Contracts

12-March-2014

   Bogota Blog NJ has received the following letter from Bogota Mayor Tito Jackson  in regards to the the resolution passed by the Council  on Thursday 6- March-2014. That resolution # 14-82 B was passed by a 4-2 vote and gave the Council President the authority to sign contracts on behave of the Borough to hire professional to work for the Borough of Bogota. In the past Mayor Jackson , as Council President, had lead meeting, on behave of the Borough when the sitting Mayor was unable to do so. Mayor Jackson states that he has not signed a contract as Council President, and has not found any contract in the Borough's files
  The unedited version of Mayor Jackson correspondence is as follows:

The action that Councilmen Nunez, Burdiez, Keleman & Mitchell of the borough council took by passing resolution 14-82B on Thursday March 6, 2014 is in clear violation of the administrative code Chapter II. Under the powers of the Mayor which I have included below as it clearly defines who can sign contracts under our form of government. 

By way of this email, I am enforcing the ordinance that is defined in the Borough Code Book and all contracts not signed by the Mayor are deemed invalid. 

With regards to Mr. Bern's Contract,  Mr. Bern publicly stated that he would be paid the same amount as our previous attorneys which was a rate of $110.00 per hour.  As I pointed out at this past meeting his contract was presented to me on Tuesday March 4, 2014 with a rate of $150.00 per hour.  As this was not discussed at any meeting of the governing body, therefore I refused to sign the contract.

With regards to Mr. Benecke's Contract, I have refused to sign that as well as there are many problems regarding the creating of an emergency position for which no one has told me what the job description or responsibilities will be.  The emergency also does not fit the definition of an emergent need as to the safety and welfare of the borough and its taxpayers.

Under the borough ordinance as cited below, no one is authorized to sign a contract except the mayor.  I have also included the council president's duties as currently listed. 

A resolution does not give the council to override the laws set forth by ordinance.

Mr. Benecke will not be given access to borough hall at this time and by way of this email I am instructing the staff and if necessary the police to escort Mr. Benecke into the public areas of borough hall .  Any unauthorized personnel in areas not open to the public will be asked to leave.

As of this email I have left numerous messages for Borough Attorney Douglas Bern and I am still awaiting a return call.

2-4    POWERS AND DUTIES OF THE MAYOR.

The mayor shall preside over all meetings of the council but shall not vote except to give the deciding vote in case of a tie. Except as otherwise provided by statute or specific ordinance, the mayor shall nominate and, with the advice and consent of the council, appoint all officers in the borough, and the chairman and members of all standing committees. No appointments requiring council confirmation shall be made except by a majority vote of the council members present at the meeting, provided that at least three (3) affirmative votes shall be required for such purpose, the mayor to have no vote thereon except in the case of a tie. Vacancies in appointive offices shall be filled by appointment in the same manner for the unexpired term only. The mayor shall make such nomination to fill a vacancy within thirty (30) days after the appointive office becomes vacant. If the mayor fails to nominate within thirty (30) days or the council fails to confirm any nomination made by the mayor, then, after the expiration of thirty (30) days, the council shall appoint the officer. (New)

  The mayor shall see that the laws of the State and the ordinances of the borough are faithfully executed, and shall recommend to the council such measures as he may deem necessary or expedient for the welfare of the borough. He shall maintain peace and good order and have the power to suppress all riots and tumultuous assemblies in the borough.

            The mayor shall supervise the conduct and acts of all offices in the borough and shall execute all contracts made on behalf of the council. (New)

2-5    PRESIDENT OF THE COUNCIL.

            At the organizational meeting the council by a majority vote shall elect from their number a president of the council, who shall preside at all of its meetings when the mayor does not preside. The president of the council shall hold office for one (1) year and until the next annual meeting. He shall have the right to debate the vote on all questions before the council. If the council at its annual meeting fails to elect a president, the mayor shall appoint the president from the council and in that case no confirmation by the council shall be necessary. If the mayor is absent from the borough for a period of three (3) consecutive days or for any reason is unable to act, the president of the council shall perform all the duties of the mayor during his absence or inability. The mayor, in case of his intended absence from the borough for more than three (3) days at any one time, shall notify the president in writing of such intended absence, whereupon the president shall be and become acting mayor from the receipt of such notice and continue to act until the mayor’s return. In case of the temporary inability of the president to so act, the council member having the longest term of service as such may act temporarily for the president. (New)

Mr. Bern is the current Borough  Attorney replacing former Attorney Joseph Monaghan this year. Mr Benecke of Benecke Economics  was appointed by the Council to look at the Borough's finances.