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Borough of West Cape May, NJ
Cape May County
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Table of Contents
Table of Contents
[1]
Editor's Note: For Treasurer/Chief Financial Officer see § 2-14.
[N.J.S.A. 40A:9-133; Ord. No. 233-95]
The Borough Clerk shall be appointed by the Board of Commissioners for a term of three years. Prior to appointment, the Borough Clerk shall be qualified by training and experience to perform the duties of the office. No person shall be appointed or reappointed as a Municipal Clerk unless that person holds a Registered Municipal Clerk Certificate issued pursuant to N.J.S.A. 40A:9-133.3 or 40A:9-133.4.
The Borough Clerk shall:
a. 
Perform all the functions required of Municipal Clerks by the General Election Law (Title 19 of the New Jersey Statutes) and any other State law or Borough ordinance, and receive the fees prescribed under such law or ordinance for the use of the Borough.
b. 
Issue all licenses required by law or ordinance and make all reports required by law or ordinance to the Commissioners for all fees received.
c. 
Be the custodian of the Official Seal of the Borough and, when authorized by resolution of the Board of Commissioners, affix the seal to proper documents to which the Borough is a party and attest to the execution of such documents, as well as to the signature of the Mayor and other proper officials on such documents.
d. 
Ensure that all ordinances and notices of the Borough are properly advertised.
e. 
Assume responsibility for the correspondence of the Borough and of the Commissioners.
f. 
Be the depository and custodian of any Official Surety Bonds furnished by or on account of any officer or employee, except his/her own bond which shall be placed in the custody of the Treasurer/Chief Financial Officer; of all insurance policies with respect to risks insured for the benefit of the Borough to protect it from any claim, demand or liability; and of all formal contracts for work, labor, services, supplies, equipment and materials to which the Borough may be a party.
g. 
Be the depository for and have custody of all performance bonds running to the Borough as obligee or any other form of security given by any contractor, subdivision developer or other person on account of work to be done in or for the Borough.
h. 
Have custody of all leases of property owned by the Borough.
i. 
Report to the Commissioners, at such time as they may require, on the coverage, expiration date and premium of each surety bond and contract of insurance; and on the nature and terms of outstanding leases, the rent re-served by each and their respective expiration dates.
j. 
Have any additional functions, powers and duties as may be prescribed by law or ordinance or by direction of the Commissioners.
[Ord. No. 233-95]
Pursuant to N.J.S.A. 40A:9-146 et seq., the Governing Body shall provide for the appointment of a Municipal Tax Assessor and such Deputy Tax Assessors as it may determine necessary.
[Ord. No. 233-95]
The Governing Body shall determine the amount of compensation of the Tax Assessor by ordinance.
[Ord. No. 233-95]
a. 
The Tax Assessor shall hold his office for a term of four years from the first day of July next following his appointment.
b. 
Vacancies other than due to expiration of term shall be filled by appointment for the unexpired term.
[Ord. No. 233-95]
Pursuant to N.J.S.A. 40A:9-148.1, the Tax Assessor shall hold a tax assessor certificate provided for in N.J.S.A. 54:1-35.25 et seq. and shall have the duty of assessing property for the purpose of general taxation.
[Ord. No. 233-95]
The Governing Body may, by resolution or order, set the total number of weekly hours of operation of the Tax Assessor's office and the total number of weekly work hours of the Tax Assessor, commensurate with the compensation paid to the Tax Assessor. The Governing Body shall not set the specific work hours of the Tax Assessor.
Pursuant to N.J.S.A. 40A:9-141 et seq., there shall be a Municipal Tax Collector appointed by the Governing Body. The office of Municipal Tax Collector and Municipal Treasurer or Municipal Clerk may be held by the same person.
[Ord. No. 233-95]
a. 
The Tax Collector shall hold his office for a term of four years from the first day of January next following his appointment.
b. 
Vacancies other than due to expiration of term shall be filled by appointment for the unexpired term.
[Ord. No. 233-95]
No person shall be appointed or reappointed as Municipal Tax Collector unless he shall hold a tax collector certificate issued pursuant to N.J.S.A. 40A:9-141, 40A:9-145.2 and 40A:9-145.3a.
