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Township of Middletown, NJ
Monmouth County
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Table of Contents
Table of Contents
There shall be the following administrative departments, among and within which all administrative functions, powers and duties of the Township government shall be allocated and assigned, except as otherwise provided by the Charter or code:
A. 
Department of Finance.
B. 
Department of Public Works, Parks, and Engineering.
C. 
Department of Public Safety.
D. 
Department of Planning and Development.
E. 
Department of Recreation.
[Amended 11-15-2004 by Ord. No. 2004-2784]
F. 
Department of Health, Welfare and Inspections.
G. 
Department of Information Systems.
[Added 9-8-1987 by Ord. No. 1985]
A. 
Appointment. Each department director shall be appointed and may be removed by the Administrator, subject to the approval of the Committee. Each Department Director shall be qualified for the duties of his office by training or prior experience in his field.
B. 
Dual appointments. The Administrator may, with the approval of the Committee, serve as head of one or more departments. The same person may serve as director of two or more departments; a department director may also be appointed to serve as a division head within his department, and a division head may be appointed as department director.
C. 
Powers and duties generally. Subject to the direction and supervision of the Township Administrator, each department director shall:
(1) 
Organize, direct and supervise the work of his department.
(2) 
Appoint subordinate officers and employees within his department and remove any such officers and employees, subject to the provisions of the Revised Statutes, Title 11, Civil Service.
(3) 
Prepare and submit such annual and other reports as may be authorized or required by the Township Administrator.
(4) 
Review and approve bills and claims against the Township for things or services delivered to his department.
(5) 
Administer his department in accordance with such standards and procedures, and account therefor, as may be approved or required by the Township Administrator.
The Administrator may, in his discretion, allocate, assign or delegate functions or powers to a department director for more efficient administration of the Township government, provided that any such delegation, allocation or assignment shall not relieve the Administrator of any of his responsibilities under the Charter or code, nor shall it be inconsistent with any express requirement of the Charter or code.
In the event of the temporary absence or disability of any officer or employee or in the event of a vacancy in any office, the Administrator may appoint a qualified person to serve in such office temporarily in an acting capacity, and any such person shall have all the functions, powers and duties of an incumbent until such absence for disability terminates or such vacancy is filled by permanent appointment.
[Amended 9-21-2009 by Ord. No. 2009-2987; 1-17-2023 by Ord. No. 2023-3365]
A. 
Appointment. The Township Attorney shall be an individual appointed annually to serve as the Township's Municipal Attorney and designated legal officer pursuant to N.J.S.A. 40A:9-139.
B. 
Compensation. The Township Attorney shall be compensated pursuant to an annually negotiated contract entered between the Township Attorney and/or their law firm and the Township.
C. 
Duties. The scope of the Township Attorney's services shall include, but not necessarily be limited to:
(1) 
Provide general counsel to the Township Committee, Administrator and departments, except where alternate counsel is required by law or court rules.
(2) 
Approve all resolutions, ordinances and instruments as to form and defensibility before introduction and approval.
(3) 
Draft resolutions, ordinances and instruments.
(4) 
Attend regular, workshop and special meetings of the Township Committee and give opinions on general questions of law that may arise at such meetings.
(5) 
Provide management, recommendations and support in relation to litigation, trials, appeals and administrative proceedings to which the Township, its officers or employees may be a party to that are assigned to special counsel pursuant to resolution for the provision of professional legal services above and beyond the duties of the appointed Township Attorney as prescribed herein.
(6) 
Maintain records of all actions, suits, proceedings and matters which relate to the Township's interest and report thereon from time to time as the Township Administrator or Township Committee may require.
(7) 
Have power to enter into any agreement, compromise or settlement of any litigation in which the Township is involved, subject to the approval of the Township Committee.
(8) 
Upon termination of service with the Township, forthwith surrender to the designated successor or Township Administrator all Township property, papers and records, together with a written consent to substitute the Township Attorney or special counsel, as applicable, in any pending actions or proceedings.
(9) 
Special counsel. Whenever deemed to be in the interests of the Township, the Township Attorney, with the approval of the Township Committee, may appoint special counsel to assist in the preparation, trial or argument of any issue or proceeding, or in such other capacity as may be needed. If the Township Attorney should be disqualified with respect to any matter, the Township Committee may appoint special counsel to represent the Township for and with respect to such matter.
The Township Committee shall appoint a Township Prosecutor.