The Manager shall be chosen by the Council solely
on the basis of his executive and administrative qualifications with
special reference to his actual experience in or his knowledge of
accepted practice in respect to the duties of his office as hereinafter
set forth. At the time of his appointment, he need not be a resident
of the Township or state, but, during his tenure of office, he may
reside outside the Township only with the approval of the Council.
The Manager shall hold office for an indefinite
term and may be removed by a majority vote of the Council. At least
30 days before such removal shall become effective, the Council shall,
by majority vote of its members, adopt a preliminary resolution stating
the reasons for his removal. The Manager may reply in writing and
may request a public hearing, which shall be held not earlier than
20 days nor later than 30 days after the filing of such request. After
such public hearing, if one is requested, and after full consideration,
the Council, by majority vote of its members, may adopt a final resolution
of removal. By the preliminary resolution, the Council may suspend
the Manager from duty but shall in any case cause to be paid him forthwith
any unpaid balance of his salary and his salary for the next three
calendar months following adoption of the preliminary resolution.
The Manager may designate a qualified administrative
officer of the Township to perform his duties during his temporary
absence or disability. In the event of his failure to make such designation,
the Council may, by resolution, appoint an officer of the Township
to perform the duties of the Manager during such absence or disability
until he shall return or his disability shall cease.
The Manager shall:
A.
Be the chief executive and administrative official
of the Township.
B.
Execute all laws and ordinances of the Township.
C.
Appoint and remove a Deputy Manager, if one is authorized
by the Council, all department heads and all other officers, subordinates
and assistants for whose selection or removal no other method is provided
in this article, except that he may authorize the head of a department
to appoint and remove subordinates in such department, supervise and
control his appointees and report all appointments or removals at
the next meeting thereafter of the Township Council.
D.
Negotiate contracts for the Township subject to the
approval of the Township Council, make recommendations concerning
the nature and location of township improvements and execute township
improvements as determined by the Township Council.
E.
See that all terms and conditions imposed in favor
of the Township or its inhabitants in any statute, public utility
franchise or other contract are faithfully performed and, upon knowledge
of any violations, call the same to the attention of the Township
Council.
F.
Attend all meetings of the Township Council with the
right to take part in the discussions but without the right to vote.
G.
Recommend to the Township Council for adoption such
measures as he may deem necessary or expedient, keep the Council advised
of financial conditions of the Township, make reports to the Council
as requested by it and at least once a year make an annual report
of this work for the benefit of the Council and the public.
H.
Investigate at any time the affairs of any officer
or department of the Township.
I.
Perform such other duties as may be required of the
Manager by the Charter, ordinance or resolution of the Council.
J.
File applications for grants and loans with the Department
of Community Affairs and shall execute such agreements and other documents
as are required by the Department to receive such funds and agree
on behalf of the Township of Moorestown to such obligations and conditions
as may pertain; provided, however, that any such action that shall
require the appropriation of local funds shall require the approval
of the Township Council.
[Added 9-25-1995 by Ord. No. 1756-95]
The Manager may, in his discretion, allocate,
assign or delegate functions or powers to a department head for more
efficient administration of the Township government, provided that
any such delegation, allocation or assignment shall not relieve the
Manager of any of his responsibilities under the Charter or this chapter,
nor shall it be inconsistent with any express requirement of this
chapter. Any such delegation shall be in writing, which shall be filed
with the Clerk and reported to the Council.
A.
The Manager shall have custody, management and control
of all township property which is not otherwise allocated or assigned
to a department by this chapter.
B.
The Manager, with the approval of the Council, shall
arrange for such insurance coverage as may be required by the Township
to protect it against risk of loss from whatever cause. All insurance
policies and surety bonds shall be filed for safekeeping with the
Township Clerk.
[Amended 8-28-1978 by Ord. No. 943]
A.
There shall be a Division of Administration within
the office of the Manager, the head of which Division shall be the
Deputy Manager.
B.
Subject to the supervision and direction of the Deputy
Manager, the Division shall:
(1)
Administer the centralized purchasing system required
by this chapter.
(2)
Maintain the personnel system approved or prescribed
by the Council.
(3)
Exercise and discharge the functions, powers and duties
of the Township Clerk as provided by law, Charter and ordinances.
(4)
Install and supervise such management procedures,
reports and controls as shall be approved by the Manager.
(5)
Exercise and discharge the functions, powers and duties
of the Registrar of Vital Statistics, who shall be part of the Division
of Administration notwithstanding that said office may be held by
the same individual who also holds the office of Manager, the office
of Deputy Manager or the office of Deputy Clerk.
[Amended 8-28-1978 by Ord. No. 943[1]]
There shall be an office of the Township Clerk
within the Division of Administration, the head of which shall be
the Municipal Clerk, under the direction and supervision of the Manager.
The Municipal Clerk shall be appointed by the Council and shall, prior
to his appointment, be qualified by training and experience to perform
the duties of the office. The Township Clerk shall:
A.
Serve as Clerk of the Council, keep its minutes and
records of its proceedings and maintain and compile its ordinances
and resolutions as required by the Charter.
B.
Have custody of the Township Seal and affix it to
such books, papers and documents as may be authorized pursuant to
law.
C.
