WHEREAS, the voters of the Township of Dover on November 5, 2002 adopted the Mayor Council Plan of the Optional Municipal Charter Law, providing for the division of the Municipality into four wards with a Mayor and Seven Council persons (one from each ward and three at large) to be elected at elections held in November; and

WHEREAS, the voters of the Township of Dover on November 4, 2003 duly elected a Mayor and seven council persons, pursuant to said Optional Plan; and

WHEREAS, it is necessary to revise the Administrative Code of Dover Township pursuant to N.J.S.A. 40:69A-207; and

WHEREAS, the Township Council shall adopt an Administrative Code organizing the administration of the municipal government, setting forth the duties, responsibilities and powers of all municipal officers, department and agencies establishing that manner of performance thereof; and

WHEREAS, the Administrative Code shall also restate the major provisions of the Municipal Charter and the applicable Sections of General Law, and provide such additional details as are necessary to present a complete guide describing the municipal offices, how municipal officers are selected, how municipal departments, divisions, boards, commissions and agencies are organized, lines of supervisory responsibility and accountability, and procedures to be followed to carry out the functions and activities of municipal government.

NOW THEREFORE BE IT ORDAINED by the Mayor and Township Council of the Township of Dover, County of Ocean, and State of New Jersey, as follows:

SECTION 1. Part I entitled A Administrative Legislation,@ of the Township Code of the Township of Dover, Chapters 1 through 154, inclusive, is hereby amended and supplemented so as to add the following provisions to Chapter 1, A General Provisions@ :

' 1-17 Declaration of Purpose: Short title.

a. The Municipal Council adopts this part as an Administrative Code for the organization and administration of the government of the Township, pursuant to the Mayor, Council, that the Optional Municipal Charter Law, N.J.S.A. 40:69A-1 to -210, as it may be amended and supplemented.

b. This Part I, entitled A Administration of Government@ shall be known and may be cited as the A Administrative Code of Dover Township.@

For the purposes of this Part and in the interpretation and application of all other ordinances and resolutions heretofor adopted by the Township the following terms shall have the meanings indicated.

CHARTER--Mayor-Council Plan of the Optional Municipal Charter Law, N.J.S.A. 40:69A-1 to 210, as amended and supplemented, and any and all general laws as therein defined which are or may be applicable to the Township.

DEPARTMENT -- An organizational unit of the municipal government so designated by this Code.

DIRECTOR--The head of a department appointed by the Mayor with the advice and consent of the Council.

PERSON-- includes individuals, corporations, firms, organizations, companies, associations or any group acting as an individual or as a unit. The masculine shall include the feminine gender.

TOWNSHIP OR MUNICIPALITY-- the Township of Dover, Ocean County, New Jersey.

YEAR-- a calendar year, unless otherwise specifically provided.

The purposes of this Code and any other ordinances heretofor or hereafter adopted, except as the context may otherwise require:

a. The present tense includes the past and future tenses and the future, the present.

b. The masculine gender includes the feminine and neuter.

c. A singular number included the plural and the plural, the singular.

d. A Shall@ is mandatory, and A may@ is permissive.

e. The time within an act is to be done shall be commuted by

excluding the first and including the last day, and if the last day be a Sunday, a legal holiday, or a day on which the Township is closed, that they shall be excluded.

f. A Writing@ and A written@ shall include writing and any other mode of communication using paper or similar material which is in general use, as well legible handwriting.

g. Whenever a specific time is used in this code, it shall mean the prevailing and established time in effect in the State of New Jersey during any day or any year.

SECTION 2. Part I entitled A Administrative Legislation,@ of the Township Code of the Township of Dover, Chapters 1 through 154, inclusive, is hereby amended and supplemented as follows:

Chapter 1. General Provisions

Chapter 5. Township Council

Chapter 10. Office of the Mayor

Chapter 14. Office of the Municipal Clerk

Chapter 19. Office of Tax Assessor

Chapter 23. Administrative Organization

Chapter 40. Department of Administration

Chapter 42. Department of Construction and Inspection Services

Chapter 44. Department of Finance

Chapter 46. Department of Health, Human Services and Human Resources

Chapter 48 Department of Law and Community Development

Chapter 50. Department of Law Enforcement

Chapter 52. Department of Parks, Buildings and Grounds

Chapter 54. Department of Public Works

Chapter 56. Department of Recreation

Chapter 60. Municipal Court

Chapter 62 Office of Municipal Public Defender

Chapter 64 Office of Municipal Prosecutor

Chapter 66 Office of Emergency Management

Chapter 71. Statutory Boards and Commissions

A. Board of Adjustment

B. Environmental Commission

C. Historic Preservation Commission

D. Industrial Commission

E. Local Ethics Board

F. Municipal Utilities Authority

G. Parking Authority

H. Planning Board

I. Redevelopment Entity

J. Rent Leveling Board

Chapter 76. Advisory Committees

A. Youth Advisory Council
B. Veterans Commission

Chapter 80. Claims Approval

Chapter 86. Cooperative Pricing Agreements

Chapter 90. (Reserved)

Chapter 94. Defense and Indemnification

Chapter 100. (Reserved)

Chapter 104. Employee Regulations and Benefits

Chapter 109. Fire Companies

Chapter 114. Fire Districts

Chapter 120. Hazardous Materials Management

Chapter 125. Mutual Aid Agreements

Chapter 129. Official Map

Chapter 132. Public Records, Inspection of

Chapter 139. (Reserved)

Chapter 143. (Reserved)

Chapter 145 (Reserved)

Chapter 147. Salaries and Compensation

Chapter 150. Tax Map

Chapter 152 Volunteer Incentives

SECTION 3. Part One of the Township Code of the Township of Dover entitled A Administrative Legislation@ and, Chapters 1 through 154, inclusive, as revised is hereby adopted as the "Administrative Code" for the organization and Administration of the Township of Dover. To the extent Chapters 94, 104, 109 and 114 are readopted, any reference to "Township Committee" is omitted and replaced with "Township Council" and "Committeeman" shall be omitted and replaced with "Councilperson."

SECTION 4. The revised Administrative Code of the Township of Dover is hereby attached and made a part hereof.

SECTION 5. This ordinance shall take effect after second reading and publication as required by law.

SECTION 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.

NOTICE IS HEREBY GIVEN that the foregoing ordinance was introduced and passed by the Township Council on first reading at a meeting of the Township Council of the Township of Dover held on the _____ day of ____________, 2004, and will be considered for second reading and final passage at a meeting of the Township Council to be held on the ____ day of _______________, 2004, at at the Municipal Building located at 33 Washington Street, P.O. Box 728, Toms River, New Jersey, at which time and place any persons desiring to be heard upon the same will be given the opportunity to be so heard.

                                ________________________________

                                BARBARA A. IASILLO, RMC

                                 Township Clerk, Township of Dover

Chapter 5

' 5-1 Legislative Power

The legislative power of the municipality shall be exercised by the Township Council (A Council@ ) pursuant to the authority vested in N.J.S.A. 40:69A-36 and general law.

' 5-2 Powers and Duties

The Township Council, in addition to such other powers and duties as may be conferred upon it by this Part or otherwise by general law, may:

A. Require any municipal officer, in its discretion, to prepare and submit sworn statements regarding his or her official duties in the performance thereof, and otherwise investigate the conduct of any department, office or agency of the municipal government.

B. Remove, by at least two-thirds vote of the whole number of the Township Council, any municipal officer, other than the Mayor or a member of Council, for cause, upon notice and an opportunity to be heard.

