There shall be an office of the Clerk, the head of which shall
be the Municipal Clerk. The Municipal Clerk shall be appointed by
the Council and shall, prior to appointment, be qualified by training
and experience to perform the duties of the office. The Clerk shall
serve for a term of three years, except where the Clerk has, pursuant
to law, received tenure, and the Clerk shall receive compensation
as provided by ordinance.
The Clerk, or such Deputy Clerk as may be designated by the
Clerk and Township Council, shall serve as Clerk of the Township Council
and as secretary of any special legislative committees of the Council
appointed pursuant to the Charter. The Clerk or designated Deputy
Clerk shall attend all public meetings of the Council and of such
committees when required by the chairperson thereof and shall keep
the minutes of the proceedings of the Council and of such committees.
The minutes of each meeting of the Council shall be signed by the
officer presiding at the meeting and by the Clerk or designated Deputy
Clerk.
A.
The Clerk shall engross all ordinances and all resolutions of a permanent
character in books to be provided for that purpose. After each ordinance,
the Clerk shall also engross and certify the proof of publication
thereof as required by law. Each ordinance and resolution so engrossed
shall be signed by the Mayor and the Clerk, who shall attest that
it was duly adopted upon a date stated, and when so signed, the engrossed
copy shall be deemed to be a public record of the ordinance or resolution.
Any omission by the Clerk or the Mayor to engross, sign or certify
as herein required shall not impair or affect the validity of any
ordinance which has been duly adopted.
B.
At the close of each year, the Clerk, with the advice and assistance
of the Township Solicitor, shall bind, compile or codify all the ordinances
and resolutions, or true copies thereof, which then remain in force
and effect. The Clerk shall also properly index the record books,
compilation or codification of ordinances and resolutions.
The Clerk shall have custody of and shall safely keep all records,
books and documents of the Township, except those committed by Charter,
statute or ordinance to any other office. The Clerk shall, upon request
and upon the payment of the fees prescribed therefor for the use of
the Township, furnish a certified copy of any such paper in the Clerk's
custody, under the Corporate Seal of the Township. All records, books
and documents required to be kept by the Clerk as custodian and all
other official Township records maintained by any other Township official
shall be maintained at the Township offices.
The Clerk shall cause the Corporate Seal of the Township to
be affixed to instruments and writings when authorized by ordinance
or resolution of the Council or when necessary to exemplify any document
on record in the Clerk's office or to certify any act or paper which,
from the records in the Clerk's office, shall appear to have been
a public act of the Township or a public document. The Clerk shall
not affix the Seal or cause or permit it to be affixed to any other
instrument or writing or other paper, unless required by law or ordinance.
The Clerk, subject to the supervision of the Manager, shall:
A.
Be the depository and custodian of all official surety bonds furnished
by or on account of any officer or employee, except the Clerk's own
bond (which shall be placed in the custody of the Treasurer); of all
insurance policies upon or with respect to risks insured for the benefit
of the Township or to protect it against any claim, demand or liability
whatsoever; and of all formal contracts for work, labor, services,
supplies, equipment, and materials to which the municipality may be
a party.
B.
Be the depository for and have custody of all performance bonds running
to the Township as obligee, or any other form of security given by
any contractor, subdivision developer or other persons on account
of work done or to be done in or for the Township.
C.
Have custody of all leases of property owned by the Township.
D.
Report to the Manager annually, and at such time as the Manager may
require, on the coverage, expiration date and premium of each surety
bond and contract of insurance, the nature and terms of outstanding
leases, the rent reserved by each, and their respective expiration
dates.
No rule or general regulation made by any department, officer,
agency or authority of the municipality, except as it relates to the
organization or internal management of the municipal government or
a part thereof, shall take effect until it is filed with the Municipal
Clerk. The Clerk shall maintain a current compilation of all such
rules and regulations, which shall be available for public inspection
in the Clerk's office during regular business hours.
In addition to such other functions, powers and duties as may
be prescribed by the Charter and ordinances and subject to the supervision
and direction of the Manager, the Clerk shall:
A.
Perform all of the functions required of municipal clerks by the
General Election Law (Title 19 of the Revised Statutes, N.J.S.A. 19:1-1
et seq.) and any other law or ordinance.
B.
Administer the provisions of the Township ordinances with reference
to the licensing of occupations and activities for which licenses
are required by law or ordinance to be obtained from the Clerk.
C.
Issue certificates as to approvals granted pursuant to the Municipal
Land Use Law (N.J.S.A. 40:55D-1 et seq.).
D.
Have such other, different and additional functions, powers and duties
as may be prescribed by law or ordinance, or as may be delegated by
the Manager.
[Amended 4-21-2020 by Ord. No. 2020-10]
There shall be the office of Deputy Clerk, the number of which
shall be determined in accordance with the needs of the community,
as defined and limited by N.J.S.A. 40A:9-135(b). The Deputy shall
be appointed by the Council, and the Council shall define the compensation
and the powers, duties and functions of such office. Among other such
powers, duties and functions delegated to the Deputy by the Council,
in accordance with N.J.S.A. 40A:9-135(b), the Deputy shall serve as
Acting Municipal Clerk during the absence or disability of the Municipal
Clerk, and the Deputy shall have all of the powers and shall perform
all of the duties of the Municipal Clerk during such times.
