Chapter 2 Administrative Offices

The Township Administrator shall be chosen by the Township Committee on the basis of his executive, administrative and technical qualifications, with special reference to education, training and experience in local government.

Duties and responsibilities.

The Township Administrator shall be the chief administrative officer of the Township and shall be responsible to the Township Committee for the proper and efficient administration of the business affairs of the Township and shall have such powers and perform such duties other than those required by law to be exercised by the Township Committee or by another officer, board, body, or department of the Township.

The Township Administrator shall supervise and direct the administration of all departments, officers, employees and agents of the Township, and shall issue any regulations or directives necessary to that end unless otherwise provided by law.

The Township Administrator or designee shall serve as the personnel officer of the Township and shall be responsible for the conduct of interviews with all prospective applicants for either employment or promotion and shall make recommendations to be acted upon by the Township Committee with regard to appointments and promotions. The Township Administrator shall exercise all appropriate authority of the Township when dealing with personnel matters, including disciplinary actions with reference to Township employees.

The Township Administrator or designee shall be responsible for the preparation of the payroll.

Additional responsibilities. The Township Administrator shall have the following further responsibilities:

Direct the finances, the preparation of the budget and the compilation and analysis of budget costs and estimates. After the adoption of the budget, the Township Administrator or designee shall be responsible for the administration and implementation of all programs contained therein.

Attend all executive, special and regular meetings of the Township Committee.

Prepare agenda for and arrange meetings of the Township Committee, implement actions of the Mayor and Township Committee by correspondence, review of minutes, personal conferences and administrative directions.

Study the governmental and administrative operations and needs of the Township government as he may deem appropriate and prepare and recommend to the Township Committee the necessary and desirable plans and programs with respect thereto.

Perform such other duties as may be specifically assigned by resolution or ordinance by the Mayor and members of the Township Committee.

Infringement. The duties and responsibilities of the Township Administrator shall be such that they shall not infringe upon such duties and responsibilities as are assigned by law to other Township officials.

§ 2-2 Township Auditor.

There is hereby created and established in the Township the position of Township auditor pursuant to the provisions of this section and the provisions of N.J.S.A. 40A:9-9 and 40A:5-4.

Term. The Township auditor shall be appointed by the Township Committee for a term of one year from January 1 in the year of his appointment until his successor has been appointed and has qualified.

Qualifications. The person to be appointed to the position of Township auditor shall hold a license as a registered municipal accountant of the State of New Jersey.

Functions and duties. The Township auditor shall make the annual audit and shall have the powers and perform the duties prescribed by law and the rules and regulations of the Division of Local Finance in the Department of Community Affairs of the State of New Jersey. He shall also perform such duties and render such services as may from time to time be requested of him by the Township Administrator, the Chief Financial Officer or the Township Committee.

Compensation. For the performance of the services prescribed herein, the Township auditor shall be paid such fees as are deemed reasonable and proper by the Township Committee for services actually rendered and set forth in vouchers properly executed and furnished to the Township Clerk.

§ 2-3 Township Attorney.

There is hereby created and established in the Township the position of Township Attorney pursuant to the provisions of this ordinance and the provisions of N.J.S.A 40A:9-139 and 40A:63-6.

Term. The Township Attorney shall be appointed by the Township Committee for a term of one year from January 1 in the year of his appointment until his successor has been appointed and has qualified.

Qualifications. The person to be appointed to the position of Township Attorney shall have been duly admitted to the practice of law in the State of New Jersey, and must be a member in good standing of the Bar of the State of New Jersey at the time of his appointment and during the term of his office.

Functions and duties. The Township Attorney shall:

Serve as legal advisor to the Township Committee, Township Administrator, Board of Health, Water and Sewer Utility, and the various departments of the Township.

Attend meetings of the Township Committee including regular, special and executive meetings as requested by the Township Committee.

Examine and approve as to form and sufficiency all performance bonds, insurance certificates and maintenance bonds submitted by the contractors as required by the Township and its ordinances.

