A. 
Power and duties. The executive and administrative functions of City government shall be exercised by the Mayor, subject to the Optional Municipal Charter Law, N.J.S.A. 40:69A-31 et seq. The Mayor shall:
(1) 
Enforce the Charter and ordinances of the City and all general laws applicable thereto;
(2) 
Report annually to the Council and to the public on the state of the City, and the work of the previous year; the Mayor shall also recommend to the Council whatever action or programs are deemed necessary for the improvement of the City and the welfare of its residents. The Mayor may recommend any action or programs which are deemed necessary or desirable for the City to undertake;
(3) 
Appoint department heads with advice and consent of Council and may remove any department head as provided by the Charter, ordinance or general law. The Mayor shall supervise, direct and control all departments of the City government and shall require each department to make an annual and such other reports on its work as is deemed desirable;
(4) 
Require such reports and examine such accounts, records and operations of any board, commission or other agency of City government, as are deemed necessary;
(5) 
Prepare and submit to the Council for its consideration and adoption an annual operating budget and a capital budget, establish the schedules and procedures to be followed by all departments, offices and agencies in connection therewith, and supervise and administer all phases of the budgetary process;
(6) 
Supervise the care and custody of all City property, institutions and agencies, and make recommendations concerning the nature and location of municipal improvements and execute improvements determined by the Council;
(7) 
Sign all contracts, bonds or other instruments requiring the consent of the municipality;
(8) 
Review, analyze and forecast trends of municipal services and finances and programs of all boards, commissions, agencies and other municipal bodies, and report and recommend thereon to the Council;
(9) 
Supervise the development, installation and maintenance of centralized budgeting, personnel and purchasing procedures as may be authorized by ordinance;
(10) 
Negotiate contracts for the City subject to Council approval;
(11) 
Assure that all terms and conditions imposed in favor of the City or its inhabitants in any statute, franchise or other contract are faithfully kept and performed;
(12) 
Appoint the members of any board, authority or commission with the advice and consent of Council, whenever the governing body is authorized by any provision of general law to exercise this power and unless the terms of the general law clearly require a different appointment procedure or appointment by resolution, in which case the appointment shall be by Council (N.J.S.A. 40:69A-43);
(13) 
Appoint all officers and employees for whose election or appointment no other provision is made by the Charter or ordinance;
(14) 
Serve as an ex officio, nonvoting member of all appointive bodies in municipal government of which the Mayor is not an official voting member. (N.J.S.A. 40:69A-32, 40:69A-39, 40:69A-40)
B. 
Allocation of functions, etc. All of the administrative functions, powers and duties of the City shall be allocated and assigned among and within departments established or constituted by the Code or any amendments and supplements thereto.
C. 
Department heads and subordinates. The head of each department shall be a "department head" appointed by the Mayor with the advice and consent of the Council and as provided by the code and amendments thereto.
D. 
Interim appointments. Whenever a vacancy exists in any office required by the Charter or Administrative Code to be filled by the Mayor with the advice and consent of the Council and there is no holdover incumbent, the Mayor may temporarily fill such vacancy in the absence of any contrary provision in the Charter or ordinance by appointing an acting officer from among the existing officers and employees of the department affected. Such appointee shall have all the functions, powers and duties of the office until it shall terminate not later than 90 days after the date of the appointment, unless the Council shall by resolution authorize one or more extensions of such period.
E. 
Acting Mayor. The Mayor shall designate the Business Administrator, any other department head, or the Municipal Clerk to act as Mayor whenever the Mayor shall be prevented by absence from the City, disability or other cause from attending to the duties of his office. During such time the person so designated by the Mayor shall possess all the rights, powers and duties of Mayor. Whenever the Mayor shall have been unable to attend to the duties of his office for a period of 60 consecutive days for any of the above stated reasons, an Acting Mayor shall be appointed by the Council who shall succeed to all the rights, powers and duties of the Mayor or the then Acting Mayor. (N.J.S.A. 40:69A-42)
[Amended 9-19-2017 by Ord. No. 17-20]
F. 
Mayor to serve as Acting Business Administrator. Whenever so long as there is a vacancy in the office of Business Administrator, the Mayor may serve as Acting Business Administrator without additional compensation and shall for the time being have all the functions, powers and duties of the Administrator. Any such service by the Mayor shall terminate not later than 90 days after the date that such service begins unless the Council shall by resolution authorize one or more extensions of such period.
G. 