' 5-3 Budget and Control

A. Upon the submission of the budget to the Township Council by the Mayor, the Council may reduce any item or items in the Mayor= s budget by a vote of a majority of the Council, but an increase in any item or items therein shall become effective only upon an affirmative vote of two-thirds (2/3) of the members of the Council.

B. The Council shall, where practicable, provide for the maintenance of a system of work programs and quarterly allotments for operation of the budget. It shall be the duty of the officer or department administering any such program to develop or report appropriate unit cost of budgeted expenditures.

C. The Council shall provide by ordinance for the exercise of a control function in the management of the finances of the municipality by some officer other than the Business Administrator. The control function shall include provision for any encumbrance system of budget operation, for expenditures only upon written requisition, for the pre-audit of all claims and demands against the municipality prior to payment, and for the control of all payments out of any public funds by individual warrants for each payment to the official having custody thereof.

' 5-4 Independent annual audit

The Council shall cause to be made an annual audit of its books, accounts and financial transactions to be made and completed in accordance with Local Fiscal Affairs Law. The Council shall employ a registered municipal accountant of New Jersey to prepare its annual audit.

' 5-5 President of the Council

Pursuant to the Charter, at its organization meeting, the Council shall elect a president of the Council from among the members thereof and the President shall preside at its meetings and perform such other duties as the Council may prescribe. In the absence of the President, the Council shall elect a temporary presiding officer.

' 5-6 Duties of the President

A. The President of the Council shall preside at its meeting.

B. He or she shall preserve order and decorum at all meetings of the Council.

C. He or she shall state every question coming before the Council.

D. He or she shall announce the decisions of the Council.

E. He or she shall decide all questions of order.

F. He or she shall appoint all special committees of the Council.

G. He or she shall sign all ordinances and resolutions adopted by the Council during his or her presence.

H. He or she shall sign the minutes of each meeting, along with the Municipal Clerk.

I. He or she shall sign the bills list.

' 5-6 Clerk of the Council

The Municipal Clerk shall serve as clerk of the Council, keep its minutes and records of its proceedings, maintain and compile its ordinances and resolutions as the Optional Municipal Charter Act requires, and perform such functions as may be required by law.

' 5-7 Meetings of the Council

A. Regular meetings. The Council shall meet annually for organization on the first day of January at 12 o= clock noon or during the first seven days of January in any year. The Council shall designate by resolution the time of the holding of regular meetings, which shall be at least monthly.

B. Special meetings. The Mayor may, and upon written request of four (4) Councilpersons, shall, call a special meeting of the Council. In the call, he or she shall designate the purpose of the special meeting and no other business shall be considered.

C. Open to the Public. All regular and special meetings of the Council shall be open to the public.

D. Quorum. A majority of the whole number of members of the Council shall constitute a quorum, but no ordinance shall be adopted by the Council without the affirmative vote of a majority of all of the members of the Council.

' 5-8 Agenda

A. The agenda for each regular and special meeting of the Council shall be prepared by the Clerk. The agenda must be approved prior to the meeting by either the Council President or by four (4) members of the Township Council. Except for emergency matters which may be added to the agenda at any time with the approval of the Council President or four (4) members of the Township Council, the agenda for each regular meeting of the Council shall include only such matters of Council business as have been presented or delivered to the Clerk by Councilpersons no later than the Friday proceeding the meeting at 12 o= clock noon. As soon as the agenda for each meeting has been prepared, the Clerk shall provide a copy thereof to the office of each Councilperson, the Mayor, the Business Administrator and each department head.

B. Consent Agenda. Items listed on the agenda which are considered routine by the Council shall be placed under a subheading entitled A Consent Agenda.@ Prior to voting upon any item on the consent agenda, the President or presiding officer shall open the meeting to the public and the Council to entertain requests for removal from the consent agenda. There shall be no separate discussion of items on the consent agenda unless a Councilperson so requests, in which event the item shall be removed from the consent agenda and considered in its normal sequence on the agenda. Those items which appear on the consent agenda are not required to be read at the public meeting in their entirety but may be read by description only. Those items so approved under the consent agenda shall appear in the Council minutes in their complete and proper form.

' 5-9 Conduct of Meetings

A. General Procedure. Except as otherwise provided herein, meetings of the Council shall generally be conducted in accordance with Robert= s Rules of Order except as modified by Township Council.

B. Mayor= s participation. The Mayor may attend meetings of Council and may take part in discussions of Council to the extent authorized under N.J.S.A. 40:69A-41, but shall have no vote except in the case of a tie on the question of filling a vacancy in the Council, in which case he or she may cast the deciding vote.

C. Presiding Officer. The President or presiding officer shall not be deprived of any of the rights and privileges of being a Councilperson by reason of his or her acting as the presiding officer or President. The President or presiding officer shall have the privilege of closing debate.

' 5-10 Addressing Council.

No member of the public may address the Township Council except during the portion of the meeting set aside for public comment pursuant to N.J.S.A. 10:4-12 and during the opportunity to be heard upon second reading of an ordinance pursuant to N.J.S.A. 40:49-2. Any person desiring to address the Council shall first seek to be recognized by the Council President. Upon recognition of said person, remarks during the public comment portion of the meeting shall be within the time limits set by Council by resolution in accordance with N.J.S.A. 10:4-12, for public comment on any governmental issue that a member of the public feels may be of concern to the residents of the municipality.

' 5-11 Ordinances and Resolutions

A. Legislative powers shall be exercised by ordinance, except for the exercise of those powers that, under the Mayor-Council Plan of government or by general law, do not require action by the Mayor as a condition of approval for the exercise thereof, and may, therefore, be exercised by resolution. Those actions which may be exercised by resolution shall include, but not be limited to:

2. The exercise of advice and consent to actions of the Mayor.

3. The conduct of a legislative inquiry or investigation.

5. The removal of any municipal officer for cause in accordance with N.J.S.A. 40:69A-37.

6. The adoption of rules for the Council.

9. Designation of the official newspapers.

10. Approval of contracts presented by the Mayor.

B. Drafting. Ordinances and resolutions shall be drafted by the Township Law Department, any member of Council, Special Counsel or any person designated by Counsel.

C. Procedure for Introduction of Ordinances. Ordinances may be introduced and read on first reading by reading the title only. After publication and notice of hearing and upon the opening of the hearing, the ordinance shall be given a second reading which may be by title, and thereafter it may be passed with or without amendments, or rejected. Prior to the second reading, a copy of the ordinance shall be posted on the bulletin board or other public place upon which public notices are customarily posted in the municipal building, and copies of the ordinance shall be made available to members of the general public of the township who shall request such copies.

D. Procedure for Adoption of Ordinances. An ordinance may be adopted by the Council only by the affirmative vote of at least a majority of all members of the Council. Each ordinance shall be published by the Clerk, considered and adopted by the Council, and become effective according to the procedure prescribed by the charter.

E. Voting. The vote of the Council upon every ordinance and resolution shall be taken by the Clerk by roll call.

' 5-12 Delivery of Ordinances to Mayor; Override of Mayoral Veto

A. All ordinances shall be introduced, read, heard and enacted in the manner provided by general law. Each ordinance adopted by Council shall be promptly delivered by the Clerk to the Mayor. Each ordinance shall be returned by the Mayor to the Clerk after the Mayor has affixed his or her signature thereto or after the expiration of ten (10) days from the date of its delivery to the Mayor in any event.