Draft or approve as to form and sufficiency all resolutions and ordinances as requested by the Township Committee.

Prepare, review and approve all contracts, deeds, documents and instruments prior to execution thereof by or on behalf of the Township.

(6)

Represent the Township and its officers and employees in all litigation wherein the Township is named a party defendant or the officers or employees are named parties defendant as the result of performing their duties as officers or employees of the Township, with the exception of litigation wherein the Township or its officers or employees are named defendants and the defense of the action is the obligation of an insurance company under a policy wherein the Township is designated an insured.

(7)

Prosecute and defend such other actions and proceedings instituted by or against the Township as directed by the Township Committee.

(8)

Conduct appeals from orders, decisions or judgments affecting any interest of the Township as directed by the Township Committee.

(9)

With the approval of the Township Committee, compromise, settle or adjust any rights, claims, demands or causes of action in favor of or against the Township when authorized by the Township Committee.

(10)

Represent the Township in matters in the Municipal Court involving violations of the land use ordinances of the Township and such other ordinance violations as may be directed by the Township Administrator or Township Committee.

(11)

Have such other different functions, powers and duties as may be provided by law or be from time to time conferred upon him by the Township Committee.

Compensation. For attendance and services performed at all regular meetings of the Township Committee, the Township Attorney shall receive the salary provided for in the Annual Salary Ordinance. For all other services, the Township Attorney shall be paid such additional fees as set forth in an agreement for legal services which shall be executed annually. Payment for all such services as actually rendered shall be made on the basis of vouchers properly executed and furnished to the Township Administrator.

Special counsel. If the Township Attorney by reason of disability, personal disqualification or for any other reason advises that he will be unable to represent the Township on a specific matter, the Township Committee may, within the limits of the budgetary appropriations and amendments thereto, appoint special counsel to represent the Township with respect to the matter.

§ 2-4 Township Engineer.

There is hereby created and established in the Township the position of Township Engineer pursuant to the provisions of this ordinance and the provisions of N.J.S.A. 40A:9-140 and 40A:63-6.

Term. The Township Engineer shall be appointed by the Township Committee for a term not exceeding three years from January 1 in the year of his appointment until his successor has been appointed and has qualified.

Qualifications. The person to be appointed to the position of Township Engineer shall be a duly qualified professional engineer who has been licensed by the State Board of Professional Engineers and Land Surveyors.

Functions and duties. The Township Engineer shall, from time to time, provide the following services, as directed by the Township Administrator or the Director of Engineering and Planning:

[Amended 12-110-2003 by Ord. No. 39-2003]

Prepare, review and approve specifications for municipal work contracts, supervise and inspect the execution of such contracts and certify satisfactory completion of work with reference to authorized progress payments pursuant to the contract.

Provide engineering services to the various departments, boards and agencies of the Township.

Attend meetings of the Township Committee and other Township boards when directed to do so.

Prepare such special reports, surveys and drawings as may be authorized.

Make engineering inspections, prepare bond estimates, prepare and maintain current tax maps, conduct feasibility studies, make surveys and topographical maps, engage in design work and perform such other professional engineering functions as shall be referred to him.

Compensation. For the performance of the services described herein, the Township Engineer shall be paid such fees as may be deemed reasonable and proper by the Township Committee for the services actually rendered and set forth on vouchers properly executed and furnished to the Township Administrator.

Consulting engineers. Any provision contained herein to the contrary notwithstanding, the Township Committee may retain other licensed professional engineers for projects determined to be beyond the scope or capacity of the Township Engineer or where it shall be determined in the best interest of the Township to do so.

§ 2-5 Township Planner.

There is hereby created and established in the Township the position of Township Planner pursuant to the provisions of this ordinance and the provisions of N.J.S.A. 40:48-1 and 40A:9-9.

Term. The Township Planner shall be appointed by the Township Committee for a term of one year from January 1 in the year of his appointment until his successor has been appointed and has qualified.