Statutory and nondepartmental agencies. The administrative functions, powers and duties of statutory and other agencies of the City government not allocated and assigned by this code shall be subject to the supervision of the Mayor except as otherwise specifically provided by law, and for this purpose such statutory and other agencies are allocated and assigned to the office of the Mayor.
(1) 
Public library. The trustees of the Free Public Library, as heretofore established and empowered pursuant to N.J.S.A. 40:54-1 et seq.
(2) 
Planning Board. The Planning Board, as heretofore established and empowered pursuant to N.J.S.A. 40:55-1.4 et seq., which has been repealed; see now N.J.S.A. 40:55D-23 et seq.
(3) 
Board of Adjustment. The Board of Adjustment as heretofore established and empowered pursuant to N.J.S.A. 40:55-36 et seq. which has been repealed; see now N.J.S.A. 40:55D-69 et seq.
(4) 
Human Relations Commission. The Human Relations Commission, as heretofore established and empowered pursuant to N.J.S.A. 18:25-10 et seq., now N.J.S.A. 10:5-10.[1]
[1]
Editor's Note: Original Subsection e, Program Award Committee, which immediately followed this section, was deleted 10-6-2003 by Ord. No. 03-5.
(5) 
Municipal Alliance Committee (Resolution 186-89).
(6) 
Bridgeton/Cumberland Tourist Center.
(7) 
Officers and employees. The Mayor shall appoint and may remove such technical, professional and clerical personnel as may be required for the administration of any office, board or commission referred to in this subsection in accordance with the Charter. Insofar as practicable staff services for any such office, board or commission shall be provided by full-time City employees.
[Added 7-7-2015 by Ord. No. 15-19]
There is hereby created a position of Special Assistant to the Mayor within the City of Bridgeton.
A. 
Duties. The duties of the Special Assistant to the Mayor shall include but not be limited to:
(1) 
Assist the Mayor with development of policies, programs, and procedures in the operation of the municipal government.
(2) 
Collect and analyze requested data.
(3) 
Prepare correspondence, reports, and recommendations for the review of the Mayor.
(4) 
Act as a liaison between the Mayor and public as requested by the Mayor.
(5) 
Act as the Mayor's representative and/or liaison with other units of government as assigned.
(6) 
Represent the Mayor at speaking engagements, hearings, and conferences as requested.
(7) 
Assemble statistical and other materials required for reports, memoranda, speeches, and other written materials.
(8) 
Conduct research as requested by the Mayor.
(9) 
Other duties not specifically addressed as assigned by the Mayor.
B. 
Assignment. The Special Assistant to the Mayor shall be assigned to the position at the pleasure of the Mayor.
[Added 10-5-2021 by Ord. No. 21-19]
There is hereby created a position of Special Assistant to the Mayor for Youth Affairs within the City of Bridgeton.
A. 
Duties. The duties of the Special Assistant to the Mayor for Youth Affairs shall include but not be limited to:
(1) 
Assist the Mayor with development of programs and activities specifically for youth within the City of Bridgeton.
(2) 
Organize, coordinate and/or lead recreational and athletic programs and activities designed and intended specifically for youth in Bridgeton City Park and other approved locations in consultation with the Director of Recreation.
(3) 
Prepare reports and updates on youth affairs and youth programs for the Mayor.
(4) 
Act as a liaison between the Mayor and the youth of Bridgeton as requested by the Mayor.
(5) 
Other duties related to youth affairs not specifically listed as assigned by the Mayor.
B. 
Assignment. The Special Assistant to the Mayor for Youth Affairs shall be assigned to the position and serve at the pleasure of the Mayor.
A. 
Powers and duties general. The Council shall consist of five members who shall serve for a term of four years (N.J.S.A. 40:69A-34). It is the intent of this section to confer on the Council all general legislative powers, and such investigative powers as are germane to the exercise of its legislative powers, but to retain for the Mayor full control over the administration of City services. (N.J.S.A. 40:69A-37.1)
B. 
Legislative powers. The legislative power shall be exercised by the City Council, subject to procedures set forth in the Optional Municipal Charter Law (N.J.S.A. 40:69A-3 et seq.) and shall be exercised by ordinance as allowed by law, except for the exercise of those powers that under this plan of government or general law do not require action by the Mayor as a condition of approval for the exercise thereof and may, therefore, be exercised by resolution, including but not limited to: [Note: Source for Subsection B(1) through (16) is N.J.S.A. 40:69A-36.]
