[1971 Code § 2-7.1; New]
There shall be a Municipal Clerk appointed by the Mayor and
with the advice and consent of the Borough Council. The term of office
of the Clerk shall be three years which shall run from January 1 in
the year in which the Clerk was appointed. Tenure provisions pursuant
to State Statute shall apply.
[New]
No person shall be appointed or reappointed as Municipal Clerk
unless he shall have a Registered Municipal Clerk Certificate issued
pursuant to N.J.S.A. 40A:9-133 et seq.
[New]
The Municipal Clerk shall receive compensation as established
by the Borough Council in the Salary Ordinance.
[1971 Code §§ 2-7.1; 2-7.2; N.J.S.A. 40A:9-133;
amended 12-16-2008 by Ord. No.
08-22; 12-9-2023 by Ord. No. 2023-21]
a.
Duties Pursuant to the Statute. Pursuant to N.J.S.A. 40A:9-133, the
Municipal Clerk shall:
1.
Act as secretary of the municipal corporation and custodian of the
municipal seal and of all minutes, books, deeds, bonds, contracts,
and archival records of the municipal corporation. The Borough Council
may, however, provide by ordinance that any other specific officer
shall have custody of any specific other class of record;
2.
Act as secretary to the Governing Body, prepare meeting agendas at
the discretion of the Governing Body, be present at all meetings of
the Council, keep a journal of the proceedings of every meeting, retain
the original copies of all ordinances and resolutions, and record
the minutes of every meeting;
3.
Serve as the chief administrative officer in all elections held in
the Borough, subject to the requirements of Title 19 of the New Jersey
Statutes Annotated;
4.
Serve as chief registrar of voters in the Borough, subject to the
requirements of Title 19 of the New Jersey Statutes Annotated;
5.
Serve as the administrative officer responsible for the acceptance
of applications for licenses and permits and the issuance of licenses
and permits, except where Statute or ordinance has delegated that
responsibility to some other Borough officer;
6.
Serve as coordinator and records manager responsible for implementing
local archives and records retention programs as mandated pursuant
to Title 47 of the New Jersey Statutes Annotated;
7.
Perform such other duties as are now or hereafter imposed by Statute,
regulation or by ordinance.
b.
Duties pursuant to ordinances:
1.
The Municipal Clerk shall attend all meetings of the Council and
of Council Committees when required by the chairmen and shall keep
the minutes of the meetings of the Council and the Committees. The
minutes of each meeting of the Council shall be signed by the Municipal
Clerk.
2.
Ordinances and Resolutions.
(a)
The Clerk shall record all ordinances in books to be provided
for that purpose. After each ordinance he shall record and certify
the proof of its publication as required by law. Each ordinance so
recorded shall be signed by the Mayor and the Clerk, who shall attest
that it was adopted on a date stated, and when so signed the recorded
copy shall be deemed to be a public record of the ordinance. Any omission
by the Clerk or the Mayor to record, sign or certify shall not impair
or affect the validity of an ordinance which has been duly adopted.
(b)
Periodically, as determined by the Borough Council, the Clerk
shall compile at least two copies of all ordinances that have been
adopted since the previous revision or supplement and forward them
to a company selected by the Council to prepare a supplement to the
Code.
(c)
The Clerk shall compile annually, in the order of their adoption,
all resolutions adopted by the Council during the year and shall preserve
them.
3.
Custodian of Records. The Clerk shall have custody of and shall safely
keep all records, books and documents of the Borough except those
committed to any other office by ordinance, by resolution or by law.
On request and on the payment of the fees prescribed therefor, the
Clerk shall furnish a certified copy of any paper in his custody under
the corporate seal of the Borough.
4.
Corporate Seal. The Clerk shall cause the corporate seal of the Borough
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 his office, or to certify any act or paper which from
the records in his office shall appear to have been a public act of
the Borough or a public document.
5.
Insurance: Surety Bonds; Contracts. Subject to the supervision of
the Council, the Clerk shall:
(a)
Be the depository for and the custodian of all official surety
bonds furnished by or on account of any officer or employee, except
his own bond which shall be placed in the custody of the Treasurer;
of all insurance policies on or with respect to risks insured for
the benefit of the Borough or to protect it against any claim, demand
or liability; and all formal contracts for work, labor, services,
supplies, equipment and materials to which the Borough may be a party.
(b)
Be the depository for and the custodian of all performance bonds
running to the Borough as obligee, or any other form of security given
by a contractor, subdivision developer or other persons on account
of work done or to be done in or for the Borough.
(c)
Have custody of all leases of property owned by the Borough.
(d)
Report to the Council annually, at such times as the Council
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.
6.
