The assembly shall appoint a municipal administrator for an indefinite term and fix his compensation. The administrator shall serve at the pleasure of the assembly and be appointed solely on the basis of his executive and administrative qualifications. He/she need not be a resident of the municipality or state at the time of his/her appointment.
The assembly may remove the administrator from office in accordance with the following procedures:
(a)
Preliminary Resolution. The assembly shall adopt by affirmative vote of a majority of its members a preliminary resolution which must state the reasons for removal; and may suspend the administrator for a period of not to exceed 30 days. A copy of the resolution shall be delivered promptly to the administrator.
(b)
Public Hearing. Within five days after a copy of the resolution is delivered, the administrator may file with the assembly a written request for a public hearing. The hearing shall be held at an assembly meeting not earlier than 10 days or later than 20 days after the request is filed. The administrator may file with the assembly a written reply not later than five days before the hearing.
(c)
Final Resolution. If the administrator has not filed a request for public hearing, the assembly may adopt a final resolution of removal, which may be made effective immediately, by an affirmative vote of a majority of its members, at any time after five days from the date when a copy of the preliminary resolution was delivered to the Administrator. If a public hearing is requested, final resolution may be adopted any time thereafter.
(d)
Continuation of Salary. The administrator shall continue to receive his/her salary until the effective date of a final resolution of removal. The action of the assembly shall not be subject to review by any court or agency.
If the administrator is absent from the municipality or is unable to perform his/her duties; if the assembly suspends the administrator; or if a vacancy in the office of the administrator, the assembly may appoint an acting administrator to serve until the administrator returns, until his disability or suspension cease, or until another administrator is appointed. The assembly shall replace the acting administrator with a permanent administrator within a reasonable time, and in no case may he/she serve as acting administrator for more than one year.
The administrator shall be the chief administrative officer of the municipality and shall be responsible to the assembly. He/she shall execute the provisions of this charter, all ordinances of the municipality and all applicable laws. Without limiting the foregoing or excluding other or broader powers consistent therewith, the administrator shall:
(1)
Except as otherwise provided by this charter, with the approval of the assembly appoint or remove all heads of administrative departments, subject to such personnel regulations as the assembly may adopt;
(2)
Direct the care and custody of all municipal property;
(3)
Direct and supervise the construction, maintenance and operation of municipal public works;
(4)
Prepare from departmental submission annual budget and capital improvements program and submit them to the assembly;
(5)
Keep the assembly fully advised on the financial condition and needs of the municipality;
(6)
At the beginning of each fiscal year, submit to the assembly a report on the financial and administrative activities of the municipality for the preceding fiscal year;
(7)
Unless excused, attend all assembly meetings and shall have the right to take part in the discussion of all matters, but may not vote.