[Amended 3-2-1992 by Ord. No. 7-92]
There shall be an office of the Municipal Clerk,
the head of which shall be the Municipal Clerk. The Municipal Clerk
shall be appointed, pursuant to N.J.S.A. 40:69A-38, by the Council
and shall, prior to his appointment obtain certification as a registered
municipal clerk in compliance with N.J.S.A. 40A:9-133 and shall receive
such compensation as shall be provided by the Salary Ordinance of
the Township.
The Clerk shall serve as Clerk of the Council
and as secretary of any special legislative committees of the Council
appointed pursuant to the Charter. He shall attend all meetings of
the Council and of such committees when required by the Chairman thereof
and shall keep the minutes of the proceedings of the Council and such
committees. The minutes of each meeting of the Council shall be signed
by the officer presiding at the meeting and by the Clerk.
A.
The Clerk shall record all ordinances and all resolutions
of a permanent character in books to be provided for that purpose.
After each ordinance, he shall also record and certify the proof of
publication thereof as required by law. Each ordinance so recorded
shall be signed by the Mayor, Attorney, Council President and the
Clerk, who shall attest that it was duly adopted upon a date stated,
and when so signed, the recorded copy shall be deemed to be a public
record of the ordinance. Any omission to record, sign or certify as
herein required shall not impair or affect the validity of any ordinance
which has been duly adopted. Each resolution so recorded shall be
signed by the Clerk and Township Council President.
[Amended 6-12-2006 by Ord. No. 27-2006]
B.
At the close of each year, the Clerk, with the advice
and assistance of the Municipal Attorney, shall bind, compile or codify
all ordinances and resolutions or true copies thereof which then remain
in force and effect. He shall also properly index the record books,
compilation or codification of ordinances and resolutions.
[Added 3-2-1992 by Ord. No. 7-92; amended 2-13-1996 by Ord. No.
5-96]
There shall be an office of the Deputy Municipal
Clerk in accordance with N.J.S.A. 40A:9-135. The Deputy Municipal
Clerk shall be appointed by the Council and shall serve a term of
three years. During the absence or disability of the Municipal Clerk,
the Deputy Municipal Clerk shall have all powers of the Municipal
Clerk and shall perform the functions and duties of such office until
such time as the Municipal Clerk returns to office or the Council
appoints a successor Municipal Clerk. The Deputy Municipal Clerk shall
receive such compensation as shall be provided by resolution of the
Township. The Deputy Township Clerk shall apply and obtain his/her
license as a registered municipal clerk according to the requirements
of the Department of Community Affairs and the NJ Municipal Clerks
Association.
[Added 2-13-1996 by Ord. No. 5-96; amended 1-9-2006 by Ord. No. 38-2005]
There shall be an office of the Assistant Deputy
Municipal Clerk. The Assistant Deputy Municipal Clerk shall serve
during the absence or disability of the Municipal Clerk and Deputy
Municipal Clerk. The Assistant Deputy Municipal Clerk shall receive
such compensation as shall be provided by resolution of the Township.
The Assistant Deputy Municipal Clerk shall apply and obtain his or
her license as a registered municipal clerk according to the requirements
of the New Jersey Department of Community Affairs and NJ Municipal
Clerk's Association.
[Amended 1-9-2006 by Ord. No. 38-2005]
The Clerk shall have custody of and safely keep all records, books and documents of the Township, except those committed by Charter or ordinance to any other office. He shall, upon request and upon the payment of the fees prescribed in Chapter 380, Records, Public, for the use of the Township, furnish a certified copy of any such paper in his custody, under the Corporate Seal of the Township.
The Clerk shall cause the Corporate Seal 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 appears to have been a public act of the
Township or a public document. He 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 shall:
A.
Be the depository and 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 Township
Treasurer; all insurance policies upon or with respect to risks insured
for the benefits of the Township or to protect it against any claim,
demand or liability whatsoever; and all formal contracts for work,
labor, services, supplies, equipment and materials to which the municipality
may be a party.
B.
Have custody of all leases of property owned by the
Township.
C.
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 person on
account of work done or to be done in or for the Township and maintain
a reference file on such items.
D.
Report to the Mayor annually, at such time as the
Mayor 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.
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 Mayor, the Clerk shall:
A.
Perform all the functions required of municipal clerks
by the General Election Law (Title 19 of the Revised Statutes) 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.
D.
Issue certificates as to approval of land subdivisions
by the Planning Board or the Council pursuant to the Municipal Land
Use Law (N.J.S.A. 40:55D-1 et seq.), as amended.
[Amended 1-9-2006 by Ord. No. 38-2005]
E.
Have such other, different and additional functions,
powers and duties as may be prescribed by law or ordinance or delegated
to him by the Township Council.
[Amended 1-9-2006 by Ord. No. 38-2005]
Correspondence and other communications received
shall be delivered to the Clerk's office, where it shall be sorted
and delivered immediately to the proper department without opening
when the address is to a specific department or person. General municipal
mail and mail addressed to the Council shall be opened in the Clerk's
office, and the Clerk shall either reply to the correspondence and
provide information requested or refer the matter to the appropriate
individual, department, board or body.
[Added 3-2-1992 by Ord. No. 7-92]
A person holding the office of Municipal Clerk
continuously for a period of five years from the date of original
appointment shall be granted tenure in that office, in accordance
with N.J.S.A. 40A:9-134. That person shall not acquire tenure unless
he holds a registered municipal certificate pursuant to N.J.S.A. 40A:9-133.2.
A Municipal Clerk who acquires tenure shall not be removed therefrom
except for good cause shown after a fair and impartial hearing.
[Added 3-2-1992 by Ord. No. 7-92]
In the event that the Municipal Clerk's office
is deemed vacant pursuant to N.J.S.A. 40A:9-12.1, the Council shall
fill the office for the unexpired term pursuant to N.J.S.A. 40A:9-12.1
and N.J.S.A. 40:69A-38.