[Ord. No. 233-95]
Any person who holds a tax collector certificate issued pursuant to 40A:9-145.2 and 40A:9-145.3a. and has served as Tax Collector or performed the duties of Tax Collector for not less than four consecutive years immediately prior to reappointment as Tax Collector, or shall have acquired tenure, shall hold his office during good behavior, efficiency and compliance with requirements for continuing education pursuant to 40A:9-145.3a. and b., and shall not be removed therefrom for political reasons but only for good cause shown and after a proper hearing before the Director of the Division of Local Government Services.
[Ord. No. 233-95]
The Governing Body shall determine the amount of compensation of the Tax Collector by ordinance.
[Ord. No. 233-95]
Pursuant to N.J.S.A. 40A:9-145.6, no person shall serve as a Tax Collector who is a member of the Governing Body of a municipality.
[Ord. No. 233-95]
Pursuant to N.J.S.A. 40A:9-139, there shall be a Municipal Attorney appointed by the Governing Body who may be designated as the Corporation Counsel or Municipal Attorney.
[Ord. No. 233-95]
Unless otherwise provided by law, the term of office of the Municipal Attorney shall be one year.
[Ord. No. 233-95]
Pursuant to N.J.S.A. 40A:9-11, a nonresident of any municipality may hold office as Municipal Attorney of such municipality and no such office shall be deemed vacated by a change of residence of any such person.
[Ord. No. 233-95]
Pursuant to N.J.S.A. 40A:9-140, the Governing Body shall provide for the appointment of a Municipal Engineer and fix his compensation in an annual salary or on a fixed fee basis or at an hourly rate and based upon actual time and expenses agreed on prior to the rendering of the services.
[Ord. No. 233-95]
Unless otherwise provided by law, the term of office of the Municipal Engineer shall be three years.
[Ord. No. 233-95]
There is hereby established the office of Municipal Prosecutor pursuant to the authority of N.J.S.A. 2B:12-27.
[Ord. No. 233-95; Ord. No. 441-10]
The Municipal Prosecutor shall appear in the Municipal Court of the Borough of West Cape May on behalf of the State of New Jersey, or the Borough or any agencies or officers thereof. The Municipal Prosecutor shall perform such duties as are prescribed by law including, but not limited to, the prosecution of complaints for violation of:
a. 
Municipal ordinances;
b. 
The provisions of N.J.S.A. 39:1-1, et seq. (Motor Vehicle Act); and
c. 
All other criminal or quasi-criminal statutes of the State of New Jersey within the jurisdiction of the Municipal Court.
[Ord. No. 233-95]
The Municipal Prosecutor shall be appointed for a period of one year and until his successor shall have qualified.
[Ord. No. 233-95]
The Governing Body shall determine the amount of compensation of the Municipal Prosecutor by ordinance.
[1]
Editor's Note: For Public Defender application fees see § 2-41 of this chapter.
[Ord. No. 233-95]
There is hereby established the office of the Municipal Public Defender pursuant to the authority of N.J.S.A. 2B:24-1, et seq.
[Ord. No. 233-95]
The Municipal Public Defender shall be an attorney-at-law of the State of New Jersey in good standing and shall serve for a term of one year from the date of his appointment, and may continue to serve in office pending reappointment or appointment of a successor. The Public Defender may also serve in that position in other municipal courts. The Public Defender need not reside in the Borough of West Cape May.
[Ord. No. 233-95]
The position of Emergency Management Coordinator is hereby created.
[Ord. No. 233-95]
a. 
The Emergency Management Coordinator shall be responsible for the development, coordination and activation of a municipal mutual aid and emergency management plan; shall request, when needed, emergency management facilities and services available from the County and State governments, and shall perform such duties as the Governing Body may direct.
b. 
Whenever, in the opinion of the Coordinator, a disaster has occurred or is imminent in the Borough of West Cape May, he shall proclaim a State of Local Disaster Emergency within the Borough. The Emergency Management Coordinator, in accordance with regulations promulgated by the State Director of Emergency Management, shall be empowered to issue and enforce such orders as may be necessary to implement and carry out emergency management operations and to protect the health, safety and resources of the residents of the Borough.