[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.
b. 
Division of Personnel.
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.
[1]
Editor's Note: Office of Homeland Security and Office of Emergency Management moved to the Department of Public Safety.
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.
[1]
Editor's Note: The qualifications for appointment of a Business Administrator and his/her statutory powers and duties are set forth in N.J.S. 40:69A-44.
[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+FL, 5-18-1988]
a. 
It shall be the official policy of the City of Newark that appropriate City offices and other facilities open to and serving the public shall be made available to provide voter registration services and assist eligible persons who desire the services.
b. 
The Business Administrator shall be responsible for developing a plan and instituting procedures to implement the aforesaid City policy and shall make arrangements and enter into agreements, if necessary, to establish suitable locations to provide voter registration services at a convenient time. In addition to the Office of the City Clerk, Municipal office locations shall also include but not be limited to the following:
1. 
Division of Revenue Collections (Tax Collector).
2. 
Division of Assessments (Tax Assessor).
3. 
Division of Water Accounting and Customer Service.
In addition, wherever possible, the following locations shall also be utilized:
4. 
Newark Public Schools.
5. 
Newark Housing Authority Projects.
6. 
Senior Citizen Centers and other related community based organizations funded through the City of Newark.
c. 
As the Statutory Municipal Election Official, the City Clerk shall be responsible for providing all voter registration centers with the necessary forms to carry out the registration process and to receive all completed voter registration forms for transmittal to the Essex County Superintendent of Elections.
[1]
Editor's Note: This section shall be subject to voter registration laws and all registrations shall be forwarded to the City Clerk for transmittal to the Essex County Commissioner of Registrations and the Superintendent of Elections.
[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.