B. No ordinance or any item or part thereof shall take effect without the Mayor= s approval, unless the Mayor fails to return an ordinance to the Council within ten (10) days after it has been presented to him, or unless Council, upon reconsideration thereof on or after the third day following its return by the Mayor, shall by a vote of two-thirds of the members resolve to override the Mayor= s veto.

' 5-13 Filing of reports and resolutions

All reports to the Council and all resolutions shall be filed with the Township Clerk and entered into the minutes of the Council.

' 5-14 Control of administrative employees

Council shall deal with employees of the Department of Administration and other Administrative Departments solely through the Mayor or his or her designee. All contact with the employees, and all actions and communications concerning the administration of the government and the provision of municipal service shall be through the Mayor or his or her designee, except as otherwise provided by law and Township Code Section 5-15 below.

' 5-15 Additional powers of the Council.

Council may require any municipal officer to prepare and submit sworn statements regarding his or her official duties in the performance thereof, and otherwise investigate the conduct of any department, office or agency of the Township government. Nothing within Section 5-15 herein shall be construed as to prohibit the Council= s inquiry into any act or problem of the administration of the Township or as to deprive any member of Council of his or her rights as a citizen of the Township . Any Councilperson may, at any time, require a report on any aspect of the government of the Township by making a written request to the Mayor. Council may, by a majority vote of the whole of its members, require the Mayor or his or her designee to appear before the Council sitting as a committee to the whole, and to bring before the Council those records and reports, and officials and employees of the Township as the Council may determine necessary to ensure clarification of the matter under study. Council may further, by a majority of its members, consult with the Mayor or his or her designee to study any matter and to report to Council thereon. Council President may submit to Council a list of proposed subcommittees to consist of up to three (3) members of Council on each subcommittee for the purpose so designated by Council. A Council member may be appointed to more than one subcommittee. Upon approval of the assignments to the subcommittees by the majority of Council, said subcommittees shall inquire into, investigate and/or report on those matters within their designated subject matter to the Council as a whole.

' 5-16 Exercise of advice and consent.

C. Time for consent of nominees.

' 5-17 Removal of employees

If the Mayor, in his or her discretion, intends to remove a department head or any other municipal executive officer who is not a subordinate officer or employee, including any tenured employee other than the Municipal Clerk or an employee of whom Council is the appointing authority, Mayor must provide notice and opportunity to be heard. Mayor must file written notice of his or her intention to remove with Council by filing such notice with the Municipal Clerk. The Municipal Clerk shall stamp the notice with the date received and immediately forward copies to all members of Council. Council may disapprove the removal by adopting a resolution affirmatively voted by no less than five (5) Council members prior to the 20th day after the filing of notice by the Mayor. The twenty (20) days shall run from the date the notice is stamped received by the Municipal Clerk. If Council adopts such a resolution disapproving the removal, the person shall retain their terms and conditions of employment as existed prior to the time the Mayor expressed his or her intent to remove. If Council does not adopt such resolution prior to the 20th day after the filing of the notice with Council, the removal shall become effective.

' 5-18 Compensation

Each Councilperson shall receive a salary within the range provided in the current Salary Ordinance.

' 10-1 Executive Power

The executive power of the Township shall be exercised by the Mayor, subject to the procedures set forth in the charter.

' 10-2 Duties of Mayor

The Mayor shall:

M. Create and appoint to ad hoc and/or advisory committees whose purpose is to assist the Mayor in exercising his or her administrative functions.

' 10-3 Meetings

The Mayor may attend meetings of Council and may take part in discussions of Council to the extent authorized under N.J.S.A. 40:69A-41, but shall have no vote except in the case of a tie on the question of filling a vacancy in the Council, in which case he or she may cast the deciding vote.

' 10-4 Veto Power

A. Each ordinance adopted by Council shall be promptly delivered by the Clerk to the Mayor. Each ordinance shall be returned by the Mayor to the Clerk after the Mayor has affixed his or her signature thereto or after the expiration of ten (10) days from the date of its delivery to the Mayor in any event.

B. No ordinance or any item or part thereof shall take effect without the Mayor= s approval, unless the Mayor fails to return an ordinance to the Council within ten (10) days after it has been presented to him, or unless Council upon reconsideration thereof on or after the third day following its return by the Mayor shall by a vote of two-thirds of the members resolve to override the Mayor= s veto.

' 10-5 Designation of Acting Mayor

The Mayor shall designate the Business Administrator, any other department head or the Municipal Clerk to act as Mayor whenever the Mayor shall be prevented by absence from the municipality, disability or other cause from attending to the duties of his or her office. Such designation shall be made in writing and filed with the Municipal Clerk prior to the effective date thereof and under what conditions shall trigger this provision. During such time, the person so designated by the Mayor shall possess all rights, powers, duties of his or her office. Whenever the Mayor shall have been unable to attend to the duties of his or her office for a period of sixty (60) consecutive days for any of the above-stated reasons, an acting mayor shall be appointed by Council, who shall succeed to all the rights, powers and duties of the Mayor or the then acting mayor.

' 10-6 Appointment, removal and term of directors

A. Appointment. The Mayor shall appoint, with the advice and consent of the Council, a director to head each department. Each director shall serve during the term of the office of the Mayor appointing him, and until the appointment and qualification of his or her successor. The term A Director@ and A Department head@ shall have the same meaning as used throughout the Code and may be used interchangeably. Salaries of Department heads may be recommended by the Mayor, and subject to approval of the Township Council.

B. Removal. If the Mayor, in his or her discretion, intends to remove a department head or any other municipal executive officer who is not a subordinate officer or employee, including any tenured employee other than the Municipal Clerk or an employee of whom Council is the appointing authority, Mayor must provide notice and opportunity to be heard. Mayor must file written notice of his or her intention to remove with Council by filing such notice with the Municipal Clerk. The Municipal Clerk shall stamp the notice with the date received and immediately forward copies to all members of Council. Council may disapprove the removal by adopting a resolution affirmatively voted by no less than five (5) Council members prior to the 20th day after the filing of notice by the Mayor. The twenty (20) days shall run from the date the notice is stamped received by the Municipal Clerk. If Council adopts such a resolution disapproving the removal, the person shall retain their terms and conditions of employment as existed prior to the time the Mayor expressed his or her intent to remove. If Council does not adopt such resolution prior to the 20th day after the filing of the notice with Council, the removal shall become effective.

C. The salaries of administrative employees, officers and directors of each department shall be fixed in accordance with N.J.S.A. 40:69A-43a.

' 10-7 Removal of subordinate officers and employees

Directors may remove subordinate officers and employees appointed by him or her within his or her respective department with the approval of the Mayor, subject to the provisions of New Jersey Statutes, other general law and any applicable contractual obligations.

' 10-8 Budget preparation

A. The Mayor shall prepare the municipal budget with the assistance of the Business Administrator. During the month of May, the Mayor shall require all department heads to submit requests for appropriations for the ensuing budget year, and to appear before the Mayor or the Business Administrator at public hearings, which shall be held during that month, on the various requests.

B. On or before the 15th day of July, the Mayor shall submit to Council his or her recommended budget together with such explanatory comment or statement as he or she may deem desirable. The budget shall be in such form as is required by law for municipal budgets, and shall in addition have appended thereto, a detailed analysis of the various items of expenditure and revenue. Council may reduce any item or items in the Mayor= s budget by a vote of a majority of the Council, but an increase in any item or items therein shall become effective only upon an affirmative vote of two-thirds of the members of Council. The annual budget shall be introduced no later than August 10 of the calendar fiscal year. Introduction of the budget shall constitute a first reading which may be by title.