Qualifications. The person to be appointed to the position of Township Planner shall be a duly qualified professional planner who has been licensed by the New Jersey Board of Professional Planners.

Functions and duties. The Township Planner shall:

Review all development applications and make recommendations in connection therewith as requested by the Planning Board or the Board of Adjustment.

Attend meetings of the Planning Board, the Board of Adjustment and the Township Committee as requested.

Prepare such land development reports as may be requested by the Planning Board or the Board of Adjustment.

Testify as a professional planning expert on behalf of the Township in litigated matters as requested.

Perform such other functions as may be directed by the Township Administrator or the Director of Engineering and Planning.

[Added 12-10-2003 by Ord. No. 39-2003]

Compensation. The Township Planner shall receive such compensation as shall be fixed by the General Salary Ordinance of the Township.

Consulting Planners. Any provision contained herein to the contrary notwithstanding, the Township Committee, the Planning Board and the Board of Adjustment may retain other licensed professional planners for projects determined to be beyond the scope or capacity of the Township Planner or where it shall be determined in the best interests of the Township to do so, subject only to the availability of funds therefor.

§ 2-6 Township Prosecutor.

There is hereby created and established in the Township the position of Township Prosecutor pursuant to the provisions of N.J.S.A. 40A:9-9.

Term. The Township Prosecutor shall be appointed by the Township Committee for a term of one year, from January 1 in the year of his appointment until his successor has been appointed and has qualified.

Qualifications. The person to be appointed to the position of Township Prosecutor shall have been duly admitted to the practice of law in the State of New Jersey, and must be a member in good standing of the Bar of the State of New Jersey at the time of his appointment and during the term of his office.

Functions and duties. The Township Prosecutor shall conduct prosecutions for crimes and offenses cognizable by the Municipal Court of the Township of Wall, except such crimes and offenses as it may be the duty of the County Prosecutor or the Attorney General of the State of New Jersey to prosecute, and except for violations of the Township Land Use Ordinances and other ordinance violations as may have been assigned to the Township Attorney to prosecute pursuant to § 2-3. The Township Prosecutor shall also handle all appeals from adverse decisions of the Municipal Court, when either required by law or authorized by the Township Committee or required by the rules of the Supreme Court of the State of New Jersey.

Compensation. For the performance of the services prescribed herein, the Township Prosecutor shall be paid such fees as may be deemed reasonable and proper by the Township Committee for services actually rendered and set forth on vouchers properly executed and fumrnished to the Township Administrator.

§ 2-7 Township Physician.

The office of Township Physician is hereby created. One or more Township Physicians shall be appointed for a term of one year, commencing as of January 1 of the year of his appointment.

The Township Physician shall perform such duties as may be assigned to him by the Township Administrator and in addition thereto he shall:

Conduct physical examination or examinations of every employee or prospective employee of the Township at such time as may be fixed by the department head, or by the Township Physician, including any referral to another physician, subject however to the approval by the Township Administrator; to report in writing the result of such examination to the respective department head, with a copy to the Township Administrator. The department head making such request shall inform the Township Physician of the duties involved to be performed by the particular employee.

To conduct one or more physical examinations of any employee who may be absent from duty by reason of illness or physical disability, upon the written request of the department head in whose department such employee is employed; to advise such department head in writing of the result of such examination or examinations with a copy to the Township Administrator.

To conduct a physical examination of any person in the custody of the Police Department upon the request of the police officer in charge or officer in charge of the station acting in the line of his duty; to report the result of such examination to the Chief of Police.

To testify in any proceeding on behalf of the Township in which the result of any physical examination by him may be material, either upon the request of the Township Committee, the Township Attorney, or upon the request of the Chief of Police, or his subordinate duly authorized by the Chief of Police to make such request.

The Township Physician shall be paid a reasonable fee for the services rendered by him upon the submission of a detailed voucher specifying the services performed.