Administrative Rules and Regulations; Filing and Publication. The
Clerk shall maintain a current compilation of all rules and regulations,
which shall be available for public inspection in his office during
business hours. No rule or general regulation made by a department,
officer, agency or authority of the Borough, unless 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 Clerk.
The Clerk shall be the administrative agent for the acceptance and
compliance with all OPRA requests for the Borough of Matawan excluding
the Borough of Matawan Police Department.
c.
Other Laws and Ordinances. In addition to other functions, powers,
and duties prescribed by ordinance and subject to the supervision
and direction of the Council, the clerk shall have such other, different
and additional functions, powers and duties as may be prescribed by
law or ordinance or delegated to him by the Council.
d.
Borough Clerk Reports to Council. Every department, board, commission,
agency and other body within the Borough government shall file a full
report of its finances and activities with the Borough Clerk for presentation
to the Council annually or at such more frequent intervals as the
Council shall require.
[1971 Code § 2-7.1A]
a.
Office Created. The office of Deputy Municipal Clerk is hereby created
in and for the Borough of Matawan by and subject to the provisions
of this chapter and in accordance with New Jersey Statutes 40A:9-135
and 40:87-15.
b.
Appointment; Term of Office. The Deputy Municipal Clerk shall be
appointed by the Mayor with the advice and consent of the Council.
The Deputy Municipal Clerk shall hold office for one year and until
their successors shall have qualified.
c.
Compensation. The Deputy Municipal Clerk shall receive such compensation
as shall be established in the Salary Ordinance of the Borough of
Matawan.
d.
Purpose. The position of Deputy Municipal Clerk is created for the
purpose of relieving and assisting the Municipal Clerk with the duties
imposed on her by ordinance and statutes.
e.
Administrative Responsibilities. The Deputy Municipal Clerk shall
assist the Municipal Clerk in the operation of the office of the Clerk
and shall act as the Clerk in the absence of the Municipal Clerk.
f.
Duties. The Deputy Municipal Clerk shall generally assist the Municipal
Clerk. The Deputy Municipal Clerk shall work under the supervision,
direction, and control of the Municipal Clerk and shall report to
her in such a manner as required by the Municipal Clerk. In the absence
of the Municipal Clerk, the Deputy Municipal Clerk shall assume those
duties assigned to the Municipal Clerk.
[1971 Code § 2-7.9]
The Business Administrator shall be appointed by the Mayor with
the advice and consent of the Council for a term of office which shall
be at the pleasure of the Governing Body. He shall be appointed solely
because of his executive and business administration qualifications
with special reference to his actual training in governmental affairs
as evidenced by completion of a Bachelor's Degree in Business Administration
or a related area. Applications for the position of Business Administrator
shall be directed to the Finance Committee for review.
He or a representative shall attend all regular Council meetings
and Council agenda meetings and shall attend Council Committee meetings
only when required by the chairmen.
[1971 Code § 2-7.10; New]
In addition to the powers granted by Statute to administer the
business affairs of the Borough, the following powers, duties, and
responsibilities are delegated to the Business Administrator under
the direction and supervision of the Borough Council and Finance Committee
thereof:
a.
To coordinate the Business Administration activities and responsibilities
in all municipal departments, divisions, boards and commissions.
b.
To prepare and coordinate for the Council's consideration and approval,
the annual municipal budget, to make an annual report, and to make
recommendations in regard to revenues, appropriations and expenditures.
c.
To keep the Mayor and Council advised of the financial condition
and future needs of the Borough and to make recommendations for business
efficiency.
d.
To apply for and obtain any County, State, or Federal grants or subsidies
to which the Borough is entitled.
e.
To establish and develop central purchasing procedures and inventory
control records.
f.
To respond to day-to-day business problems of the Borough; to reply
to resident inquiries and refer and handle complaints; to communicate
with citizens and maintain good public relations.
g.
To represent the Borough, when requested, at designated meetings
and functions.
h.
To coordinate worthwhile endeavors for the general development of
the Borough, its properties, facilities, land and general business
and welfare.
i.
To carry out any other powers, duties and responsibilities delegated
by the Mayor and Council.
j.
To prepare and disseminate to the Mayor and Council a monthly report
of ongoing projects and issues of concern to the Mayor and Council
and the status or progress of those issues.
[New]
The Business Administrator shall receive such compensation as
shall be established in the Salary Ordinance of the Borough of Matawan.
[1971 Code § 2-7.11]
Before separation from the Borough at the conclusion of his
appointment or resignation, and simultaneous with his receipt of separation
pay from the Borough, the Business Administration shall render a report
in writing on all activities of the Borough from the date of last
report to the date of separation.
[1971 Code § 2-7.12]
The Business Administrator may be removed from office in accordance
with the provisions of N.J.S.A. 40A:9-138.