' 10-9 Compensation

The Mayor shall receive a salary within the range provided in the current Salary Ordinance.

' 14-1 Appointment; Qualifications

There shall be an Office of the Municipal Clerk, the head of which shall be the Municipal Clerk. The Municipal Clerk, and all subordinate personnel and officers, shall be appointed by Council and shall, prior to appointment, be qualified by training or experience to perform the duties of the office as required under N.J.S.A. 40A:9-133 et seq., applicable general law and this Code.

' 14-2 Duties and Responsibilities

The Municipal Clerk shall:

' 14-3 Custodian of Records

The Municipal Clerk shall act as custodian of records for all official books, papers and documents of the municipality for which no other repository is provided by charter or Township ordinance, and keep same safely.

' 14-4 Custodian of the Seal

The Municipal Clerk shall act as custodian of the Township Seal and cause it to be affixed to instruments and writings when specifically authorized by law or when necessary to exemplify and document or record of his or her office or to certify any paper.

' 14-6 Clerk of Election

The Municipal Clerk shall act as Clerk of Elections, performing all functions required by the general law under Title 19 of the Revised Statutes of New Jersey to be performed by the Municipal Clerk and in this function, receive for municipal use the fees prescribed therefor.

' 14-7 Subordinate officers and employees

A. Deputy municipal clerk. The office of deputy municipal clerk is hereby created. The deputy municipal clerk shall be appointed by Council, whom shall set compensation in accordance with the current Salary Ordinance. The term of the deputy municipal clerk shall be for three (3) years. During the absence or disability of the Municipal Clerk, the deputy municipal clerk shall have all the powers of the Municipal Clerk and shall perform the functions and duties of such office.

B. Other clerical staff. There shall be the following positions within the Office of Municipal Clerk, to be appointed by Council :

(1) Senior Clerk-Typist

(2) Clerk-Typist

(3) Switchboard operator, full-time

(4) Switchboard operator, part-time

(5) Mail Clerk, part-time

The above positions shall perform such clerical and administrative duties as may from time to time be assigned by the Municipal Clerk or the Deputy Municipal Clerk.

C. Registrar. The office of the local Registrar is hereby created. All the duties of the local Registrar pursuant to Title 26 shall be performed by the Local Registrar. In accordance with N.J.S.A. 26:8-17, a Deputy Registrar, who shall be the Cashier Clerk, shall be appointed to assist in the normal, day-to-day operation of the office and whose duty shall be to act in the Local Registrar's stead in case of absence, disability or death of the registrar. The licensing of dogs, kennels, pet shops, shelters and pounds shall be the duty of the office of the local Registrar. There is hereby created the position of Senior Clerk-Typist and the office of Clerk-Typist within the office of the local Registrar, whom shall be appointed by Council. Senior Clerk-Typist and Clerk-Typist shall perform such clerical and administrative duties as may from time to time be assigned by the Municipal Clerk or the Deputy Municipal Clerk.

' 19-1 Office of Tax Assessor established; Tax Assessor

A. There shall be an Office of Tax Assessor, the head of which shall be the Tax Assessor. The Tax Assessor shall be appointed by the Mayor, with the advice and consent of Council. The Office of Tax Assessor shall be subject to such general administrative procedures and requirements as are the other departments of the Township, including, but not limited to, the preparation and submission of an annual budget and of such periodic budget reports as are generally required of departments, and such accounting controls, central purchasing practices, personnel procedures and regulations and central data processing services are as generally required of departments.

B. Appointment and term of office. The Tax Assessor shall be appointed by the Mayor, with the advice and consent of the Township Council, for a term of four years commencing on July 1 next following the appointment.

C. Qualifications. To be appointed to the office of Tax Assessor for the Township of Dover, a person must hold a certified tax assessor's certificate from the State of New Jersey.

D. Duties. The duties of the Tax Assessor shall be as prescribed by law. The Tax Assessor shall perform such other duties which are related to her work as are prescribed by the Mayor and Township Council.

§ 19-2 . Deputy Tax Assessor.

A. Position created. There is hereby created the position of Deputy Tax Assessor for the Township of Dover.

B. Appointment and term of office. The Deputy Tax Assessor shall be appointed by the Mayor, with the advice and consent of the Township Council, and shall serve a term of office of four years, commencing on July 1 next following the appointment

C. Qualifications. To be appointed to the position of Deputy Tax Assessor for the Township of Dover, an individual must hold a certified tax assessor's certificate from the State of New Jersey.

D. Duties. The duties of the Deputy Tax Assessor are to assist the Tax Assessor of the Township in assessing the real properties in the Township of Dover in accordance with the appropriate state statutes and regulations in regard thereto. The Deputy Tax Assessor shall do all work as is required of him by the Township Tax Assessor in regard to the assessing of real properties and all various other work as is required from time to time by the Tax Assessor. The Deputy Tax Assessor shall be responsible for the official Township of Dover House-Numbering Map and, in pursuance thereof, assign and record official numbers to lots and subdivisions and resubdivisions of land and assign house numbers to buildings or structures. The Office of the Tax Assessor shall also have responsibility to ensure that the house number assigned to each house, building or structure is properly displayed.

' 23-1 General Plan

The municipal government of the Township of Dover shall be organized into the following departments, municipal offices, boards, commissions and committees, as applicable:

A. Departments

1. Department of Administration

2. Department of Construction and Inspection Services

3. Department of Finance

4. Department of Health, Human Services and Human Resources

5. Department of Law and Community Development

6. Department of Law Enforcement

7. Department of Parks, Buildings and Grounds

8. Department of Public Works

9. Department of Recreation

B. Offices

1. Office of the Municipal Clerk

2. Office of the Tax Assessor

3. Municipal Court

4. Office of Municipal Public Defender

5. Office of Municipal Prosecutor

6. Office of Emergency Management

C. Statutory Boards and Commissions

1. Board of Adjustment

2. Environmental Commission

3. Historic Preservation Commission

4. Industrial Commission

5. Local Ethics Board

6. Municipal Utilities Authority

7. Parking Authority

8. Planning Board

9. Redevelopment Entity

D. Advisory Committees

1. Youth Advisory Council

2. Veterans Commission

' 23-2 Department Heads

Each department shall be headed by a director, whom shall be appointed by the Mayor with the advice and consent of the Council.

' 23-3 Terms of Department Heads

The term of a department head shall be for the term of the office of the Mayor appointing his or her, and until the appointment and qualification of her successor.

' 23-4 Subordinate officers and employees

Department heads shall appoint subordinate officers and employees within their respective departments and may, with approval of the Mayor, remove such officers and employees subject to the provisions of Title 11 of the New Jersey Statutes or other general law.

' 23-5 Leaves of Absence

A department head may request a leave of absence from his or her position for up to one (1) year. Council, in its sole discretion, may grant or deny the request. Failure to seek an extension of the leave or failure to return to work at the conclusion of the leave granted by Council shall be deemed an abandonment of office of the position. Whenever a leave of absence is taken, the Mayor with the advice and consent of Council, may appoint an acting department head from amongst the existing employees from within that department.

