[Adopted 6-9-1970 by Ord. No. 515-70]
Pursuant to N.J.S.A. 40A:9-136, there is hereby
created the position of Borough Administrator.
[Amended 3-21-2023 by Ord. No. 1440-23]
The Borough Administrator shall be a natural
person nominated by the Mayor and appointed with the advice and consent
of the Council. The term of office of the Borough Administrator shall
be at the pleasure of the Mayor and Council.
[Amended 3-21-2023 by Ord. No. 1440-23]
Any vacancy in said office shall be filled by appointment of the Mayor and Council in the manner prescribed in §
31-8 of this chapter.
[Amended 3-21-2023 by Ord. No. 1440-23]
During the absence or disability of the duly
appointed Borough Administrator, the Mayor and Council of the Borough
of Caldwell may, by resolution, appoint an officer or regular employee
of the municipality to perform such duties of the Borough Administrator.
Such absence or disability shall be limited to three months after
which time such absence or disability may be deemed a vacancy. All
absences other than for approved sick days, shall be without pay unless
otherwise agreed by resolution of the Mayor and Council.
[Amended 3-21-2023 by Ord. No. 1440-23]
The Borough Administrator may be removed by a two-thirds vote
of the Mayor and Council of the Borough of Caldwell. The resolution
of removal shall become effective three months after its adoption
by the Mayor and Council. The Mayor and Council may provide that the
resolution shall have immediate effect; provided, however, that the
Mayor and Council cause to be paid to the Administrator forthwith
any unpaid balance of their salary and salary for the next three calendar
months following adoption of this resolution.
[Amended 9-17-2013 by Ord. No. 1279-13; 3-21-2023 by Ord. No. 1440-23]
A. The Borough
Administrator shall be appointed on the basis of their executive and
administrative abilities and qualifications with special regard to
education, training and experience in governmental affairs.
B. The Borough
Administrator need not be a resident of the Borough at the time of
their appointment.
C. No elected
member of the Governing Body shall be eligible for appointment as
the Borough Administrator during their term of office nor within one
year after the expiration of said term.
[Amended 2-4-2020 by Ord. No. 1382-20; 3-21-2023 by Ord. No. 1440-23]
The Borough Administrator shall be the chief
administrative officer of the Borough of Caldwell, and they shall
be responsible to the Mayor and Council as a whole for the proper
and efficient administration of the business affairs of the Borough.
The duties and responsibilities shall relate to the general management
of all Borough business, excepting therefrom those duties and responsibilities
conferred upon other Borough officials by state statute and other
applicable laws, rules and regulations promulgated by the state and
county agencies, decisional law or ordinance of the Borough of Caldwell.
[Added 3-21-2023 by Ord.
No. 1440-23]
The Borough Administrator shall perform all of the following
described duties and such other duties as shall be assigned to them
from time to time by resolution of the Mayor and Council.
A. The Borough Administrator shall supervise and direct business activities
of all Borough departments, including the direction of central purchasing
and recommend to the Mayor and Council the employment and replacement
of personnel as may be required in said department.
B. They shall serve as personnel officer of the Borough. As part of
that capacity the Borough Administrator shall recommend personnel
to the Mayor and Council for employment and promotion by the Borough.
The Borough Administrator shall recommend to the Mayor and Council
the discharge of any employee. They may discipline or suspend any
employee under their direct supervision pursuant to applicable civil
service procedure. No person shall be disciplined, suspended, or recommend
to be discharged, without just cause. Any employee disciplined or
suspended by the Borough Administrator shall have the right to appeal
such action to the Mayor and Council. They shall administer and negotiate
on behalf of the Borough all labor contracts and maintain comprehensive
personnel files and evaluation systems of job performance and duties
of all employees.
C. They shall prepare and submit to the Mayor and Council before the
close of the fiscal year, or on such alternate date as the Mayor and
Council shall determine, a proposed budget for the next fiscal year,
and an explanatory budget message. In preparing the proposed budget,
the Borough Administrator shall obtain from the head of each department,
agency, board or officer, estimates of revenues and expenditures and
other supporting data as requested. The Borough Administrator shall
review such estimates and may revise them before submitting the proposed
budget to the Mayor and Council.
D. They shall be responsible for the administration of the budget after
its adoption by the Mayor and Council and the implementation of the
work programs contained in the budget.
E. They shall execute and enforce the laws of the State of New Jersey
and ordinances and resolutions of the Borough of Caldwell as the Mayor
and Council may prescribe.
F. They shall attend all meetings of the Mayor and Council and their
committees, boards or bodies as directed, with a right to take part
in the discussion, and they shall receive notice of all regular and
special meetings of the Mayor and Council.
G. They shall prepare the agendas for each meeting of the Mayor and
Council and shall supply facts pertinent thereto and deliver same
to the Mayor and Council at least three (3) days prior to the date
of the meeting.
