[HISTORY: Adopted by the Mayor and Council
of the Town of Clinton 12-14-1971 as Ch. II of the Revised General Ordinances, 1971. Amendments
noted where applicable.]
A.
Enumerated. The elected officials of the Town shall
be a Town Council consisting of six Councilmen, all elected at large,
and a Mayor.
B.
Terms of office. Councilmen shall hold office for
three years from January 1 next following their election. The term
of office of the Mayor shall be four years.
[Amended 3-26-1985 by Ord. No. 85-4; 6-24-2008 by Ord. No. 08-06]
C.
Vacancies. Whenever a vacancy occurs in any elected
office by reason of death, resignation, inability, disqualification,
removal or refusal to serve of or by any elected official, the Town
Council shall fill the vacancy by the appointment of a suitable and
qualified person to hold office until his successor has been duly
elected and qualified. The unexpired portion of the term, if any remains,
shall be filled at the next succeeding general election. If at any
Town election there is a vacancy in any office to be filled and at
the same time an election for a full term of such office, the term
for which each person is to be elected shall be designated on the
ballots. The Town Council may at any time direct a special election
to fill any vacancy that occurs in its own body.
The Mayor shall be so designated in all official
documents and instruments of every kind and shall sign all ordinances,
warrants, bonds, notes, contracts and other special documents and
instruments by that title. In addition, he shall possess and exercise
all the powers of a member of the Town Council and shall be the Chairman
thereof.
A.
Organization. The Council shall meet annually for
organization during one of the first seven days of January. The Mayor
shall be Chairperson and preside at all meetings of the Town Council.
In the Mayor's absence, the Council may elect one of its members as
Chairman Pro Tem. The Council shall designate the date and time of
the meeting and establish the rules governing its proceeding.
[Amended 12-13-1988 by Ord. No. 88-20; 12-22-2009 by Ord. No. 09-26]
B.
Meetings; quorum; special meetings. A majority of
the Town Council shall constitute a quorum for the transaction of
business, but a smaller number may meet and adjourn from day to day.
The Council shall hold regular meetings at least twice in each month
at the Town Hall at such time as it may appoint. The Mayor and any
two Councilmen may call special meetings by written notice to each
of the members served personally or left at his usual place of abode
at least 24 hours previous to the time designated for such meeting.
No business other than that specified in the notice shall be transacted
at a special meeting and no business required to be done at a regular
meeting of the Council shall be done or performed at any special meeting.
C.
Powers of the Town Council. The Town Council shall
possess all the powers granted by or permissible under the laws of
the State of New Jersey. It shall provide rules of procedure by resolution,
which rules shall not be inconsistent with the provisions of this
chapter. Except where the Council provides otherwise by resolution,
the proceedings at all meetings shall be conducted in accordance with
Robert's Rules of Order, revised. The Attorney shall be ex officio
parliamentarian and shall be prepared at the request of any member
of the Council to give his opinion on any question of procedure.
D.
Attendance at meetings. All regular and special meetings
of the Council shall be open to the public. The Attorney, the Clerk
and any other officer or employee whose presence is required by resolution
of the Council shall attend such meetings.
E.
Conference meetings. The Council may convene at any
time in informal conference for the study of municipal business or
to plan for the agendas of its future meetings. No persons other than
those specifically invited by the Council to attend shall be permitted
to be present at such conference.
A.
Procedure for passage; vote required. All Town ordinances
shall be submitted in writing and the procedure for passage shall
be as set forth in N.J.S.A. 40:49-2. No ordinance shall be finally
passed except by the vote of a majority of the members of the Council
present at a duly constituted meeting.
B.
Presentation to Mayor. Before it takes effect, every
ordinance or resolution adopted by the Town Council shall be duly
certified by the Town Clerk and presented to the Mayor.
C.
Veto power. If the Mayor approves the ordinance or
resolution, he shall sign it. If he does not approve it, he shall
return it to the Clerk, together with his objections, within 10 days
after its receipt by him. At its next meeting thereafter the Town
Council shall enter the objections at length on the minutes and proceed
to reconsider the ordinance or resolution.