' 23-6 Full-time employees; outside employment

All department heads shall be full-time employees. A full-time employee shall be defined as an employee who regularly works a minimum of 35 hours per week. Department heads shall be exempt employees for purposes of the Federal Labor Standards Act. A department head shall not be employed outside of the Township, or in addition to the position(s) the employee holds with the Township without prior written permission of the Mayor and resolution of the Township Council. All employees, full-time and part-time, with the exception of elected officials, shall punch their own individual time card every day on the Township time clock, or on another Township-approved device, once said device is made available or shall utilize a time-keeping procedure approved by resolution of the Township Council. If an employee leaves work for any reason, he or she shall punch out and punch in upon return, if applicable. All department heads shall be responsible for maintaining the time cards of their department employees. Misuse of the time clock by any employee, which shall include, but not be limited to, punching another person= s time card and failing to punch out upon leaving work, shall be grounds for immediate termination and may result in prosecution by the Township for theft of services, subject to any provisions of any collective bargaining agreements.

' 23-7 Contractual relationship with Township prohibited

No department head shall have any interest in any partnership, sole proprietorship, company, corporation or any other form of business organization, which has a current contractual relationship with the Township. A department head shall not enter into any contract individually with the Township. A violation of this section shall be deemed sufficient cause to seek removal under N.J.S.A. 40:69A-37.

' 23-8 Internal organization

The internal operation of each department shall be determined by the Director of the department subject to the applicable provisions of the Code. Whenever an activity or functional duty shall, by ordinance, be transferred from one department to another department of the Township, all the functions, powers and duties thereof shall be and are transferred as of the effective date of the ordinance.

' 23-9 Vacancies in office of department head

Vacancies in the office of any department head due to resignation, removal, death or otherwise shall be filled in accordance with the procedures delineated within ' 5-16 of the Township Code.

' 23-10 Use of Township vehicles.

Except in the case of police, fire and first aid emergencies, no Township vehicle shall be driven, operated or used outside of the geographical boundaries of the Township except: 1) as necessary to efficiently travel between Township locales on the barrier island and the rest of the Township and 2) for official business. Traveling to and from work shall not be considered "official business." "Official business" shall be further defined for the purposes of this section as the policy promulgated by the Mayor and adopted by the Council by separate resolution. As applied to the Department of Law Enforcement, the Mayor shall establish a written policy which shall be approved by Township Council by resolution within 60 days subsequent to the effective date of this Code.

§ 23- 11 Preference to Residents of Dover Township

In the appointing of any employee, officer or department head, preference shall be given to residents of the Township of Dover.

§ 23-12 Prospective application of qualifications for offices and positions

Any additional or amended qualifications for offices or positions, including department heads, shall be prospective only as applied to filling vacancies after the effective date of this Code.

' 40-1 Department established

There shall be a Department of Administration, the head of which shall be the Business Administrator. The Business Administrator shall be appointed by the Mayor with the advice and consent of Council. The Business Administrator shall be chosen solely on the basis of his or her executive and administrative qualifications with special reference to his or her actual experience in, or his or her knowledge of, accepted practice in respect to the duties of his or her office. The Business Administrator shall either have a Bachelor= s degree from a recognized, accredited college or university and specialized training in public administration or at least five (5) years of responsible experience in an executive or administrative position related to the duties of the position. During his or her tenure of office, he or she may reside outside the Township of Dover only with the approval of Council.

' 40-2 Duties and responsibilities of Business Administrator

The Business Administrator, under the direction and supervision of the Mayor, shall:

' 40-3 Term; compensation

The term of the Business Administrator shall be for the term of the Mayor appointing him or her, and until the appointment and qualification of his or her successor. His or her annual compensation shall be fixed by Council in accordance with the current Salary Ordinance.

' 40-4 Intent

Nothing contained within this Chapter or elsewhere within this Code shall be interpreted as conveying any general supervisory powers over any other departments to the Business Administrator.

A. There is hereby established the Division of Purchasing, the head of which shall be the Purchasing Agent. The Purchasing Agent shall meet the qualifications necessary for Qualified Purchasing Agent pursuant to N.J.S.A.. 40A:11-9. The Business Administrator shall administer the centralized purchasing system as established within the Division of Purchasing.

B. The Purchasing Agent shall:

(1) Prepare and enforce specifications for the purchase of materials and supplies. For purchases which require public bidding, or solicitation of quotations for amounts more than 50% of the current statutory bid threshold, specifications must be approved by resolution prior to the issuance, publication or release of said specifications and prior to the request for receipt of bids.

(5) Administer the performance of all municipal contracts.

B. Nothing contained herein shall require the Division of Purchasing or the Purchasing Agent to prepare specifications and contractual documentation or supervise the execution and performance of contracts for public works or improvements under the jurisdiction of the Township Engineer.

C. There is hereby created the position of Deputy Purchasing Agent. The Deputy Purchasing Agent shall assist the Purchasing Agent in fulfilling the functions enumerated herein.

' 40-6 Purchase controls.

All purchases made and contracts awarded through the Division of Purchasing for any supplies or materials or contractual services shall be pursuant to a requisition from the Director of the Township department, office or agency whose appropriation will be charged. No purchase shall be made nor obligation incurred unless the Chief Financial Officer certifies that a sufficient unencumbered balance or appropriation is available to pay therefor. Purchase order requisitions shall be established and prepared by the Division of Purchasing in accordance with purchasing procedures and policies manual as adopted by resolution, no later than 90 days after the effective date of the adoption of this Code..

' 40-7. Conformance with statute.

A. All purchases made by the Purchasing Agent shall conform to the requirements of the N.J.S.A. 40A:11-1 et seq., and all specifications shall be drafted in a manner to encourage free, open and competitive bidding.

B. Whenever practicable, materials and contractual services shall be procured through the Division of Purchase and Central Services under State contract procedures.

' 40-8. Public bidding procedure.

A. The Purchasing Agent is authorized to advertise for and receive bids in connection with all purchases, contracts or agreements, in accordance with the provisions of the Local Public Contracts Law. The Township Council shall be the contracting agent and shall award such contracts and purchases as may be recommended by the Purchasing Agent.

B. The Purchasing Agent shall determine the method of presenting bids, except that such method shall be confined to either personal presentation at bid opening or by registered mail. In either case, the method shall be stated in the public advertisement, and, if by registered mail, proper safeguards shall be provided to ensure the security of bids. Bids received after the time stated in the advertisement shall be considered as nonresponsive and shall be returned unopened to the sender.

C. All bids will be opened by the Purchasing Agent in public in accordance with the bid specifications and applicable law. A record shall be kept of the bid openings, and the same shall be available to the public.

D. Following review and evaluation of the bids, the Purchasing Agent shall recommend the lowest qualified bidder to the Township Council, which shall award the contract or take such other action as it deems proper.

' 40-9. Division of Management Information Services; Manager of Management Information Services; Deputy Manager.

There is hereby created within the Department of Administration, the Division of Management Information Services, the head of which shall be the Manager of Management Information Services. There is further created the office of Deputy Manager of Management Information Services, who shall assist the Manager.

' 40-10 Powers and duties.

The Division of Management Information Services shall:

(A) Operate the centralized data processing services for all departments and offices of the Township, including the operation of the Township payroll system, as well as manage and administer LAN’s (Local Area Networks) and WAN’s (Wide Area Networks) for all Township departments and offices, including the Department of Law Enforcement.

(B) Maintain all Township disbursement and budget records, such as budget summaries, bill lists and vendor analyses, and administer and manage all computerized systems to include financial, accounting and tax collection systems, engineering systems, building systems, public words systems, law enforcement, recreation, human resources, GIS, mobile and wireless, web commerce, voice and data communications.

(C ) Maintain all Township computer hardware, software, and servers, including recommending any upgrades of the Township computer system.

(D) Maintain the official Township of Dover website.

(E) Perform such other duties as directed by the Business Administrator.

