational or religious corporation or association or for any
political, partisan, sectarian, denomination or religious purpose.
The City shall utilize a Solicitation for Letters of Intent (LOI)
procedure to select non-profit corporation(s). All non-profit corporations
that submit a proposal to the City of Newark shall have been incorporated
in the State of New Jersey for at least one year prior to submission.
b. Applications for this lease program shall be processed without regard
to age, color, creed, marital status, national origin, sexual orientation,
gender identity, political party affiliation, race or sex of the applicant(s).
c. The Business Administrator shall review all lease proposals submitted
under this program and shall choose the proposal(s) that he deems,
in his sole independent discretion, is in the best interest of the
City and the public as a whole. The Business Administrator or his
designee has the right to reject any Proposal and such rejection shall
be final.
d. The successful party shall be obligated to enter into a lease agreement
the terms of which shall be in a form that is acceptable to the Corporation
Counsel. All lease agreements shall be for an initial one-year term
with four one year options to renew at an annual rent of $1, each
subject to Municipal Council approval. The tenant, at the conclusion
of the fifth year term, will have the option to purchase the property
from the City of Newark at the fair market value for the property
during the first year of the lease. All lease agreements shall not
become effective unless and until they have been approved by the Newark
Municipal Council.
e. Pursuant to N.J.S.A. 40A:12-14(c), any nonprofit corporation entering
into a lease with the City for a public purpose pursuant to this section,
shall annually submit a report to the Business Administrator or his/her
designee on forms provided by the Deputy Mayor/Director of the Department
of Economic and Housing Development, or his/her designee, for such
purposes. The nonprofit corporation shall be required to submit said
report annually setting out the use to which the leasehold was put
during each year, the activities of the lessee undertaken in furtherance
of the public purpose for which the leasehold was granted; the approximate
value or cost, if any, of such activities in furtherance of such purpose;
and an affirmation of the continued tax-exempt status of the nonprofit
corporation pursuant to both State and federal law.
f. This lease Program shall be administered in accordance and full compliance
with all applicable federal, state and local laws, rules and regulations,
including but not limited to, the Local Government Ethics Law, N.J.S.A.
40A:9-22.1, et seq.
g. The Business Administrator or his designee is hereby authorized to
develop additional procedures and program guidelines consistent with
this Ordinance as may be necessary to implement and administer this
lease Program as set forth herein.