D.
Passage over veto; vote required. If 2/3 of all
the members of the Town Council agree to pass the ordinance or resolution
it shall take effect, but in such case the vote shall be taken by
yeas and nays and entered in full on the minutes of the Council.
E.
Failure of Mayor to act. If the ordinance or resolution
is not returned within 10 days, it shall take effect in like manner
as if the Mayor had signed it.
F.
Partial approval; partial veto. If any ordinance presented
to the Mayor for his approval contains more than one distinct section,
clause or item, the Mayor may approve one or more sections, clauses
or items and veto the remainder.
A.
Appointment; term. The Town Clerk shall be appointed
by a majority vote of the Town Council for a term of three years,
subject to any right of tenure.
B.
General duties.
(1)
The Town Clerk shall have charge of all record books
and documents of the Town, except when the Town Council otherwise
directs. He shall keep a record of the proceedings of the Council
and record all ordinances in a book to be provided for that purpose,
which shall be deemed a public record of such ordinances. Each ordinance
so recorded shall be signed by the Mayor and the Clerk.
(2)
The Clerk shall turn over to the Chief Financial Officer
without delay all moneys received by him for the use of the Town.
His office shall be at the Town Hall and he shall keep his office
open for the transaction of public business during the hours specified
by the Town Council.
[Amended 12-27-1988 by Ord. No. 88-21]
C.
Corporate Seal. The Clerk shall cause the Corporate
Seal of the Town to be affixed to instruments and writings when authorized
by ordinance or resolution of the Town 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 Town or a public document. He shall not affix
the seal or cause or permit it to be affixed to any other instrument,
writing or paper unless required by law or ordinance.
D.
Insurance; surety bonds; contracts. The Clerk, subject
to the supervision of the Council, shall:
(1)
Be the depository for 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 Chief
Financial Officer; of all insurance policies upon or with respect
to risks insured for the benefit of the Town 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 Town may be a party.
[Amended 12-27-1988 by Ord. No. 88-21]
(2)
Be the depository for and custodian of all performance
bonds running to the Town as obligee or any other form of security
given by a contractor, subdivision developer or other person on account
of work done or to be done in or for the Town.
(3)
Have custody of all leases of property owned by the
Town.
(4)
Report to the Council annually, at such time as it
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.
E.
Administrative rules and regulations; filing and publication.
No rule or general regulation made by any department, officer, agency
or authority of the Town, except such as relates to the organization
or internal management of the Town government or a part thereof, shall
take effect until it is filed with the Clerk. The Clerk shall maintain
a current compilation of all such rules and regulations, which shall
be available for public inspection in his office during business hours.
F.
Other laws and ordinances. In addition to such other
functions, powers and duties as may be prescribed by ordinance and
subject to the supervision and direction of the Council, the Clerk
shall:
(1)
Perform all the functions required of municipal clerks
by the General Election Law, N.J.S.A. 19:1-1 et seq., and any other
law or ordinance.
(2)
Administer the provisions of Town 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.
(3)
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.
A.
Departments, boards and commissions. There shall be
the following departments, officers, boards and commissions in the
Town of Clinton:
B.
Powers and duties of department heads. The head of
a department, subject to this chapter and the approval or direction
of the Council, shall:
(1)
Prescribe the internal organization of the work of
his department.
(2)
Direct and supervise subordinate officers and employees
of the department and make, alter and enforce individual work assignments.
(3)
Approve or disapprove payrolls, bills and claims chargeable
to departmental appropriations.
(4)
Maintain records of work performance and unit costs
thereof as may be approved or required by the Council.
(5)
Provide information and reports on the work of the
department as may from time to time be required by the Council.
(6)
Exercise other or different powers of administrative
supervision and direction which the Council may delegate to him.
A.
Director. The financial business of the Town shall
be committed to a Department of Finance.
B.
Division of the Treasury.