(F) Create programming and systems in-house or advise as to the need for purchases of systems from third-party vendors.

(G) Review departmental requests for software and hardware and make recommendations.

' 48- Establishment; duties; Construction Official.

There is hereby created a Department of Construction and Inspection Services, the head of which shall be the Construction Official. The Construction Official shall be responsible for:

There shall be a Department of Finance, the head of which shall be the Director of Finance, who shall be the Chief Financial Officer. His or her compensation shall be set in accordance with the current Salary Ordinance.

A. No person shall be appointed or reappointed as a Chief Financial Officer unless he or she holds a municipal finance officer= s certificate pursuant to N.J.S.A. 40A:9-140.2 or he or she has been previously granted tenure in the position pursuant to N.J.S.A. 40A:9-140.13. Appointment to the position of Chief Financial Officer shall be pursuant to the terms of N.J.S.A. 40A:9-140.10.

B. The Chief Financial Officer shall be appointed for a term of four years, effective as of the first day of January of the year of appointment.

C. Duties. The Chief Financial Officer shall perform such duties as delineated within the applicable statutes, administrative regulations and rules and procedures as established by the Department of Community Affairs, Local Finance Board.

There is hereby created the position of Assistant to the Director of the Department of Finance. The Assistant to the Director of the Department of Finance shall, under the direction and supervision of the Director of Finance, perform the following duties:

(1) Prepare written answers to routine correspondence and memorandums.

(2) Automated payroll coordination.

(3) Cash reconciliations and proof verification .

(4) Prepare bill lists for review by the Chief Financial Officer.

(6) Prepare budget variance reports for the purpose of monitoring departmental expenditures in comparison to departmental budget resources.

(7) Monitor and verify all inventories, with fixed asset inventories conducted in accordance with the Technical Accounting Directives issued by the Local Finance Board.

(9) Maintain an inventory of all property owned by the Township and have custody of all municipal personal property.

There is hereby created the position of Deputy Comptroller. The Deputy Comptroller shall, under the direction and supervision of the Chief Financial Officer, perform the following duties:

(1) Prepare, post and maintain a general ledger to record all financial transactions.

(2) Prepare an annual financial statement.

(3) Prepare annual and supplemental debt statements.

(4) Install and monitor routine internal audits, programs and controls.

(6) Any other duties as may be assigned by the Chief Financial Officer.

There is hereby created the position of Assistant Deputy Comptroller. The Assistant Deputy Comptroller shall, under the direction and supervision of Chief Financial Officer and the Deputy Comptroller, assist the Deputy Comptroller in administration, planning, operation, supervision, training, work assignments and other activities normally associated with the operation of a department and in compliance with all federal, state, county and local laws, ordinances and policies.

Within the Department of Finance, there shall be the following divisions:

A. Division of Accounts and Controls.

B. Division of Revenue Collections.

A. There is hereby created, within the Department of Finance, the Division of Accounts and Controls, the head of which shall be a Manager of Accounts and Controls, who shall be the Chief Financial Officer.

B. Under the direction and supervision of the Chief Financial Officer, the Division of Accounts and Controls shall:

A. Division of Revenue Collections. There is hereby created, within the Department of Finance, the Division of Revenue Collections, the head of which shall be the Tax Collector. The Division of Collection shall be responsible for:

B. Tax Collector. There is hereby created the office of Tax Collector of the Township of Dover pursuant to N.J.S.A. 40A:9-142.

Collector of the Township of Dover, whom shall be the Collector of Arrears of Taxes pursuant to N.J.S.A. 40A:9-143..

' 44-9 Township Insurance Representative

There is hereby created the position of Township Insurance Representative.

' 44-10 . Powers and duties; compensation.

The Township Insurance Representative shall advise the Mayor and Township Council on insurance matters. The Township Insurance Representative shall serve at a yearly compensation of $1, with no other compensation or benefits. The Township Insurance Representative shall be appointed by the Mayor, with the advice and consent of Council, in accordance with N.J.S.A. 40A:10-37 to serve as a Commissioner of the Joint Municipal Insurance Fund.

' 44-11 . Term; vacancy.

If the Township Insurance Representative is a member of the governing body, he or she shall hold office for two years or for the remainder of his or her term of office as a member of the Township Council, whichever shall be less, and until his or her successor shall have been duly appointed and qualified. If the Township Insurance Representative is an employee of the Township of Dover, he or she shall hold office at the pleasure of the Mayor and Township Council. In the event of a vacancy caused by any reason other than expiration of the term as a member of the Township Council, the office shall be filled by the Mayor, with the advice and consent of Council.

' 46-1. Creation; Director.

There is hereby created the Department of Health, Human Services and Human Resources, the head of which shall be the Director of the Department of Health, Human Services and Human Resources.

§ 46-2 Divisions of Department

There shall be the following divisions within the Department of Health, Human Services and Human Resources:

A. Division of Senior Services

B. Division of Youth Services

C. Division of Animal Control

D. Division of Human Resources

' 46-3 Division of Senior Services.

There is hereby created, within the Department of Health, Human Services and Human Resources, the Division of Senior Services, the head of which shall be the Division Manager of Senior Services. The Division Manager of Senior Services shall coordinate and develop senior citizens programs and activities in the Township. The Division Manager of Senior Services may be assisted by the Deputy Division Manager of Senior Services, who will assist the Division Manager with respect to senior services matters.

' 46-4. Powers and duties of Division of Senior Services.

Under the direction and supervision of the Division Manager of Senior Services, the Division of Senior Services shall:

B. Act as liaison between the Township Council and various senior service agencies and programs, both public and private, on the local, state and federal levels.

C. Actively seek out and advise Township Council of grants, funds and loans which may be available for senior services and related programs.

' 46-5. Division of Youth Services

There is hereby created, within the Department of Health, Human Services and Human Resources, the Division of Youth Services, the head of which shall be the Division Manager of Youth Services, who shall have a bachelor's degree in behavioral sciences and five years' experience in youth service activities or a master's degree and three years' experience in youth service activities and who shall be a regular employee of the Township. . The Division Manager of Youth Services may be assisted by the Deputy Division Manager of Youth Services, who will assist the Division Manager with respect to youth services matters.

' 46-6. Powers and duties of Division of Youth Services.

Under the direction and supervision of the Division Manager of Youth Services, the Division of Youth Services shall:

C. Actively seek out and advise Township Council of grants, funds and loans which may be available for youth services and related programs.

' 46-7. Division of Human Resources established.

There is hereby created a Division of Human Resources, the head of which shall be the Division Manager of Human Resources.

' 46-8. Duties and responsibilities.

The Division Manager of the Division of Human Resources shall be responsible for:

A. Develop and administer the Township= s Human Resources program, including up-to-date job classifications and pay plans, active recruitment of needed personnel and in-service training programs.

B. Design, install and maintain personnel records for each Township officer and employee, including a job description and qualifications required, the education, training and experience of the employee, any professional or trade licenses held, all personnel actions taken with respect to the employee, compensation, pension status, the Merit System Board and any other such information deemed pertinent at the discretion of the Division Manager.

C. Develop, install and administer an orderly procedure for the consideration, review and adjustment of employee grievances subject to any requirements in collective bargaining agreements.

D. Coordinate the processes of appointment and removal of municipal employees within the various departments with other Department heads and the Mayor, and to this end, review and recommend proposed procedures.

E. Maintain a continuing review and analysis of budget operations, work programs and costs of municipal services.

F. As directed by the Mayor or Business Administrator, assign and transfer employees temporarily, from one department to another as efficient administration may require, provided that such assignment or transfer shall not affect classification within the State, Department of Personnel, status or compensation of any employee.