Have and take custody of all official books, papers
and documents of the Township for which no other repository is provided
by Charter or ordinance and preserve and keep them safely.
D.
Perform such functions as are vested in the Clerk
by the licensing provisions of state law or ordinance.
E.
Have such other, different and additional functions,
powers and duties as may be prescribed by law or ordinance.
[Amended 8-28-1978 by Ord. No. 943]
The Manager shall appoint a Deputy Clerk, who
shall perform the functions, powers and duties of the Clerk in the
absence or upon the direction of the latter and who shall perform
such functions, powers and duties as may be directed by the Manager.
The Deputy Clerk shall be part of the Division of Administration.
[Amended 8-28-1978 by Ord. No. 943]
The Clerk shall also issue certificates as to
liability for assessment for municipal improvements in accordance
with provisions of the Laws of 1946, Chapter 269 (N.J.S.A. 54:5-18.1
et seq.). Prior to the issuance of any such certificate, the Clerk
shall secure from the Director of Public Works his countersignature,
which shall indicate that, to the best of his knowledge, information
and belief, the certificate is correct.
[Amended 8-28-1978 by Ord. No. 943]
The Clerk shall also issue certificates as to
approval of subdivisions of land as authorized by law when a land
subdivision has been approved in accordance with the Subdivision Ordinance
of the Township. (See N.J.S.A. 40:55D-54.) Prior to the issuance of
such certificates, the Clerk shall secure from the Secretary of the
Planning Board his countersignature, which shall indicate that, according
to the records of the Board and his knowledge, information and belief,
the certificate is correct.
A.
Retainer. A Township Attorney, or firm of attorneys,
shall be appointed and retained by the Council within the limits of
available appropriations.
B.
Duties. The Township Attorney shall represent the
Township in all legal matters and shall advise and assist the Council,
the Manager and the departments as required in the administration
of township government. He shall attend meetings of the Council, draft
ordinances and resolutions and give opinions and rulings on questions
of law which may arise at Council meetings. He shall prepare or approve
all legal instruments relating to the business of the Township. He
shall represent the Township in any litigation and conduct trials,
appeals and other proceedings affecting the interest of the Township
as he may, in his discretion, determine to be necessary or desirable,
subject to the approval of the Council.
C.
Additional duties. The Township Attorney shall also:
(1)
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 Manager or Council may require.
(2)
Have the power to enter into any agreement, compromise
or settlement of any litigation in which the Township is involved,
subject to the approval of the Council.
(3)
Upon the termination of his service with the Township,
forthwith surrender to his successor all township property, papers
and records, together with a written consent to substitution of his
successor in any pending actions or proceedings.
D.
Special counsel. Whenever he deems the interests of
the Township so to require, the Township Attorney, with the approval
of the Council and within the limits of available appropriations,
may appoint special counsel to assist him in the preparation, trial
or argument of any issue or in such other capacity as he may determine.
If the Township Attorney should be disqualified with respect to any
matter, the Manager may appoint special counsel, with the approval
of the Council, to represent the Township for and with respect to
such matter.
[Added 12-29-1986 by Ord. No. 1334]
A.
A Township Prosecutor shall be appointed and retained
by the Council within the limits of available appropriations. Such
Township Prosecutor shall be an attorney licensed to practice law
in New Jersey. The Township Prosecutor shall, under the supervision
of the Attorney General or County Prosecutor, represent the state,
county and the Township in any matter within the jurisdiction of the
Municipal Court[1] and to counsel Moorestown's Department of Police with
respect to matters pending or anticipated before the Municipal Court.
[Amended 12-14-1998 by Ord. No. 1873-98]
B.
Whenever required for the conduct of matters before
the Municipal Court, the Judge may appoint a court stenographer within
the limits of available appropriations.
[Added 8-10-1987 by Ord. No. 1367; amended 2-28-1994 by Ord. No.
1702-94; 12-14-1998 by Ord. No. 1873-98]
A.
A Township Public Defender shall be appointed and
retained by the Council within the limits of available appropriations.
Such Township Public Defender shall be an attorney licensed to practice
law in New Jersey. The Township Public Defender shall represent defendants
in the Municipal Court whom the Judge determines to be indigent and
the law requires to be represented by an attorney.
B.
Any person applying for representation by the Township
Public Defender shall pay a fee of $200 to the Township. The Judge
may waive said fee, in whole or in part, in accordance with guidelines
promulgated by the Supreme Court.
A.
Retainer. The Manager shall appoint a Township Engineer,
who shall be retained under such contractual terms and conditions
as shall be authorized or approved by the Council.
B.
Duties. The Township Engineer shall render professional
engineering advice and assistance to the Council, the Manager, the
Department of Public Works and such other departments, boards and
commissions as the Manager shall designate. He shall provide such
specific engineering services with respect to any township project
as the Council may authorize or approve.
C.
Additional duties. The Township Engineer shall also:
(1)
Maintain township maps, engineering data and records
as may be required for the proper and efficient administration of
public works functions.
(2)
He shall file in such office of the Township as may
be designated or approved by the Manager the original or true copies
of maps, charts, documents, worksheets and data for which he has been
compensated by the Township. Upon the termination of his services
to the Township, he shall surrender to his successor all township
property, papers, maps, charts and records, together with a status
report on any pending project.