[Amended 12-27-1988 by Ord. No. 88-21]
(1)
Chief Financial Officer. Within the Department of
Finance there shall be a Division of the Treasury, the head of which
shall be the Chief Financial Officer, who shall be appointed by the
Council for a term of three years.
(2)
Powers and duties of the Chief Financial Officer.
The Chief Financial Officer shall have, perform and exercise all the
functions, powers and duties as provided by general law and Town ordinances.
He shall keep and maintain books and records of all financial transactions
of the Town in accordance with the standards and requirements of the
Division of Local Finance in the Department of Community Affairs of
the State of New Jersey. He shall have custody of all public moneys
of the Town and make monthly reports to the Council of all receipts,
expenditures, commitments and unexpended appropriations. All moneys
received from any source by or on behalf of the Town or any department,
board, office or agency thereof, except as otherwise provided by Town
ordinance, shall be paid to the Chief Financial Officer, who shall,
by the next ensuing bank day after their receipt, deposit them in
the authorized public depository of the Town to the credit of the
proper account.
(3)
Disbursements. Disbursements in payment of bills and demands shall be made by the Chief Financial Officer upon his preaudit and approval by the Council, except that payments from the payroll account shall be made pursuant to Subsection B(4) below. Disbursement shall be by warrant-check payable to the order of the person entitled to receive it and specifying the purpose for which it is drawn and the account or appropriation to which it is chargeable. Each warrant-check shall bear the signatures of the Mayor, the Clerk and the Chief Financial Officer.
(4)
Payroll account. There shall be an account to be designated
the "Town of Clinton Payroll Account," and from time to time the Chief
Financial Officer, on receipt of a warrant for an amount due the payroll
account, shall deposit it to the credit of the payroll account, charging
the appropriate budgetary accounts therewith. Disbursement from the
payroll account may be made by payroll checks signed by the Chief
Financial Officer or, in his absence, by the Clerk, upon preaudit
by the Chief Financial Officer and approval by the Council of the
entire payroll. In case of error or adjustment in the payroll, the
Chief Financial Officer shall make proper correction and appropriate
record thereof. Withdrawals from the payroll account of the Town,
as such account may from time to time be constituted as to account
number and depository therefor, shall be on the signature of the Chief
Financial Officer or, in his absence or unavailability, the Town Clerk.
[Amended 10-23-1973]
(5)
Travel expenses. Itemized claims supported by receipts,
where available, shall be presented in order to obtain reimbursement
for expenses incurred by local officials where authorized to travel
by the Town.
C.
Division of Tax Collection.
(1)
Within the Department of Finance there shall be a
Division of Tax Collection, the head of which shall be the Town Tax
Collector.
(2)
The Tax Collector shall possess all the powers and
duties established by law. The Collector shall enter in suitable books
to be kept for that purpose the sums received by him each day for
taxes, with the names of the persons on whose account the same have
been paid; shall keep a record and account of the finances of the
Town; and shall, within 60 days after the end of the fiscal year or
when otherwise required by the Council, make and furnish a report
thereof, with a detailed and true statement of all moneys received
by him and disbursed therefrom and for what purposes from the commencement
of his official year to the date of his report or for such period
as the Council may require, and a list of delinquent taxpayers for
the previous year. He shall file the report, with two copies of the
statement and list of delinquents, with the Clerk within the time
specified above or when otherwise required by the Council. He shall,
as necessary and as directed, arrange for and conduct sales of real
estate for delinquent taxes.
D.
Division of Tax Assessments.
(1)
Within the Department of Finance there shall be a
Division of Tax Assessments, the head of which shall be the Tax Assessor.
The Tax Assessor shall be appointed by the Council for a term of four
years, subject to tenure. He shall be qualified by training or experience,
or a combination thereof, in the valuation and assessment of real
and personal property.
(2)
On and after July 1, 1971, no person may be an Assessor
unless he holds a tax assessor certificate. This requirement shall
not apply to anyone who has served in office continuously from July
1, 1967.
