Township of Toms River, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Township Council of the Township of Dover (now Toms River) 6-22-2004 by Ord. No. 3884-04. Amendments noted where applicable.]
GENERAL REFERENCES
Adoption of Administrative Code — See Ch. 1, Art. III.

§ 14-1 Appointment; qualifications.

There shall be an Office of the Municipal Clerk, the head of which shall be the Municipal Clerk. The Municipal Clerk, and all subordinate personnel and officers, shall be appointed by Council and shall, prior to appointment, be qualified by training or experience to perform the duties of the office as required under N.J.S.A. 40A:9-133 et seq., applicable general law and this Code.

§ 14-2 Duties and responsibilities.

The Municipal Clerk shall:
A. 
Keep the minutes and records of the proceedings of the Council and of the proceedings of any Council committee upon the request of Council President.
B. 
Serve as the Clerk of the Council and attend all meetings of the Council and such committees when required by the Council President.
C. 
Preserve and compile all ordinances and resolutions, and at the close of the year, with the advice and assistance of the Township Attorney, the Clerk shall compile, codify and bind all the ordinances then in effect and shall properly index such compilation or codification and provide for its publication.
D. 
Publish or cause to be published ordinances as required by law in such official newspaper or newspapers as may be designated by Council.
E. 
Receive and transmit all communications to or on behalf of Council.
F. 
Receive and keep in safe custody the surety bonds covering the fidelity and faithful performance of each and every municipal official required to furnish such bond, except that the Clerk's surety bond shall be filed with the Chief Financial Officer.
G. 
Perform such other duties as the Council or Council President may, from time to time, require.

§ 14-3 Custodian of records.

The Municipal Clerk shall act as custodian of records for all official books, papers and documents of the municipality for which no other repository is provided by Charter or Township ordinance, and keep same safely.

§ 14-4 Custodian of the seal.

The Municipal Clerk shall act as custodian of the Township Seal and cause it to be affixed to instruments and writings when specifically authorized by law or when necessary to exemplify and document or record of his or her office or to certify any paper.

§ 14-5 Clerk of election.

The Municipal Clerk shall act as clerk of elections, performing all functions required by the general law under Title 19 of the Revised Statutes of New Jersey to be performed by the Municipal Clerk and in this function, receive for municipal use the fees prescribed therefor.

§ 14-6 Subordinate officers and employees.

A. 
Deputy Municipal Clerks. The office of Deputy Municipal Clerks is hereby created. There shall be two Deputy Municipal Clerks, who shall be appointed by Council by a majority vote thereof. The positions shall be one full-time position at a salaried rate of compensation set in accordance with the current Salary Ordinance and one part-time position (working no more than 19.5 hours per week), at an hourly rate of compensation set in accordance with the current Salary Ordinance. During the absence or disability of the Municipal Clerk, the Deputy Municipal Clerks shall have all the powers of the Municipal Clerk and shall perform the functions and duties of such office.
[Amended 3-27-2007 by Ord. No. 4078-07]
B. 
Other clerical staff.
(1) 
There shall be the following positions within the Office of Municipal Clerk, to be appointed by Council:
(a) 
Senior Clerk-Typist.
(b) 
Clerk-Typist.
(c) 
Switchboard operator, full-time.
(d) 
Switchboard operator, part-time.
(e) 
Mail Clerk, part-time.
(2) 
The above positions shall perform such clerical and administrative duties as may from time to time be assigned by the Municipal Clerk or the Deputy Municipal Clerk.
C. 
Registrar. The office of the local Registrar is hereby created. All the duties of the local Registrar pursuant to Title 26 shall be performed by the Local Registrar. In accordance with N.J.S.A. 26:8-17, a Deputy Registrar, who shall be the Cashier Clerk, shall be appointed to assist in the normal, day-to-day operation of the office and whose duty shall be to act in the Local Registrar's stead in case of absence, disability or death of the Registrar. The licensing of dogs, kennels, pet shops, shelters and pounds shall be the duty of the office of the local Registrar. There is hereby created the position of Senior Clerk-Typist and the office of Clerk-Typist within the office of the local Registrar, whom shall be appointed by Council. Senior Clerk-Typist and Clerk-Typist shall perform such clerical and administrative duties as may from time to time be assigned by the Municipal Clerk or the Deputy Municipal Clerk.

§ 14-7 Legislative Research Officer.

A. 
Appointment. There shall be a Legislative Research Officer whom shall be appointed by the Council by a majority vote thereof.
B. 
Qualifications. The Legislative Research Officer, prior to his or her appointment, shall be a counselor at law duly qualified and admitted to practice law in this state. Preference shall be given to attorneys who hold a current diplomate in New Jersey Municipal Law.
C. 
Office separate from Township Attorney. The office of Legislative Research Officer shall be separate and distinct from the office of Township Attorney, and the Legislative Research Officer shall serve under the sole direction of the Council for such term as may be provided.
D. 
Compensation. The Legislative Research Officer shall receive such compensation as shall be provided by ordinance.
E. 
Powers and duties. The Legislative Research Officer shall be the legal advisor to the Council and the office of the Municipal Clerk. He or she shall advise the Council as to the form and sufficiency of all ordinances and resolutions prior to their passage as submitted for review and shall provide legal opinions promptly as directed.

§ 14-8 Local Historian; establishment of position; reimbursement of expenses; appointment; term.