(1) 
The override of a veto of the Mayor;
(2) 
The exercise of advice and consent to actions of the Mayor;
(3) 
The conduct of a legislative inquiry or investigation;
(4) 
The expression of disapproval of the removal by the Mayor of officers or employees;
(5) 
The removal of any municipal officer for cause;
(6) 
The adoption of rules for the Council;
(7) 
The establishment of times and places for Council meetings;
(8) 
The establishment of the Council as a committee of the whole or the delegation of two of its members to standing committees or to a special committee, for a specific purpose as an ad hoc committee;
(9) 
The declaration of emergencies respecting the passage of ordinances;
(10) 
The election, appointment, setting of salaries and removal of officers and employees of council, subject to any pertinent contractual obligations, and within the general limits of the municipal budget;
(11) 
Designation of official newspapers;
(12) 
Approval of contracts presented by the Mayor;
(13) 
Actions specified as resolutions in the Local Budget Law (N.J.S.A. 40A:4-1 et seq.) and the Local Fiscal Affairs Law (N.J.S.A. 40A:5-1 et seq.);
(14) 
The expression of Council policies or opinions which require no formal action by the Mayor.
(15) 
Appointment of members of any board, authority or commission only when clearly required by either specific terms of the general law or appointment by resolution; otherwise, appointment vests with the Mayor with advice and consent of Council. (N.J.S.A. 40:69A-43)
(16) 
Establishment by ordinance of departments as allowed by law.
C. 
Other powers. The Council, in addition to such other powers and duties as may be conferred upon it by the Charter or Code or otherwise by general law:
(1) 
May remove any City officer in its discretion to prepare and submit sworn statements regarding his official duties in the performance thereof, and otherwise to investigate the conduct of any department, office or agency of the City government. (N.J.S.A. 40:69A-37)
(2) 
May remove, by at least two-thirds-vote of the whole number of the Council, any municipal officer, other than the Mayor or a member of Council, for cause, upon notice and an opportunity to be heard. (N.J.S.A. 40:69A-37)
(3) 
Shall act in all matters as a body, unless otherwise specifically provided by the Charter.
(4) 
Shall deal with administrative services and employees solely through the Mayor or the Mayor's designee, except as otherwise provided by law or the Charter, and shall not give orders to any subordinates of the Mayor, either publicly or privately.
(5) 
May appoint committees or commissions of its own members or of citizens to conduct investigations into the conduct of any officer or department, or any matter relating to the welfare of the City and delegating to such committees or commission such powers of inquiry as the City Council may deem necessary.
(6) 
May make a written request to the Mayor and require a report on any aspect of the government of the City. An individual Council member may make a written request. (N.J.S.A. 40:69A-37.1)
(7) 
May, by a majority vote of the whole number if its members, require the Mayor or Mayor's designee to appear before Council sitting as a committee of the whole, and to bring before the Council those records and reports, and officials and employees of the City as the Council may determine necessary to ensure clarification of the matter under study. (N.J.S.A. 40:69A-37.1)
(8) 
May, by a majority vote of the whole number of its members, designate any number of its members as an ad hoc committee to consult with the Mayor or the Mayor's designee to study any matter and to report to the Council thereon. (N.J.S.A. 40:69A-37.1)
D. 
Financial control.
(1) 
The Council shall exercise financial control as set forth and in accordance with the Local Budget Law, N.J.S.A. 40A:4-1 et seq. and the Local Fiscal Affairs Law, N.J.S.A. 40A:5-1 et seq. [Note: Said exercise to include the employment by Council of a registered municipal accountant to prepare the City's annual audit of its books, accounts and financial transactions (N.J.S.A. 40A:5-4) and the adoption of a cash management plan with deposits of the City's funds pursuant to that Plan. N.J.S.A. 40A:5-14] The Council shall, by resolution, annually act on the budget as required by law, after it has been submitted by the Mayor.
(2) 
The Council shall approve or disprove all bills, claims or vouchers which shall be recorded in the minutes of the Council meetings by attaching to said minutes a list of all bills, claims or vouchers approved at each meeting, as well as the vote of each Council member on the motion to approve. Bills, claims or vouchers may be approved in a group or groups. Council members may vote on bills, claims or vouchers in which they have a direct financial interest, such as the fixing of wages, salaries or compensation, to extent allowed by law. (N.J.S.A. 40A:9-165)
E. 
Organization of Council.