(3)
A person reappointed to office after receiving a tax
assessor certificate and thereafter serving in office for four consecutive
years, and a person who received a tax assessor certificate on or
before June 30, 1969, while actually in office and having, prior to
June 30, 1969, served in office for four consecutive years, shall
be entitled to tenure pursuant to N.J.S.A. 54:1-35.31. The Tax Assessor
shall:
(a)
Have, perform and discharge all the functions, powers
and duties prescribed by law for a municipal assessor.
(b)
Make assessments for benefits for local improvement
and, for that purpose, have and exercise the powers and duties of
a board of assessment for local improvement as provided by law.
(c)
Maintain adequate assessment records of each separate
parcel of real property assessed or exempted.
(d)
Maintain a current Tax Map of the Town as a public
record and cause to be recorded thereon all changes in ownership or
character of the real property assessed, employing for that purpose
the facilities of other departments as provided by this chapter.
(e)
Report to the Council as to equalization proceedings
and other matters involving the County Tax Board and make recommendations
as to action to be taken in that regard.
(4)
There is hereby created in the Town of Clinton the
position of the Assistant to the Tax Assessor who shall serve at the
pleasure of the Mayor and Council. The Assistant to the Tax Assessor
shall:
[Added 8-8-2006 by Ord. No. 06-14]
(a)
Report to and take direction from the Tax Assessor;
(b)
Assist the Tax Assessor to make assessments for the
benefits for local improvements;
(c)
Assist the Tax Assessor maintain adequate assessment
records of each separate parcel of real property assessed or exempted;
(d)
Assist the Tax Assessor maintain a current Tax Map
of the Town as a public record and cause to be recorded thereon all
changes in ownership or character of the real estate assessed;
(e)
Make such inspections of real property as directed
by the Tax Assessor;
(f)
To the extent permitted by law, appear before the
County Tax Board in support of assessments;
(g)
Take such additional actions and fill such additional
responsibilities as shall be prescribed by the Tax Assessor.
(h)
The Assistant to the Tax Assessor’s compensation
shall be fixed in the Salary Ordinance of the Town of Clinton.
(i)
The Assistant to the Tax Assessor shall be an at-will
employee who may be removed by the Mayor and Council at any time for
any reason without hearing, except as otherwise provided by law.
(j)
The term of the Assistant to the Tax Assessor shall
be from January 1 to December 31 of each year, but the creation of
a term is not intended to give the Assistant to the Tax Assessor any
rights to hold the position during that time period, but it is done
for administrative purposes only so as to permit the Mayor and Council
to, at least yearly, review its existence, the performance of the
occupant, and determine whether the position should be continued for
another year.
E.
Tax and Assessment Searcher. The Tax and Assessment
Searcher shall be appointed by the Council. When required by the Mayor
and the Council, he shall furnish reports relating to property taxes
and assessments in the Town.
[Added 12-27-1988 by Ord. No. 88-21]
A.
There is hereby created in the Town of Clinton the
position of Chief Financial Officer.
B.
The currently appointed Town Treasurer shall serve
as the Chief Financial Officer. Every reference to Town Treasurer
which appears in the Clinton Code or in Town ordinances or Town resolutions
shall hereinafter be deemed to be a reference to the Chief Financial
Officer.
C.
On or after January 1, 1991, no person shall be appointed
or reappointed Chief Financial Officer or Municipal Finance Officer
(as is defined in N.J.S.A. 40A:9-140.7, as the same is from time to
time amended), unless he or she holds a Municipal Finance Officer
certificate issued pursuant to N.J.S.A. 40A:9-140.1, et seq., or has
been granted tenure in office pursuant to N.J.S.A. 40A:9-140.8 or
P.L. 188, c. 110, or pursuant to N.J.S.A. 40A:9-152.
D.
The Chief Financial Officer and any other Municipal
Finance Officer shall acquire tenure in office and continue to hold
office during good behavior and efficiency in accordance with N.J.S.A.
40A:9-140.1 et seq., as the same is from time to time amended.
[Amended 3-26-1985 by Ord. No. 85-4; 5-14-1985 by Ord. No. 85-11; 12-12-1995 by Ord. No.
