[R.O. 1966 C.S. § 2:2-93; Ord.
6 S+FR, 12-8-1986]
a.
Administrative Agency. Administrative agency means any department
or other governmental unit, any official, or any employee of the City
of Newark except that the Mayor, Deputy Mayor, Mayoral Administrative
Aides, Municipal Council and all employees of the Council, and City
Clerk and all employees of the office of City Clerk shall not be included.
b.
Appointment. The Mayor shall appoint the Ombudsman subject to the
advice and consent of the Municipal Council of the City of Newark.
c.
Qualifications. The Ombudsman shall be a person well equipped to
analyze problems of law, administration, and public policy, and shall
not be actively involved in partisan affairs.
d.
Term of Office.
1.
The Ombudsman shall be appointed by the Mayor with the advice and
consent of the Council. His term shall be coterminous with each term
of the Mayor appointing him/her and he/she shall be subject to advice
and consent of the Municipal Council for each term of his/her appointment.
2.
The appointment of an Ombudsman shall in no way obligate the City
of Newark to finance the office of Ombudsman within the City budget
in any particular fiscal year.
e.
Salary. The Ombudsman shall receive a salary to be ordained by the
Municipal Council. During his/her term of office he/she shall devote
full time to the job.
f.
Technical Staff. The Ombudsman shall have assigned to him/her such
staff as is deemed necessary by the Administration to perform the
function of his/her office within the amounts available by appropriation
of the Municipal Council.
g.
Powers. The Ombudsman shall have the following duties and responsibilities:
2.
He/she may review, on complaint, any citizens' complaint within the
provisions of the Revised Ordinances of the City of Newark;
3.
He/she may prescribe the methods by which complaints are to be made,
received, and acted upon;
4.
He/she may request and shall be given by each department or agency
of the Administration the assistance and information he deems necessary
for the discharge of his/her responsibilities;
5.
He/she may undertake, participate in, or cooperate with general studies
or inquiries, if he/she believes that they may enhance knowledge about
or lead to improvements in the functioning of departments or agencies
of the Administration;
6.
He/she shall refer all complaints to an appropriate department or
agency within the Administration.
h.
Action on Complaints.
1.
The Ombudsman may receive a complaint from any source concerning
a citizen problem. He/she shall conduct a suitable review of complaints
unless he/she believes that:
(a)
The complainant has available to him/her another administrative
remedy or channel of complaint which he/she could reasonably be expected
to use;
(b)
The grievance pertains to a matter outside the Ombudsman's responsibility;
(c)
The complainant's interest is in-sufficiently related to the
subject matter;
(d)
The complaint is trivial, frivolous, vexatious, or not made
in good faith;
(e)
Other complaints are more worthy of attention;
(f)
The complaint has been too long delayed to justify present examination
of its merit.
2.
After completing his consideration of a complaint the Ombudsman shall
suitably inform the complainant and the administrative agency or agencies
involved.
i.
Consultation with Agency. Before announcing a conclusion or recommendation
that criticizes an administrative agency or any person, the Ombudsman
shall consult with the agency or person.
j.
Recommendations. If, having considered a complaint and whatever material
he deems pertinent, the Ombudsman is of the opinion that an administrative
agency should (1) consider the matter further, (2) modify or cancel
an administrative act, (3) alter a regulation or ruling, (4) explain
more fully the administrative act in question, or (5) take any other
step, he/she shall state his/her recommendations to the administrative
agency.
k.
Publication of Recommendations. The Ombudsman shall publish his/her
conclusions, recommendations and suggestions by transmitting them
to the Mayor, Municipal Council and others who may be concerned. When
publishing an opinion adverse to an administrative agency or official
he/she shall (unless excused by the agency or official affected) include
the substance of any statement the administrative agency or official
may have.
l.
Reports. In addition to whatever reports he/she may make from time
to time, the Ombudsman shall on or about February 15th of each year
report to the Municipal Council and to the Mayor concerning the exercise
of his/her functions during the preceding calendar year. In discussing
matters with which he/she has dealt, the Ombudsman need not identify
those immediately concerned if to do so would cause needless hardship.
So far as the annual report may criticize named agencies or officials,
it must also include the substance of their replies to the criticism.
m.
Investigations. Nothing contained herein in any paragraph of this
section shall be construed to confer upon the Ombudsman in any manner
or to any degree, the statutory investigative powers and responsibilities
of the Municipal Council.
n.
Removal. The Ombudsman may be removed by the Mayor for cause after
notice and opportunity to be heard. Prior to removal the Mayor shall
first file written notice of his/her intention with the Council, and
such removal shall become effective on the twentieth day after the
filing of such notice unless the Council shall prior thereto have
adopted a resolution by a two-thirds vote of the whole number of the
Council disapproving the removal.