G. Develop, prescribe and enforce rules and regulations for the efficient management of the Township government, so as to avoid any duplication or overlapping of effort among the departments or among units within a department, and for the improvement of methods and procedures of administration.

H. Assign office space, furniture and facilities among and within departments.

I. Conduct entrance and exit interviews of employees.

J. Attend meetings and conferences at the request of Council.

K. Monitor labor relations and negotiations and regularly advise the

Township Attorney of any labor issues.

L. Monitor and administer employee fringe benefit programs, as applicable.

§ 46-9. Division of Animal Control

There is hereby established within the Department of Health, Human Services and Human Resources the Division of Animal Control, the head of which shall be the Division Manager of Animal Control. The Division of Animal Control shall be responsible for administering Chapter 165, Animals and Animal Establishments, as well as any other duties as directed by the Director of Health, Human Services and Human Resources.

' 46-10. Board of Health

There is hereby created within the Department of Health, Human Services and Human Resources, the Board of Health. The Board of Health shall be composed of seven members, whom shall be appointed by the Township Council in accordance with the authority within N.J.S.A. 26:3-5. There is hereby created the position of Board of Health secretary, whose duties shall be prescribed by the Board of Health.

' 46-11. Office of Township Physician

There is hereby created the office of Township Physician. The Township Physician shall conduct all required physical examinations for all Township employees except for those of the Police Department, which examinations shall be conducted by the Police Physician or Police Surgeon. The Township Physician shall be appointed pursuant to law and shall receive such compensation and perform such duties as provided by law. There shall be no more than two individuals who shall hold the office of Township Physician.

§ 46-12 Municipal Alliance Committee; Establishment.

There shall be established a Municipal Alliance Committee on Alcoholism and Drug Abuse within the Department of Health, Human Services and Human Resources.

Membership on the Municipal Alliance Committee shall be appointed by the Mayor with the advice and consent of the Township Council and shall include but not necessarily be limited to representatives of the following groups:

A. A Mayoral representative.

B. The Chief of Police.

C. The President of the School Board.

D. The Superintendent of Schools.

E. The Student Assistant Coordinator.

F. A representative of the PTA.

G. A representative of the local bargaining unit for teachers.

H. A representative of the Chamber of Commerce.

I. A representative of organized labor.

J. A representative of the court system.

K. A representative of a local civic association.

L. A representative of a local treatment provider agency.

M. A representative of a local religious group.

N. A youth representative.

O. A recovered substance abuser.

The purposes of the Municipal Alliance Committee shall include the following:

The functions of the Municipal Alliance Committee shall be:

E. To assist the municipality in acquiring funds for Alliance programs.

§ 46-16. Municipal Alliance Coordinator; position created

To be appointed to the position of Municipal Alliance Coordinator for the Township of Dover, an individual must possess the following qualifications:

§ 48-1 Department of Law and Community Development; Director; Qualifications.

There is hereby created the Department of Law and Community Development, the head of which shall be the Director of Law and Community Development, whom shall be the Township Attorney. To be appointed to the position of Director of Law and Community Development, an individual shall meet the following requirements:

§ 48-2 Duties of the Director of Law and Community Development.

A. He or she shall keep accurate records and books of account of all transactions as Director and of the work and transactions of his Department. He or she shall prepare budget recommendations for the Department and shall have full charge and management of the functions of the Department of Law and Community Development.

B. He or she shall render to the Mayor and Township Council such reports, recommendations, drawings or other documents as may be required, at regular stated intervals or on special request therefor. He or she shall hold himself available for consultation and advice to all municipal officials and municipal boards or commissions and shall prepare and present to the Mayor and Township Council short- and long-range recommendations for the improvement of the Township in the areas within the functions and duties of his Department.

C. He or she shall perform any and all duties as Township Attorney.

§ 48-3 Functions and duties.

In addition to any specific duties and obligations delineated herein, the Department of Law and Community Development shall:

A.. Prepare needed reports, establish and maintain records and files and assist in the promulgation of municipal ordinances.

B. Enforce the Zoning Ordinance of the Township of Dover.

C. Issue zoning permits in the Township of Dover.

D. Issue flood hazard letters in writing, when requested.

E. Answer all inquiries with regard to zoning.

F. Keep a record of all applications for permits and of all permits and certificates issued with a notation of all special conditions involved.

G. File and safely keep copies of all proposed development plans submitted.

H. Collect and record fees for zoning permits and flood letters.

I. Prepare monthly reports for the Township Council summarizing all zoning permits and flood hazard letters issued by said Department, a copy of which shall also be given to the Tax Assessor.

§ 48-4 Divisions of Department of Law and Community Development.

Within the Department of Law and Community Development, there shall be the following divisions:

A. Division of Law

B. Division of Engineering

C. Division of Conservation and Natural Resources

D. Division of Economic Development

E. Division of Land Use Regulation

F. Division of Code Enforcement

§ 48-5 Division of Law.

There shall be a Division of Law, the head of which shall be the Township Attorney. The Township Attorney and the First and Second Assistant Township Attorneys shall be full-time and shall receive such compensation in accordance with the current Salary Ordinance. The Township Attorney, First Assistant Township Attorney and Second Assistant Township Attorney shall be deemed exempt employees pursuant to the Fair Labor Standards Act and regulations promulgated therewith.

The Township Attorney, Assistant Township Attorneys and any Special Counsel shall be counselors at law duly admitted to practice of law in the State of New Jersey for at least five (5) years.

The Township Attorney shall be a legal advisor to the Mayor, Council and all departments, except as otherwise provided by the Charter or the Township Code. He or she shall prosecute and defend actions and proceedings by and against the town and every department thereof. In furtherance of these general powers and without limitation thereto, he or she shall:

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

3. Institute litigation and conduct appeals from orders, decisions or judgments affecting any interest of the Township as he or she may in his or her discretion determine to be necessary or desirable, subject to the approval of the Council.

4. Subject to the approval of Council, have the power to enter into any agreement, compromise or settlement of any litigation in which the Township is involved.

5. Render opinions in writing upon any question of law submitted to him or her by the Mayor, the Council, the Business Administrator, Municipal Clerk, Tax Assessor, or the head of any department in a prompt manner.

8. Attend such Council meetings as requested by Council.

There is hereby created the position of Assistant Township Attorney, whom shall assist the Township Attorney in his or her duties pursuant to the provisions of this Chapter above as legal advisor to the Mayor, Council and all departments, except as otherwise provided by the Charter or the Township Code. The First Assistant Township Attorney shall be supervisor to the Second Assistant Township Attorney.

There is hereby created the position of Second Assistant Township Attorney, whom shall assist the Township Attorney in his or her duties pursuant to the provisions of this Chapter above as legal advisor to the Mayor, Council and all departments, except as otherwise provided by the Charter or the Township Code.

' 48-8 Special counsel.

Whenever in the opinion of the Township Attorney, special counsel should be appointed to handle specific litigations or matters, the Township Attorney shall provide his or her recommendation in writing to the Mayor and Township Council. Special counsel may only be appointed by resolution of the governing body. Such appointments shall be on a contractual basis and subject to contractual approval by the Council as required under Local Public Contracts Law.

' 48-9. Division of Engineering

There is hereby created the Division of Engineering, the head of which shall be the Township Engineer. He or she shall be a licensed Professional Engineer of the State of New Jersey.