95-16]
A.
There shall be an office of the Public Works/Business
Administrator. The Public Works/Business Administrator shall be a
person qualified by education, training and experience to perform
the duties of his or her office. He or she shall devote his or her
entire time to the duties of the office and shall hold no other office
nor engage in any other employment, except with the permission of
the Mayor and Council. He or she shall be under the direct supervision
of the Mayor and Council.
B.
Term; absence; removal; compensation.
(1)
Term. The term of office of the Public Works/Business
Administrator shall be at the pleasure of the Mayor and Council. The
first six months of any such appointment to the position of Public
Works/Business Administrator shall be for a probationary period. Prior
to the completion of the six-month probationary period, the appointee
to the position of Public Works/Business Administrator may be removed
from office by a vote of a majority of the full membership of the
Mayor and Council.
(2)
Removal from office. After the probationary period,
the Public Works/Business Administrator may be removed by a two-thirds
vote of the Mayor and Council. The resolution of removal shall become
effective three months after its adoption by the Mayor and Council.
The Mayor and Council may provide that the resolution shall have immediate
effect; provided, however, that the Mayor and Council shall cause
to be paid to the Public Works/Business Administrator forthwith any
unpaid balance of his or her salary and his or her salary for the
next three calendar months following the adoption of the resolution.
The Public Works/Business Administrator shall not obtain or be granted
any rights of tenure.
(3)
Absence or disability of the Public Works/Business
Administrator. During the absence or disability of the Public Works/Business
Administrator, the Mayor and the Council may, by resolution, appoint
an appointed official or employee of the Town to perform the duties
of Public Works/Business Administrator during such absence or disability.
In the event the Public Works/Business Administrator is unexpectedly
absent prior to a regularly scheduled Council meeting, the Mayor may
appoint an appointed official or employee of the Town to serve until
the next regularly scheduled Council meeting. The absence or disability
of the Public Works/Business Administrator shall be limited to three
continuous months, after which time the absence or disability may
be deemed a vacancy by the Mayor and Council. Unless otherwise provided
herein, no acting Public Works/Business Administrator shall be paid
more than his or her regular salary while serving in that capacity,
but he or she shall be reimbursed for all necessary expenses incurred
in the performance of that office.
[Amended 11-24-2009 by Ord. No. 09-17]
C.
Compensation. The compensation of the Public Works/Business
Administrator shall be as fixed in the Salary Ordinance of the Town.
D.
Duties and responsibilities. The Public Works/Business
Administrator shall be the chief administrative officer of the Town
of Clinton and shall be responsible to the Mayor and Council for the
proper and efficient administration of the business affairs of the
Town. The Public Works/Business Administrator's duties and responsibilities
shall relate to the management of all the Town's business, except
those duties and responsibilities conferred upon other Town officials
by state statute, other applicable laws, rules and regulations promulgated
by state, county or Town ordinances or such duties as the Mayor and
Council shall reserve or delegate onto itself or to others. The Public
Works/Business Administrator shall see that all ordinances, resolutions
and policies of the Mayor and Council and all state and federal laws
requiring municipal action are faithfully carried out by those persons
responsible for doing so. For the purpose of carrying out the responsibilities
of his or her office, the Public Works/Business Administrator shall
develop and promulgate for adoption by the Mayor and Council sound
administrative, personnel and purchasing practices and procedures
for all departments, offices, boards, commissions and agencies of
the municipality, all for the purpose of increasing the effectiveness
and efficiency of Town government. The Public Works/Business Administrator
shall perform all of the duties hereinafter enumerated and such other
duties as may be assigned by the Mayor and Council. In addition, the
Public Works/Business Administrator shall be responsible for the following
enumerated duties:
(1)
Daily operation. Implement all policies of the Town
necessary to carry out daily operations and activities of the Town
by correspondence, review of minutes and personal contact.
(2)
Information and complaints. Inform the Mayor and Council
and the residents of the municipality on all matters relating to the
activities and operations of municipal government; receive and follow
up on complaints on all matters and apprise the Mayor and Council
thereof.
