A.
The City Manager shall be chosen by the Council solely
on the basis of his or her executive and administrative qualifications,
with special reference to his or her actual experience in or his or
her knowledge of accepted practice in respect to the duties of his
or her office as hereinafter set forth.
B.
At the time of his or her appointment, he or she need
not be a resident of the City of Brigantine or the State of New Jersey,
but during his or her tenure of office, he or she may reside outside
the City only with the approval of Council.
C.
The City Council shall determine the procedure for
selection of the Manager. Nominations for permanent Manager shall
not be received on the floor until the procedure established by Council
for the search for the Manager has been followed.
D.
Vacancy. The City Council may appoint an Acting City Manager, by
resolution, for a specific term.
[Amended 3-7-2018 by Ord.
No. 5-2018]
The City Manager shall hold office for an indefinite
term and may be removed by a majority vote of the Council. At least
30 days before such removal shall become effective, the Council shall,
by a majority vote of its members, adopt a preliminary resolution
stating the reasons for his or her removal. The Manager may reply,
in writing, and may request a public hearing, which shall be held
not earlier than 20 days nor later than 30 days after the filing of
such request. After such public hearing and after full consideration,
the Council, by majority vote of its members, may adopt a final resolution
of removal. By the preliminary resolution, the Council may suspend
the Manager from duty, but in any case cause to be paid to him or
her forthwith any unpaid balance of his or her salary for the next
three calendar months following adoption of the preliminary resolution,
unless he or she is removed for good cause. For the purposes of this
section, "good cause" shall mean conviction of a crime or offense
involving moral turpitude, the violation of the provisions of N.J.S.A.
40:69A-163 through 40:69A-167 or the violation of any Code of Ethics
in effect within the City.[1]
The Manager may designate a qualified administrative
officer of the City to perform his or her duties during his or her
temporary absence or disability. In the event of his or her failure
to make such designation, the Council may by resolution appoint an
officer of the City to perform the duties of the manager during such
absence or disability until he or she shall return or his or her disability
shall cease.
A.
The City Manager shall:
(1)
Be the chief executive and administrative official
of the City.
(2)
Execute all laws and ordinances of the City, along
with members of the governing body, as attested by the Clerk.
(3)
Appoint and remove a Deputy Manager, if one is authorized
by the Council, all department heads and all other officers, subordinates
and assistants, except those appointments reserved to the Council
by the Optional Municipal Charters Law,[1] and except a City Tax Assessor, for whose selection or
removal no other method is provided in this article, except that he
or she may authorize the head of a department to appoint and remove
subordinates in such department; supervise and control his or her
appointees; and report all appointments or removals at the next meeting
thereafter of the City Council.
[1]
Editor's Note: See N.J.S.A. 40:69A-1 et seq.
(4)
Negotiate contracts for the City, subject to the approval
of the City Council; make recommendations concerning the nature and
location of City improvements; and execute City improvements as determined
by the City Council.
(5)
See that all terms and conditions imposed in favor
of the City or its inhabitants in any statute, public utility franchise
or other contract are faithfully kept and performed; and, upon knowledge
of any violation, call the same to the attention of the City Council.
(6)
Attend all meetings of the City Council with the right
to take part in the discussions but without the right to vote.
(7)
Recommend to the City Council for adoption such measures
as he or she may deem necessary or expedient; keep the Council advised
of the financial condition of the City; make reports to the Council
as requested by it; and at least once a year make an annual report
of his or her work for the benefit of the Council and the public.
(8)
Investigate at any time the affairs of any officer
or department of the City.
(9)
Perform such other duties as may be required of the
City Manager by ordinance or resolution of the City Council.
(10)
Be responsible to the Council for carrying out all
policies established by it and for the proper administration of all
affairs of the City within the jurisdiction of the Council.
(11)
Supervise and administer the Departments of Police, Fire and Emergency
Medical Services, the Beach Patrol, the Ordinance Enforcement Department
and the Uniform Construction Code Enforcement Office.
[Added 9-2-2015 by Ord.
No. 14-2015]
B.
In carrying out the policies established by the Council
as provided in the previous section, the Manager shall diligently
and timely render reports to the Council or to individual members
of the Council, as required, on the progress of investigation into
or implementation of those matters referred by the Council or individual
members for the Manager's attention.
[Amended 12-28-1992 by Ord. No. 28-1992]
A.
The City budget shall be prepared by the City Manager.
During the month of November in each year, the City Manager shall
require all department heads to submit requests for appropriations
for the ensuing budget year and to appear before him or her at public
hearings, which shall be held during that month, on the various requests.
B.
On or before the 15th day of January, the City Manager
shall submit to the Council his or her recommended budget, together
with such explanatory comment or statement as he or she may deem desirable.
The budget shall be in such form as is required by law for city budgets
and shall, in addition, have appended thereto detailed analyses of
the various items of expenditure and revenue.
C.
The Council shall, where practicable, provide by ordinance
for the operation of a system of work programs and quarterly allotments
for operation of the budget and for development and reporting of appropriate
unit costs of budgeted expenditures. The Manager shall append the
proposed annual Salary Ordinance[1] to the submission of the annual budget in accordance with
this section. The proposed annual Salary Ordinance shall state the
identity of each position proposed to be funded by the budget, along
with the annual salary and increments thereof, and any amendments
proposed to the then-existing Benefit Ordinance or Code provisions,
as the case may be.
D.
Notwithstanding the provisions of this code (N.J.S.A.
40:69A-97), in any local budget year for which budget dates are extended
pursuant to N.J.S.A. 40A:4-5.1, the Municipal Manager of the City
which takes advantage of such extension shall submit to the Council
his recommended budget not less than 16 days prior to the extended
date for the introduction and approval of municipal budgets. Any provision
of general law conferring the appointing power or other power upon
the Mayor or other executive head of the City shall be construed as
meaning the City Manager in a city governed under this chapter, and
the appointments or the power exercised by the City Manager in accordance
with such provision shall be classified and given the same force and
effect as if executed by the official named therein, except that members
of the Board of Education and the Trustees of the public library,
whenever required to be appointed by any such provision by any board
or official of the City, shall be appointed under this chapter by
the Mayor, and except that the Mayor shall serve as the fifth member
of the Board of School Estimate pursuant to N.J.S.A. 18A:22-1.
No position of employment within the City, other
than those set forth within the annual Salary and Position Ordinance,
as such may be amended from time to time by the City Council, shall
be offered or let by the City Manager, and then only under such conditions
of employment as are set by that ordinance and this chapter.
[Amended 12-17-2003 by Ord. No. 23-2003]
The Deputy City Manager shall have such duties
and responsibilities as are authorized to the Manager and which are
assigned by the Manager, and the Deputy City Manager shall temporarily
serve as the City Manager in the absence of the City Manager, except
that there shall be no automatic succession of the Deputy City Manager
to the position of City Manager without selection as the City Manager
by the City Council.
