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Middletown workshop examines moving public works director into union and removing PE requirement
Summary
City attorneys and the acting public works director told Middletown council members the proposed MOU would place the director of public works into the UPSU bargaining unit and remove the professional-engineer license requirement from the job description to broaden recruitment.
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Middletown officials spent the Oct. 7 workshop debating a proposal to move the director of public works into the union and strip a professional-engineer (PE) license from the position’s minimum qualifications to widen the candidate pool. Deputy General Counsel Corey Wisniewski told the council the mayor negotiated a memorandum of understanding (MOU) to voluntarily recognize the position as part of the UPSU bargaining unit; the MOU was signed by the union on 05/31/2024 and by the mayor on 06/03/2024, Wisniewski said.
Council members were told HR’s initial recruitment produced five applicants and only one qualified candidate, who declined the job, prompting a new search. Wisniewski said the change under consideration removes language that “requires a professional possession of a professional engineering license” so the city can cast a wider net for candidates.
Acting Director of Public Works Howard Weisberg testified the director’s responsibilities are primarily administrative — HR, finance, contracts and overall department management — and that detailed engineering review and stamping are handled by the city engineer and deputy director, who hold PEs. “If the director of public works person is doing their job correctly, they are not doing professional engineering,” Weisberg said, arguing that experience in public-works leadership and management could be more valuable than a PE for the role.
Some council members pressed on related implications. Councilman Vincent J. Lofredo asked whether residency waivers have been granted historically for department heads; Wisniewski confirmed waivers have been both granted and denied and noted that moving the position into a bargaining unit can remove residency requirements under provisions of MIRA as they presented it.
Supporters framed the change as pragmatic: department leaders described the public works director role as overseeing a multi-division operation and said the department already employs licensed engineers in subordinate roles. Opponents and questioners sought clarity on the recruitment record, the legal basis for the MOU, and whether the mayor acted within his authority to sign an MOU that the council contended should be aware of; Wisniewski said MOUs without financial impact need not be submitted to the council under the charter.
The workshop did not produce a final vote on the job description or MOU; staff said they will proceed with follow-up (including revised recruitment) and return to the council as appropriate. The council adjourned the workshop at 6:52 p.m. and planned to reconvene for the regular meeting at 7:00 p.m.