(1) 
President of Council. At its annual reorganization meeting, the Council will elect a President of the City Council from among its members. In the absence of the President, the Council may elect a President pro tempore. The President of the Council shall:
(a) 
Preside at all meetings of the Council;
(b) 
Appoint members of standing committees;
(c) 
Appoint members to such special committees of the Council as may be authorized by motion or resolution;
(d) 
State the questions and announce the result on all matters on which the Council may vote;
(e) 
Rule on all questions or order subject to approval by the Council;
(f) 
Sign all ordinances and resolutions adopted in the President's presence, and in the President's absence the President pro tempore shall sign ordinances and resolutions adopted in the President pro tempore's presence;
(g) 
Have other such functions, powers and duties as the Council may prescribe.
(2) 
Clerk of the Council. The Council shall appoint a Municipal Clerk for the term prescribed by law and an Assistant Municipal Clerk. The Municipal Clerk shall serve as Clerk of the Council and have such other functions, powers and duties as are provided by § 3-12 of this chapter. In the absence of the Clerk or the Assistant Municipal Clerk, the President shall appoint a Clerk pro tempore.
[Amended 9-19-2017 by Ord. No. 17-20]
(3) 
Committees. Council shall have the following standing committees: Finance, Public Safety and Personnel. The Council may also act as committee of the whole, and rules of Council shall govern the meetings of the committee of the whole, By motion or resolution, special committees may be established for a specific purpose including an ad hoc committee to consult with the Mayor or the Mayor's designee or department heads to study any matter and report to the Council thereon.
F. 
Meetings of Council. Regular, special meetings or emergency meetings shall be open to the public and shall be held at such times as are provided by the Charter and the Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.). The Mayor may attend meetings of Council and may take part in discussions of Council, but shall have no vote, unless otherwise provided by law (N.J.S.A. 40:69A-41) Within seven days of its annual reorganization, Council shall establish, post and maintain a schedule of meetings to be held during the year (N.J.S.A. 10:4-18).
(1) 
Annual reorganization meetings. The Council shall meet annually to reorganize on the first Tuesday following January 1, except in the years in which municipal officers are elected at a regular municipal election when it shall meet to reorganize on January 1.
[Amended 6-19-2012 by Ord. No. 11-26]
(2) 
Regular meetings. Subsequent to its annual meeting, Council shall meet regularly thereafter at a time fixed by resolution. When the time for any regular meeting of the Council falls on a legal holiday such meeting shall be held at the same hour on the preceding or next succeeding day which is not a legal holiday. The City Solicitor, Municipal Clerk, Business Administrator and any such other municipal officers and employees as may be required shall attend regular meetings of Council.
[Amended 9-19-2017 by Ord. No. 17-20]
(3) 
Special meetings. The Mayor or the President of the Council may at any time, and upon request of a majority of the Council members shall, call a special meeting of Council. The request and call for a special meeting shall specify the agenda for the meeting to the extent known and whether formal action may or may not be taken. The call for a special meeting shall be filed with the Clerk and served upon each Council member as hereinafter provided at least 48 hours prior to the time for which the meeting is called. Upon the filing of any call for a special meeting, the Clerk shall post the announcement in the public place reserved for such announcements and shall mail, telephone or hand deliver the notice to at least two newspapers, which newspapers shall have the greatest likelihood of informing the public within the City, one of which shall be the official newspaper,and the Clerk shall give notice by telephone or telefacsimile to each Council member, at such place as the member shall have previously designated for that purpose and shall also serve or cause to be served a written copy of the call upon each Council member by a delivery of a copy to the member personally or by the leaving of a copy in the member's usual place of abode. The Police Department shall cooperate with the Clerk in effectuating such service of notice.
(4) 
Emergency meetings. Notwithstanding its failure to provide adequate public notice, the Council may hold an emergency meeting upon the affirmative vote of 3/4 of the members present if:
(a) 
Such meeting is required in order to deal with matters of such emergency and importance that a delay for the purpose of providing adequate notice would be likely to result in substantial harm to the public interest; and
(b) 
The meeting is limited to discussion of, and acting with respect to, such matters of urgency and importance; and
(c) 
Notice of such meeting is provided as soon as possible following the calling of such meeting by posting written notice of the same in the public place reserved for such announcements and also notifying the two newspapers most likely to affect notice within the City, including the official newspaper, by telephoning or by delivering a written notice to said newspapers; and
(d) 
Either the City Council could not reasonably have foreseen the need for such a meeting at a time when adequate notice could have been provided; or although City Council could reasonably have foreseen the need for such a meeting at a time when adequate notice could have been provided, it nevertheless failed to do so.
