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Township of Middletown, NJ
Monmouth County
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Table of Contents
Table of Contents
Code
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A Department officer, as defined in Article II of this chapter, shall become liable for removal for any of the following reasons:
A. 
Conviction of: fraud.
B. 
Conviction of: a felony.
C. 
Conviction of: nonperformance of duty.
D. 
Conviction of: arson.
E. 
Physical or mental disability which affects performance of duty.
A. 
A Department officer may be removed only by the electorate that elected him to that office and only by a 2/3 vote of said electorate.
B. 
Removal is an administrative procedure.
C. 
Any company of the Department may request removal of a Department officer. It shall do so by notifying the Secretary of the Department, in writing, of its request and by setting forth therein the reasons for said request. Within five business days of the receipt of said request, the President of the Department shall assemble a panel as constituted in accordance with § 41-28 of this chapter. Said panel will meet within the next succeeding five business days and shall assess the validity of the reasons for the request for removal and whether the stated reasons are sufficient to continue with the procedure for removal. Should the panel determine that the reasons for the requested removal are invalid or insufficient, it shall direct the Department Secretary to so notify the requesting company, in writing, within five business days thereafter. Upon such notification the matter shall be terminated.
D. 
If any officer designated to be a member of the above-referred panel shall himself be a subject of the request for removal, then the next succeeding Department officer or Department delegate, as appropriate, shall be designated to replace the subject individual as a panel member.
E. 
If the panel should decide that there appear to be sufficient grounds stated and that said grounds appear to be valid, it shall direct the Department Secretary to notify each company, in writing, of the reasons and grounds originally stated in the request for removal and a complete transcript of the minutes of the meeting wherein it reached its decision. Such shall be done within 10 business days of the panel meeting. Within 15 business days thereafter the following shall occur:
(1) 
In the case of a Department line officer:
(a) 
The Chief shall hold a special recall election at a time and place, within the Department, determined by himself and in accordance with this section. Eligibility to vote in said recall election shall be as prescribed in § 41-8A(2) of this chapter.
(b) 
The recall election shall be officiated in the manner prescribed in § 41-8A(1) of this chapter.
(2) 
In the case of a Department administrative officer, the President of the Department shall hold a special recall election at a time and place, within the Department, determined by himself and in accordance with this section. Those qualified to vote shall be eligible to vote their alternates, as shall have been named and so designated to the Department Secretary at least one day prior to the original request for recall.
F. 
A 2/3 majority of the votes cast shall be necessary to effect recall. Abstentions or defaced ballots shall not be considered as having been cast in this election. Fractional requirements shall be rounded to the next highest requirement.