(3)
Public information. Edit and compile public information
for distribution to the Mayor and Council.
(4)
Recommendations. Continuously study all activities
and operations of municipal government and recommend changes for the
purpose of increasing efficiency, economy and effectiveness; recommend
such rules and regulations as shall be deemed necessary, with the
approval of the Mayor and Council, for the conduct of administrative
procedures.
(5)
Advice. Advise the Mayor and Council with respect
to all pertinent information necessary to assist it with the establishment
of policies and decisions.
(6)
Reports. Prepare and present to the Mayor and Council
reports required from time to time on municipal affairs and prepare
an annual report of the Public Works/Business Administrator's work
for the benefit of the Mayor and Council and the public.
(7)
Attendance. Attend all regular meetings of the Mayor
and Council with the right to speak, but not to vote, on all agenda
items and attend other meetings as directed by the Mayor and Council
or as necessary to carry out the duties of Public Works/Business Administrator.
The Public Works/Business Administrator shall receive notice of all
special meetings of the Mayor and Council and all advisory committees,
boards, commissions and other agencies of the Town.
(8)
Liaison. Serve as liaison to all departments, advisory
committees, boards, commissions and other agencies of the Town.
(9)
Town Engineer. Consult with and act as a liaison between
the Mayor and Council and the Town Engineer regarding all operations
and policy matters.
(10)
Budgets. Be responsible for the preparation of the
operating and capital improvement budgets for presentation to the
Mayor and Council and for administration of the budget approval process
by the governing body. In preparing the proposed budget, the Public
Works/Business Administrator shall direct department heads to submit
their portion thereon and shall request all supporting data he or
she deems necessary. The Public Works/Business Administrator shall
assist members of the governing body and department heads in preparing
their input to the municipal budget. The Public Works/Business Administrator
shall thoroughly review all budget requests and submit recommendations
with respect thereto to the Mayor and Council in a timely fashion.
(11)
Purchasing. Be in charge of reviewing all requisitions
from all departments for materials, equipment and supplies and certifying
the receipt of the same. He or she shall require the various departments
to furnish an adequate inventory of all materials, equipment and supplies
in stock and to recommend the sale of any surplus, obsolete or unused
equipment when authorized by the Mayor and Council.
(12)
Examine and inquire. Have the power to investigate,
examine or inquire into the affairs or operations of any department,
commission, office, board or agency of the municipal government, unless
prohibited by law.
(13)
Public information. Implement and enforce the policies
of the Mayor and Council with respect to the compiling and release
of public information.
(14)
Coordination of information. Integrate and coordinate
the functions of all departments, commissions, boards, agencies, offices
and officials and maintain liaison with the local school system and
the regional high school system. The Public Works/Business Administrator
shall be responsible for continuously improving communications among
the various Town personnel, departments, commissions, agencies, boards
and governing bodies.
(15)
Recommendation of experts and consultants. Recommend
the employment of experts and consultants to perform work and render
advice in connection with Town projects.
(16)
Supervision of personnel. Subject to law, supervise
all personnel of the Town through the respective department heads
and direct the business activities of all Town departments, recommending
to the Mayor and Council or its designated committees the employment
and replacement of personnel as may be required in said departments
within the limits prescribed by the budget. The Public Works/Business
Administrator shall have no authority over the operations of the Police
Department delegated by law to the Chief of Police.
(17)
Enforcement of law and contracts. Determine that all
terms and conditions imposed in favor of the municipality or its inhabitants
in any statute, public utility franchise or other contract regulation
or ordinance are faithfully kept and performed and, upon learning
of any violation thereof, apprise the Mayor and Council.
(18)
Public improvements. Recommend the need for, the nature
of and the location of all public improvements and coordinate and
expedite the execution of those public improvements authorized by
the Mayor and Council.