§ 2-8 Temporary appointments.

Whenever any officer or employee of the Township is temporarily absent, disabled or disqualified, the Township Administrator may designate some person to act in place of any such officer or employee during his temporary absence, disability or disqualification.

§ 2-9 Code Enforcement Officer.

There is hereby created and established in the Township pursuant to N.J.S.A. 40A:9-9, the position of Code Enforcement Officer.

Term. The Code Enforcement Officer shall be appointed by the Township Committee and shall serve at the pleasure of the Township Committee.

Compensation. The Code Enforcement Officer shall receive such compensation as shall be fixed by the General Salary Ordinance of the Township.

Functions and duties.

The Code Enforcement Officer shall be responsible for the enforcement of the regulatory ordinances of the Township including, but not limited to land use and zoning,[1] and shall make such inspections of property and perform such investigations as may be necessary for the enforcement thereof. The Code Enforcement Officer shall be authorized to enter upon all property within the Township at reasonable hours and under reasonable conditions in order to perform such functions. The Code Enforcement Officer shall have the authority to issue a summons in the name of the Township for a violation of any ordinance pertaining to land use, zoning or other regulatory ordinances and shall testify on behalf of the Township in litigated matters as requested by the Township Administrator.

[1]

Editor's Note: See Ch. 140, Land Use and Development Regulations.

The Code Enforcement Officer shall annually conduct measurements and inspections of all premises licensed for the sale or consumption of alcoholic beverages within the Township and shall report his or her findings to the Township Administrator on or before May 15 for use in determining the permitted maximum occupancy of each such license premises.

The Code Enforcement Officer shall perform such additional duties and render such other services as may from time to time be assigned to him by ordinance or requested of him by the Township Committee, the Township Administrator, or the Township Land Use Officer.

§ 2-10 Chief Financial Officer.

There is hereby established in the Township the position of Chief Financial Officer pursuant to the provisions of this section and the provisions of N.J.S.A. 40A:9-140.1.

Term. The Chief Financial Officer shall be appointed by the Township Committee for a term of one year from January 1 in the year of his appointment until his successor has been appointed and has qualified.

Qualification. The person to be appointed to the position of Chief Financial Officer shall be a certified municipal finance officer.

Functions and duties. The Chief Financial Officer shall be:

The custodian of financial records of the Township.

Responsible for all accounting procedures.

Responsible for accounts payable.

§ 2-13 Director of Engineering and Planning.

Responsible for such other duties as are associated with the office and as are prescribed by the applicable statutes, regulations and ordinances.

Compensation. The Chief Financial Officer shall receive such compensation as shall be fixed by the General Salary Ordinance of the Township.

§ 2-11 Township Public Defender.

There is hereby created and established in the Township the position of Township Public Defender, pursuant to the provisions of P.L. 1997 c. 256 (N.J.S.A. 2B:24-1 et seq.).

Term. The Township Public Defender shall be appointed by the Township Committee for a term of one year, from January 1 in the year of his appointment until his successor has been appointed and has qualified.

Qualifications. The person to be appointed to the position of Township Public Defender shall have been duly admitted to the practice of law in the State of New Jersey, and must be a member in good standing of the Bar of the State of New Jersey at the time of his appointment and during the term of his office.

Functions and duties. It shall be the duty of the Township Public Defender to represent, except in the case of temporary unavailability or conflict of interest, any defendant charged with an offense in the Municipal Court who is an indigent municipal defendant entitled to representation, pursuant to P.L. 1997, c. 256 (N.J.S.A. 2B:24-1 et seq.), and any amendments or supplements thereto.

Compensation. For the performance of the services described herein, the Township Public Defender shall be paid such fees as may be deemed reasonable and proper by the Township Committee for services actually rendered, as set forth in an agreement to provide Public Defender services which shall be executed annually and as set forth on vouchers properly executed and furnished to the Township Administrator.