(5) 
Meetings and conferences. The Council may meet in informal conference for such purpose as may be deemed appropriate, including preparing for meetings, studying matters before it and consulting with professional advisers. Such informal conferences shall be designated "work sessions" and shall be open to the public. The work session will not include public participation or a public portion, unless Council permits. The Council reserves the right to take formal action at work sessions. Work sessions shall be scheduled by resolution.
(6) 
Place of meetings. All regular or special meetings shall be held in the Council Chambers in the City of Bridgeton Police and Municipal Court Complex, except when, in the opinion of a majority of the Council, it is desirable to meet at some other location of public nature. Work sessions shall be held in the caucus room in the City of Bridgeton Police and Municipal Court Complex.
[Amended 4-9-2013 by Ord. No. 12-38]
(7) 
Open Public Meetings Act.
(a) 
All meetings and notices shall be governed and subject to the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.
(b) 
Where it is anticipated that a meeting on a given subject will not be concluded in the time allotted and might be resumed, the advance notice should explicitly recognize the possibility of such a postponement.
(8) 
Closed or executive session.
(a) 
Council may close a portion of its meetings to the public for purposes as set forth in the Open Public Meetings Act (N.J.S.A. 10:4-12) and only upon adoption of a resolution at a meeting to which the public was admitted, said resolution stating the general nature of the subject to be discussed; and stating as precisely as possible, the time when and circumstances under which the discussion conducted in closed session can be disclosed to the public. (N.J.S.A. 10:4-13)
(b) 
Minutes of closed sessions shall be approved in open sessions of Council within one month of the closed session; however, the release of the minutes to the public shall only occur after review by the City Solicitor and when there is no further need for confidentiality.
(9) 
Agenda.
(a) 
The agenda for each meeting shall be prepared by the Clerk, under the direction of the President of Council.
(b) 
Except for emergency matters, the agenda for each regular meeting of the Council shall include only such matters of Council business as have been presented or delivered to the Clerk by the Mayor, a department head with the approval of the Mayor, Council members, Business Administrator or City Solicitor not later than 12:00 noon on the Friday preceding the meeting.
(c) 
As soon as the agenda has been prepared, the Clerk shall deliver a copy to each Council member, the Mayor, Business Administrator, City Solicitor, department heads and newspapers.
(d) 
Emergency matters, including the request for a closed session, may be added to the agenda at any time, with the approval of the President of Council.[1]
[1]
Editor's Note: Original Section 2-4.7, Rules of Procedure, which immediately followed this section, was repealed 10-6-2003 by Ord. No. 03-5. See § 3-4B(6) of this chapter.
G. 
Nominations and appointments.
(1) 
Nominations submitted by the Mayor shall be considered by the Council at its next regular meeting. Any member of the Council may move a nomination. Confirmation or rejection of said nomination shall not be postponed or delayed beyond one regular meeting. Within two days after confirmation or rejection of said nomination, the Clerk shall serve written notice to the office of the Mayor.
(2) 
With respect to appointments to be made by the Council, any member of the Council may nominate as many candidates as there are offices to be filled. Where there is a single office to be filled, the nominee on receiving a majority shall be deemed appointed such as on a board, commission or authority; the same procedure shall be followed with respect to each office separately until the total number of appointments to be made has been completed. In the discretion of the Chair a group of nominations may be considered at once when there is no apparent division in the Council as to the nominees included in the group.
H. 
Filing of reports and resolutions. All reports to Council and all resolutions, ordinances, petitions, correspondence and other papers considered by or presented to Council shall be filed with the Clerk.
I. 
Vacancies. Should a vacancy occur in the position of a member of City Council, it shall be filled in accordance with state law. (State Municipal Vacancy Law, N.J.S.A. 40A:16-1 et seq.)
J. 
Hearings. In any matter in which a hearing is permitted or allowed before the City Council of the City of Bridgeton, with the exception of disciplinary hearings regarding employment, disciplinary matters with respect to liquor licenses or license renewals, such hearing may be delegated to a hearing officer to be selected on motion by the City Council of the City of Bridgeton. Designated hearing officers may include, but not in limitation, where allowed, the Mayor or Business Administrator, or a department head may be designated. In the alternative, Council may designate a retired judge or an attorney licensed to practice law within the State of New Jersey. The hearing officer shall present a report and recommendation to City Council, which may adopt and confirm said report and recommendation as its determination and findings, or, in the alternative, Council may reject any such report and recommendation and conduct a hearing de novo. Council shall consider the report and recommendation, together with any written submissions by the City and any other interested party, in making its determination to adopt or reject a report and recommendation from a hearing officer.
[Added 2-6-2008 by Ord. No. 07-26]