H. They shall keep the Mayor and Council informed as to the conduct
of Borough affairs, submit periodic reports, either in writing or
orally, on the condition of the Borough finances and such other reports,
either in writing or orally, as the Mayor and Council shall request,
and shall make such recommendations to the Mayor and Council as they
deem necessary and advisable for the welfare of the Borough.
I. They shall submit to the Mayor and Council, as soon as possible after
the close of the fiscal year, a complete written report on the administrative
activities of the Borough for the proceeding year.
J. They shall see that the provisions of all franchises, leases, contracts,
permits, licenses and privileges granted by the Borough or to the
Borough are complied with.
K. They may 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 Borough subject to final approval
by the Mayor and Council.
L. They shall attend to the letting of contracts, in due form of law
and supervise the performance and faithful execution of the same,
except insofar as such duties are expressly imposed upon some other
Borough officer or official by statute or ordinance or resolution.
M. They shall see that all money owed to the Borough is promptly paid,
and that the proper proceedings are taken for the security and collection
of all of the Borough's claims.
N. They shall be the purchasing officer of the Borough, and they shall
purchase in accordance with the provisions of the governing statutes
and sound purchasing practices, all supplies and equipment for various
agencies, boards, departments and other offices of the Borough. The
Mayor and Council may, at various times by resolution, describe the
amount above which the purchases exceeding said amount must receive
prior approval of the Committee Chairman or the Council. All purchases
shall be in accord with the state statutes. The Mayor and Council
may also set by resolution the amount above which all purchases will
require three or more competitive price quotations. They shall keep
an account of all purchases and shall, from time to time when directed
by the Mayor and Council, make a full written report thereof They
shall also issue rules and regulations governing the requisition and
purchase of all municipal supplies and equipment, consistent with
the provisions of this article.
O. They shall review and recommend all bills and vouchers for payment
prior to final approval by the Mayor and Council.
P. All complaints regarding services or personnel of the Borough shall
be referred to the office of the Borough Administrator. They shall
investigate and dispose of such complaints and shall keep a written
record of such complaints and the action taken in response thereof
and shall provide a copy thereof to the Mayor and Council.
Q. They shall maintain a continuing review and analysis of the budget
operations, work programs and cost of municipal services.
R. They shall, at the request of the Mayor and Council, assess the duties
and responsibilities of any elected or appointed official and any
department of the Borough, submitting their report relating thereto
to the Mayor and Council for such further actions as the Mayor and
Council may deem advisable.
S. They shall keep the Mayor and Council informed as to the federal
aid projects and state aid projects and any other aid programs for
which the Borough of Caldwell may qualify.
T. They shall analyze the cash needs of the Borough and recommend to
the Mayor and Council the prudent investment of Borough funds as temporarily
may be in excess of the amounts needed to meet Borough obligations.
U. They shall supervise and continually review the Borough's insurance
program and make periodic reports thereof to the Mayor and Council.
V. They shall perform such duties as may be assigned to them from time
to time by the Mayor and Council.
W. They
shall annually cause to be prepared by the Borough's construction
official a list of all buildings owned or controlled by the Borough
and provide a summary of the overall condition of the building. Such
list shall be provided to the governing body no later than October
1 of each year. Such report should contain a recommendation as to
whether any further investigation should be undertaken by an outside
professional, including but not limited to an engineering analysis,
structural analysis, HVAC, utilities, etc. If the governing body desires
to commence any additional review as a result of the report, subsequent
authorization, including a scope of work, must be approved by the
governing body.
[Added 8-15-2023 by Ord. No. 1444-23]
[Added 3-21-2023 by Ord.
No. 1440-23]
The Borough Administrator shall receive as salary, such sums
as may be fixed and adopted by the Mayor and Council in the annual
Salary Ordinance of the Borough.
[Added 3-21-2023 by Ord.
No. 1440-23]
The Borough Administrator shall devote full time to the interests
of the Borough and shall not engage in any other occupation or employment
while employed by the Borough, except as approved by the Mayor and
Council. The Borough Administrator shall not engage in any political
activity, nor shall make any financial or other contributions to any
local political campaign, nor lobby the elected officials on behalf
of a political party or campaign. However, nothing contained herein
shall be deemed to prohibit the Borough Administrator from providing
recommendations to the elected officials of the municipality on issues
of concern to the municipality or appearing before any other governmental
body on behalf of the Borough when authorized or directed to do so.
[Added 3-21-2023 by Ord.
No. 1440-23]
Nothing in this article shall derogate from or authorize the
Borough Administrator to exercise the power and duties of the elected
and appointed officials of the Borough.
[Added 3-21-2023 by Ord.
No. 1440-23]
If any article, section, subsection or sentence, clause or phrase
of the ordinance shall be held to be invalid for any reason, such
decision shall not affect the remaining portions of this article.
[Added 3-21-2023 by Ord.
No. 1440-23]
This article shall take effect after final passage and publication
as required by law.