[Added 9-13-2005 by Ord. No. 3965-05]
A. 
The Mayor may appoint a Local Historian with the advice and consent of the Township Council. The Local Historian shall serve without compensation, but the Township Council may annually appropriate such funds as may be necessary to reimburse the Local Historian for expenses incurred in the performance of the duties and responsibilities. The Local Historian shall serve at the pleasure of the Mayor.
B. 
Local historian; powers and responsibilities; annual report. The Local Historian shall have the following powers and responsibilities, except as otherwise provided in the ordinance or resolution creating the position:
(1) 
To carry out an historical program, including but not restricted to collecting, preserving and making available materials relating to the history of the local unit. The Local Historian shall store such materials in such manner as to insure their preservation, and shall notify the State Archivist, New Jersey Historical Commission, County Local Historian and local governing body of any materials which should be acquired for preservation. Upon leaving the position, the Local Historian shall turn over all materials and records and reports into the possession of the successor, if then appointed, or to the Municipal Clerk until a successor shall be appointed.
(2) 
The Local Historian shall make an annual report to the Mayor and Township Council of the local unit stating all the work performed and accomplished during that year. The Local Historian shall transmit a copy of such report to the New Jersey Historical Commission. The New Jersey Historical Commission may advise each County Historian and Municipal Historian of general guidelines along which their historical program may be implemented.
(3) 
The Local Historian may research, write and cause to have published a county or municipal history, and may recommend appropriate historical materials for publication.
(4) 
The Local Historian may assist a landmark commission, as well as advise the Mayor and Township Council, concerning the acquisition, administration, use and disposition of any landmark, or historic site, including such places in his jurisdiction included on the New Jersey Register of Historic Places. Such advice may be furnished to the Historic Sites Section, Department of Environmental Protection.
(5) 
The Local Historian shall assist in projects of commemoration, including the erection of monuments, historic markers and guide signs.
(6) 
The Local Historian may employ such clerical assistants as may be necessary in order to carry out the duties and responsibilities set forth in this section, within the limits of such funds as may be made available by the Township Council for such purposes in the annual budget of the local unit.

§ 14-9 Board of Health.

[Added 8-10-2010 by Ord. No. 4286-10]
A. 
There is hereby created, within the Office of the Municipal Clerk, the Board of Health. The Board of Health shall be composed of seven members to be appointed by the Township Council in accordance with N.J.S.A. 26:3-5.
B. 
There is hereby created the position of Board of Health Secretary, whose duties shall be prescribed by the Board of Health.

§ 14-10 Records Manager and Assistant Records Manager.

[Added 6-13-2006 by Ord. No. 4011-06; amended 12-23-2014 by Ord. No. 4469-14]
A. 
Records Manager.
(1) 
Establishment of position. The position of Records Manager is hereby established in the Office of the Municipal Clerk, under the direction of the Municipal Clerk.
(2) 
Duties: under the direction of the Municipal Clerk, plans, organizes, directs and coordinates all activities involved in the management of the Township's comprehensive records, storage retrieval, maintenance, and disposal systems, and performs other related duties as required,
(3) 
Education: graduation from an accredited college or university with a Bachelor's Degree, or may substitute additional experience as indicated on a year-for-year basis with 30 semester hour credits being equal to one year of experience.
(4) 
Experience: one year of experience in the planning and development of records management programs and procedures and/or the review, analysis, and evaluation of record maintenance systems and recommendation for improved methods of operation.
(5) 
License. The position of Records Manager shall possess a driver's license valid in New Jersey only if the operation of a vehicle, rather than employee mobility, is necessary to perform essential duties of the position.
(6) 
Knowledge and abilities: knowledge of rules and regulations concerned will record retention as established by the N.J. Division of Archives and Records Management and destruction of records.
(7) 
Compensation. The Records Manager shall receive such compensation as shall be provided by ordinance.
B. 
Assistant Records Manager.
(1) 
Establishment of position. The position of Assistant Records Manager is hereby established in the Office of the Municipal Clerk, under the direction of the Municipal Clerk and Records Manager.
(2) 
Duties: under the direction of the Township Clerk and Records Manager, plans, organizes, directs and coordinates all activities involved in the management of the Township's comprehensive records, storage retrieval, maintenance, and disposal systems, and performs other related duties as required and/or as directed, and shall serve as the Records Manager during his/her absence.
(3) 
Education: graduation from an accredited college or university with a Bachelor's Degree, or may substitute additional experience as indicated on a year-for-year basis with 30 semester hour credits being equal to one year of experience.
(4) 
License. The position of Assistant Records Manager shall possess a driver's license valid in New Jersey only if the operation of a vehicle, rather than employee mobility, is necessary to perform essential duties of the position.

§ 14-11 Part-time Records Assistant.

[Added 9-11-2007 by Ord. No. 4100-07]
A. 
Establishment of position. The part-time Records Assistant is hereby established in the Office of the Municipal Clerk, under the direction of the Records Manager, Assistant Records Manager, and/or the Township Clerk or Deputy Clerk.
[Amended 12-23-2014 by Ord. No. 4469-14]
B. 
Duties: under the direction of the Records Manager and/or the Township Clerk or Deputy Clerk, examines, evaluates, categorizes, files and destroys documents and helps to maintain a large records filing system which includes the operation of a computerized data storage/retrieval program, and performs other related duties as required.
C. 
Education: associate’s degree, or may substitute additional experience as indicated on a year-for-year basis with 30 semester hour credits being equal to one year of experience.
D. 
Knowledge and abilities: basic computer skills - Word, Excel, Access experience helpful; knowledge of rules and regulations concerned with record retention as established by the NJ Division of Archives and Records Management regarding inventory, cataloging, storage, microfilming and records destruction, after a period of training; knowledge of office routines, practices, procedures, machines and equipment, after a period of training; ability to lift up to 50 pounds; ability to read, write, speak, understand and communicate in English sufficiently to perform the duties of this position; ability to work harmoniously and effectively with others.
E. 
Compensation. The Records Assistant shall receive such compensation as shall be provided by ordinance.