[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.