' 48-10. Powers and Duties of Township Engineer

The Township Engineer shall perform such duties as are prescribed by general law and ordinance and, in addition, shall:

' 48-11 Surrender of township property on termination of service.

All papers, documents, memoranda, reports and other materials relating to the administration of engineering duties of the engineer shall be and remain the property of the Township. Upon termination of his or her services with the Township, the engineer shall forthwith surrender to any successor all such property.

' 48-12 Special Consulting Engineers

Whenever, in the opinion of the Township Engineer, special consulting engineers should be appointed for a specific or particular project or matter, the Township Engineer shall provide a recommendation in writing to the Mayor and Township Council. Special Counsel may only be appointed by resolution of the governing body.

There is hereby created a Division of Conservation and Natural Resources, the head of which shall be the Conservation Officer. The Conservation Officer shall act as a liaison to the Environmental Commission and Historic Preservation Commission and shall have such duties as prescribed by the Director of Law and Community Development and as delineated elsewhere throughout this Code.

§ 48-14 Division of Economic Development

There is hereby created a Division of Economic Development within the Department of Law and Community Development, the head of which shall be the Division Manager of Economic Development. As head of this Division, the Division Manager shall have the following duties:

A. Actively seek out and advise the Council of grants, funds and loans available for various projects and programs in the Township, including but not limited to, Community Development Block Grant program administered by the Office of Housing and Urban Development.

B. Act as liaison to the District Management Corporation for the Special Improvement District.

C. Act as liaison to the Industrial Commission.

§ 48- 15 Division of Land Use Regulation

There is hereby created a Division of Land Use Regulation within the Department of Law and Community Development, the head of which shall be the Division Manager of Land Use Regulation. As head of the Division of Land Use Regulation, the Division Manager shall have the following duties:

A. Act as liaison to the Planning Board.

B. Act as liaison to the Zoning Board of Adjustment.

C. Act as liaison for the Rent Leveling Board.

D. Supervise and advise the Zoning Officer in the performance of his or her duties.

§ 48-16 Zoning Officer.

A. Position created. There is hereby created the position of Zoning Officer of the Township of Dover.

B. Duties. The duties of the Zoning Officer shall be as follows:

(1)To enforce the zoning ordinances of the Township of Dover.

(2)To issue zoning permits.

(3)To issue flood hazard letters in writing when requested.

(4)To answer all inquiries with regard to zoning.

(5)To keep a record of all applications for permits and of all permits and certificates issued, with a notation of all special conditions involved.

(6)To file and safely keep copies of all plans submitted.

(7)To collect and record fees for zoning permits and flood letters.

(8)To prepare a monthly report for the Mayor and Township Council summarizing all activity of the previous months concerning the duties of the Zoning Officer.

C. The Zoning Officer shall be deemed to be the administrative officer as defined in N.J.S.A. 40:55D-3 and shall also issue certifications on behalf of the Township of Dover certifying whether or not a subdivision has been approved by the Dover Township Planning Board, in accordance with N.J.S.A. 40:55D-56 and, in general, shall coordinate the efforts of the Planning Board of the Township of Dover and have such other duties or responsibilities as may, from time to time, be imposed with regard to the Planning Board.

D. The Zoning Officer shall conduct field inspections and special investigations to ensure compliance with various municipal ordinances, initiate and enforce rules and regulations in relation to enforcement of ordinances, initiate necessary legal action against violators of various municipal ordinances, prepare needed reports, establish and maintain the records and files and may assist in the promulgation of municipal ordinances.

§ 48-17 Deputy Zoning Officer.

There is hereby created the position of Deputy Zoning Officer.. The duties of the Deputy Zoning Officer shall be:

(1)To assist the Zoning Officer to enforce the zoning ordinances of the Township of Dover.

(2)To perform all of the duties of the Zoning Officer at his direction or in his absence.

§ 48-18 Planning Board support staff.

For purposes of administration, the Planning Board secretary and other clerical support staff of the Planning Board shall be under the auspices of the Department of Law and Community Development.

§ 48-19 Zoning Board of Adjustment support staff.

For purposes of administration, the Planning Board secretary and other clerical support staff of the Zoning Board of Adjustment shall be under the auspices of the Department of Law and Community Development.

§ 48- 20 Rent Leveling board support staff.

For purposes of administration, the Rent Leveling secretary and other clerical support staff of the Rent Leveling Board shall be under auspices of the Department of Law and Community Development.

§ 48-21 Division of Code Enforcement

There is hereby created within the Department of Law and Community Development, a Division of Code Enforcement, the head of which shall be the Code Enforcement Officer. The Division of Code Enforcement shall:

A. Conduct field inspections and special investigations to ensure compliance with various municipal ordinances.

B. Initiate and enforce rules and regulations in relation to enforcement of ordinances.

C. Initiate necessary legal action against violators of various municipal ordinances.

D. Perform any other such function as necessary to administer the purpose of this Department.

§ 48-22 Duties; Code Enforcement Officer

There is hereby created a Division of Code Enforcement, the head of which shall be the Code Enforcement Officer. The Code Enforcement Officer shall have the following duties:

' 50-2. Appointments and tenure; leaves of absence.

ARTICLE II, Organization

The following offices and positions, and the authorized number of such offices, if so limited, are hereby established:

I. Communications Dispatcher

I Confidential Secretary to the Chief of Police

J. Records Supervisor.

K. Secretary.

L. Bookkeeper.

M. Records Attendant, full and part time.

P. Public Administrative Aide. To be appointed when

Divisions, bureaus and special positions may be established by the Chief of Police by regulations as hereinafter provided, except that such regulations shall provide for Detective and Safety Bureaus and shall be subject to the approval of the Business Administrator in his or her capacity as Appropriate Authority. Promotions to Detective and Traffic Safety Officer shall be made after considering the recommendations of the Chief of Police.

The Township may appoint from time to time special law enforcement officers in accordance with N.J.S.A. 40A:14-146.8 et seq. for terms not exceeding one year. They shall possess and exercise all the powers and duties provided by said statutes during their term in office, but shall not be continued as regular members of the Law Enforcement Department and shall not be entitled to tenure. The Chief of Police may authorize special law enforcement officers when on duty to exercise the same powers and authority as regular members of the Law Enforcement Department, including the carrying of firearms and the power of arrest in accordance with N.J.S.A. 40A:14-146.15. Additionally, auxiliary police officers may be appointed pursuant to Law Enforcement Departmental Policies and Procedures.

There is hereby created the position of Police Physician for the purpose of conducting examinations and providing medical services for personnel of the Department of Law Enforcement. There is also created the offices of Police Psychologist/Psychiatrist, Police Surgeon and Police Orthopedic Physician. The duties of Police Psychologist/Psychiatrist, Police Physician, Police Surgeon and Police Orthopedic Physician shall be as provided by law, and they shall receive such compensation as annually provided for in the applicable contract as negotiated by the Mayor and approved by the Township Council.

' 50-7. Limitation on number of positions.

Where no specific number of authorized positions is indicated herein, the number shall be limited only insofar as appointments to such positions are made from time to time by the Township, pursuant to this Code and other applicable laws and regulations.

In addition to the specific qualifications for appointment to police officer as required by N.J.S.A. 40A:14-122, or special law enforcement officer as required by N.J.S.A. 40A:14-146.10, the following general qualifications shall apply. No person shall be appointed an officer in the Department unless that person:

' 50-10 Police officers.

In addition to the minimum requirements set forth in this article, the following qualifications are a prerequisite for appointment to the position of police officer:

' 50-11. Promotions.