[HISTORY: Adopted by the Mayor and Council
of the Borough of Chatham 2-25-2008 by Ord. No. 08-02; amended in its entirety
6-12-2017 by Ord. No. 17-07. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Administrative Code — See Ch. 2.
The purpose of this chapter is to foster the openness of government
and provide citizens with information concerning the various appointed
municipal positions which exist within the Borough of Chatham. The
chapter further provides for a procedure whereby a citizen can indicate
his/her desire to serve in a particular appointed municipal position.
The chapter also provides for a notification process so that those
citizens who have indicated a desire to hold an appointed municipal
position will be notified when that position is under consideration
for appointment and will be notified as to the action that was taken
with respect to such position.
The following terms as used in this chapter shall have the meanings
set forth below unless the context within which the term is used clearly
provides for a different meaning:
Any appointed position within the Borough of Chatham, which
is created by statutory law, or by Borough ordinance or resolution,
excluding positions required to be filled by municipal employees (such
as Borough Engineer). Examples of such positions are members of any
board, commission, agency, or committee of the Borough.
The official or body which by virtue of statutory law or
by ordinance or resolution is given the authority to appoint a person
to hold a particular appointed municipal position.
The Borough Clerk shall cause a register of appointed municipal
positions to be prepared and maintained in accordance with N.J.S.A.
40A:9-9.2a. Such register shall be made available in the Clerk's
office and on the Borough website.
The Borough Clerk shall maintain a current listing of existing
vacancies for all appointed municipal positions. Such list shall be
made available free of charge at the Borough Clerk's office and
shall, in addition, be posted on a bulletin board maintained for public
announcements in Borough Hall and on the Borough website.
The Municipal Clerk shall maintain an application form to be
completed by any person interested in serving in an appointed municipal
position in accordance with N.J.S.A. 40A:9-9.2b(2).
A.
Any
person interested in serving in an appointed municipal position shall
file an application for such position with the Borough Clerk. Such
application(s) may be filed at any time, whether or not the appointed
municipal position sought is vacant. A person may withdraw his or
her application at any time.
B.
The
Borough Clerk shall be responsible to reply and acknowledge receipt
of the completed application form. An electronic signature is acceptable
for the purpose of deeming the application complete.
The Borough Clerk shall maintain all filed applications in a
file or binder, segregated for each authority, board or commission.
Applications shall be considered void after two years unless renewed
by the applicant.
A.
Whenever
a vacancy in any appointed municipal position shall occur or exist,
the Borough Clerk shall notify each person having submitted an application
for the appointed municipal position of said vacancy. Prior to filling
any appointed municipal position, the appropriate appointing authority
shall review each application filed for that position. The appointing
authority shall conduct such review, investigation and/or interviews
as the appointing authority deems necessary or advisable in its discretion.
Where an appointment must be approved by the Borough Council, a copy
of the selected individual's application should be sent to the
Council at least one week prior to the meeting at which the appointment
is to be made. After a decision is reached to fill a vacant appointed
municipal position, all those who had submitted an application for
that position shall be notified of the appointing decision.
B.
Notwithstanding
anything contained herein to the contrary, the appointing authority
may appoint an alternate member on such authority, board or commission
a full or regular member without considering other applicants.
On or before October 1 of each year, the Borough Clerk shall
send a letter to all persons serving in appointed municipal positions
whose terms are expiring at the end of the year to ask whether he/she
wishes to be reappointed. The failure to respond to the Borough Clerk's
letter by October 31 may be interpreted to mean that the person does
not wish to be reappointed to an appointed municipal position.
A.
Whenever a vacancy shall be deemed to have occurred pursuant to the
reasons set forth under N.J.S.A. 40A:9-12.1 the appointing authority
shall forthwith fill the office for the unexpired term in the manner
prescribed by law, ordinance or resolution.
B.
In accordance with N.J.S.A. 40A:9-12.1g, an appointed municipal position
shall be deemed vacant whenever a member of a board, commission, agency,
or committee of the Borough, without being excused by a majority of
the authorized members of such body, fails to attend and participate
at meetings of the body for a period of eight consecutive weeks, or
for four consecutive regular meetings, whichever shall be of longer
duration, provided that such body shall notify the appointing authority
in writing of such determination and that such body may refuse to
excuse only with respect to those failures to attend and participate
which are not due to legitimate illness.