Application fee. Any person applying to the Municipal Court for representation by the Township Public Defender or other court appointed counsel shall pay an application fee of $200, subject to the provisions of P.L. 1997, c. 256 (N.J.S.A. 2B:24-1 et seq.), pertaining to court approved waivers of application fees; periodic payments thereof; and determination that the application fee does not exceed the amount necessary to pay the costs of the Township Public Defender or other court appointed counsel. All application fees collected shall be deposited by the Chief Financial Officer in a dedicated fund pursuant to the provisions of the aforesaid statute.

§ 2-12 Deputy Township Clerk.

There is hereby established in the Township the position of Deputy Township Clerk pursuant to the provisions of this section and the provisions of N.J.S.A. 40A:9-135.

Term. The Deputy Township Clerk shall be appointed by the Township Committee for a term of one year from January 1 in the year of the appointment until a successor has been appointed and qualified.

Functions and duties. The Deputy Township Clerk shall assist the Township Clerk in the performance of the Clerk's statutory duties. During the absence or disability of the Township Clerk, the Deputy Township Clerk shall have all the powers of the Township Clerk and shall perform the functions and duties of such office.

Compensation. The Deputy Township Clerk shall receive such compensation as shall be fixed by the General Salary Ordinance of the Township.

[Added 12-10-2003 by Ord. No. 39-2003]

There is hereby created and established in the Township the position of Director of Engineering and Planning pursuant to the provisions of this section and the provisions of N.J.S.A. 40:48-1 and 40A:9-9.

Term. The Director of Engineering and Planning shall be appointed by the Township Committee and shall serve at the pleasure of the Township Committee.

Qualifications. The person to be appointed to the position of Director of Engineering and Planning shall be a duly qualified professional engineer who has been licensed by the State Board of Professional Engineers and Land Surveyors or who holds a professional engineering license acceptable to the State of New Jersey. He shall have a broad knowledge of municipal engineering projects, Planning and Zoning Board procedures, as well as a background of progressively responsible engineering design and project management experience.

Functions and duties. The Director of Engineering and Planning shall:

Be responsible for coordination and oversight of all capital improvement projects to include roadway reconstruction and overlays, sanitary sewer, water distribution, parks and recreation projects and other projects assigned by the Township Administrator. Design projects will either be performed in-house or coordinated with outside consultants. When coordinated with outside consultants, the Director of Engineering and Planning shall determine the scope of work, construction budget and review consultants proposals and fees, specifications and bidding documents.

Coordinate all inspections within the Township. In-house or outside consultant construction observers shall report directly to the Director of Engineering and Planning on a daily basis. Inspections shall include capital improvement projects, residential/commercial developments, as-built and CO/grading inspections.

Coordinate the planning, land use and zoning offices board reviews with outside consultants and will attend meetings as necessary. The Director of Engineering and Planning may also perform, at his/her discretion, in-house reviews of minor site plans, minor subdivisions and conditionally exempt site plans.

The Director of Engineering and Planning will be responsible for code enforcement within the Township and shall serve as the Code Enforcement Officer.

§ 2-14 Purchasing Agent and Assistant Purchasing Agent.

Other typical duties shall include:

(a)

Making recommendations and preparing budgets for yearly capital improvement projects.

(b)

Assisting the Public Works Department with engineering of in-house projects.

(c)

Responding to homeowner complaints and concerns.

(d)

Performing review of all grading plans, as-built plans, street opening permits and coordinating inspections of same.

(e)

Preparing grant applications and/or coordinating same with outside consultants.

(f)

Maintaining records of all performance and maintenance bonds and coordinating scheduled bond inspections.

(g)

Such other duties that may be assigned from time to time by the Township Administrator.

Compensation. For the performance of the services described herein, the Director of Engineering and Planning shall receive such compensation as shall be fixed by the General Salary Ordinance of the Township.

[Added 7-23-2025 by Ord. No. 10-2025]

Position created; duties. There is hereby created in the Department of Finance the position of Purchasing Agent. The Purchasing Agent shall perform the following duties:

Pursuant to N.J.S.A. 40A:11-3 and N.J.S.A. 40A:11-9, the Purchasing Agent shall: (1) be responsible and accountable for the purchasing activity of the Township of Wall and (2) have the authority to prepare public advertising for bids and requests for proposals and to receive bids and proposals for the provision or performance of goods or services permitted by law on behalf of the Township of Wall. The Purchasing Agent shall also award contracts pursuant to New Jersey law in accordance with the regulations, forms and procedures promulgated by state regulatory agencies and conduct any activities as may be necessary or appropriate to the purchasing function of the Township of Wall.

Establish and develop accepted purchasing methods and records in accordance with prescribed laws, rules, regulations, standards, policies and procedures.

Review requisitions for operating and maintenance of equipment, materials and supplies.

Locate and investigate suitable reputable sources of supply.

Review specifications.

(6)

Assist with the review of submitted bids for content and, after thorough analysis, make recommendations for the acceptance or rejection of such bids.

(7)

May communicate directly with vendors by telephone or correspondence.

(8)

May handle complaints by taking proper remedial action.

(9)

May record the claims of vendors for materials and services.

(10)

Prepare periodic reports and statements.

(11)

Assist in the preparation of temporary and final appropriation budgets and appropriate transfers.

(12)

May confer with departmental representatives on the standardization of supplies used and the need for specialized equipment.

(13)

Establish and maintain the needed records and files.

(14)

Monitor compliance with Township's bid threshold.

Qualifications. To qualify for the position of Purchasing Agent, an applicant shall meet the following requirements:

Graduation from a four-year course at an accredited college or university.

NOTE: Applicants who do not meet the above educational requirements may substitute additional work experience described below on a year-for-year basis.

The Purchasing Agent is required to possess a valid Qualified Purchasing Agent certificate, as issued by the New Jersey Division of Local Government Services, Department of Community Affairs pursuant to New Jersey law, including but not limited to N.J.S.A. 40A:11-9(b); N.J.A.C. 5:34-5.1; and N.J.A.C. 5:34-5.2.

Demonstrate thorough knowledge of the accepted procedures used in making large-scale purchases; of the laws, rules and regulations affecting purchasing and of the application of bookkeeping methods to procurement practices.

Demonstrate the ability to establish and maintain harmonious working relationships, review bid specifications, recommend suitable action on bids, utilize effective communication skills in the preparation of reports to Township employees and/or Township Committee, and to establish and maintain adequate purchasing and other records as may be required at the discretion of the Township Administrator and/or Township Committee or as may otherwise be required by law.

Bid threshold.

Upon the appointment of a Qualified Purchasing Agent, the Township of Wall's bid threshold will be established pursuant to N.J.S.A. 40A:11-3, the Governor, and the New Jersey Department of the Treasury.

The Purchasing Agent may award contracts for the provision of goods or services permitted by law, the cost of which in the aggregate is greater than $17,500 but less than the Township's bid threshold.

All contracts that are awarded by the Purchasing Agent, the cost of which in the aggregate is greater than $17,500 but less than the Township's bid threshold, shall be awarded pursuant to the "non-fair and open" process. Any such contracts shall be subject to the vendor reporting and certification requirements set forth by the Township's and New Jersey's Pay-to-Play laws, including but not limited to N.J.S.A. 19:44A-1 et. seq.

Pursuant to N.J.S.A. 40A:11-6.1(a), for all contracts that in the aggregate are less than the Township's bid threshold but 15% or more of the bid threshold and for those contracts that are for subject matter set forth in N.J.S.A. 40A:11-5(1)(c) through (hh), the Purchasing Agent shall award the contract after soliciting at least two competitive quotations, if practicable. The award shall be made to a vendor whose response is most advantageous, price and other factors considered. The Purchasing Agent shall retain the record of the quotation solicitation and shall include a copy of the record with the voucher used to pay the vendor.