(19)
Public works. Take charge of and be responsible for
the construction, operation and maintenance of all public buildings,
grounds, streets, roads and other facilities, including general administrative
responsibilities for the Town sewer and water systems, the cutting
of brush, mowing of grass and removal of snow, the cleaning of ditches,
the maintenance of parks and the care of other public works in the
Town, subject to the orders and directions of the Council. In addition,
he or she shall:
(a)
Set up and maintain adequate inventory and control
thereof of all materials and supplies needed for the maintenance and
repair of all public works under his or her supervision.
(b)
Submit to the Mayor and Council a monthly report
of all work performed, services furnished and inspections made during
the previous month.
(c)
Submit to the Mayor and Council and the Town
Engineer his or her recommendations for budget appropriations for
the ensuing year.
(d)
Recommend for approval the expenditure of all
funds by voucher chargeable against the public works budget.
(e)
Inspect or be responsible for the inspection
of all storm sewer lines in the Town individually or in conjunction
with other designated officials.
(f)
Receive and investigate all complaints from
residents and taxpayers of the Town relating to the operations under
his or her jurisdiction, take appropriate action and report results
to the Mayor and Council.
(g)
Attend all Public Works Committees, including
road, sewer, water and parks and playgrounds.
(h)
Supervise the operation, maintenance and repair
of municipally owned equipment used in the performance of the work
assigned to him or her.
(i)
Set up, keep and maintain all the necessary
books, records, field notes, maps, surveys and similar records necessary
to perform the duties of his or her office and turn over all such
reports to his or her successor or the Town Council upon the termination
of his or her employment by the Town.
(j)
Recommend to the appropriate committee chairperson
the need for repairs and replacements to municipally owned equipment,
structures, buildings and grounds.
(k)
Supervise the performance of the work of personnel
assigned to his or her jurisdiction.
(20)
Safety responsibilities. Develop and implement all
necessary safety instructions and training for employees, Town personnel
and Town officials.
(21)
Recycling. Serve as recycling coordinator for the
Town and oversee all actions necessary to fill the Town's recycling
requirements.
(22)
Grants. Investigate the availability of and report
to the Mayor and Council the feasibility of obtaining grants from
federal, state and private sources and apply for and administer such
grants as are authorized by the Mayor and Council.
(23)
Other duties. The Public Works/Business Administrator
shall perform such additional administrative duties and functions
as may be from time to time assigned by the Mayor and Council.
E.
Authority of the Mayor and Council. Nothing herein
shall derogate or reduce the powers and duties of the Mayor and Council
or authorize the Public Works/Business Administrator to exercise the
power and duties thereof except as authorized.
There shall be a department known as the "Town of Clinton Water Department," which shall be under the supervision, management and control of the Mayor and Council and its Water Committee. A Superintendent of the Water Department, an Assistant Superintendent of the Water Department, a Clerk of the Water Department, a Treasurer of the Water Department and a Collector of Water Rents shall be appointed annually by the Mayor and confirmed by the Council, each to serve for one year or until his successor is duly appointed. The Department shall be governed by the provisions of Chapter 142, Water.
[Added 9-12-1972; amended 3-26-1985 by Ord. No. 85-4]
A.
There shall be a department known as the "Sewer Department," which shall be under the supervision, management and control of the Mayor and Council and its Sewer Committee. The Public Works/Business Administrator shall be responsible for the general administration of the Sewer Department. A Plant Superintendent, an Assistant Plant Superintendent, a Clerk of the Sewer Department, a Treasurer of the Sewer Department and a Collector of Sewer Rents may be appointed annually by the Mayor and confirmed by the Council. The Sewer Department shall, in addition, have such salaried or hourly employees as may be necessary to conduct the proper operation of the Sewer Department. The Department shall be governed by the provisions of Chapter 112, Sewers.
[Amended 12-12-1995 by Ord. No. 95-16]
B.
The Plant Superintendent shall have secured and be
the holder of all the necessary and appropriate licenses, certificates
and permits. He shall be responsible for the preparation of the operating
budget of the Department. He shall be responsible for the day-to-day
scheduling of plant maintenance and equipment. In addition, he shall
be responsible for the bulk user meter readings and such other duties
as may be required for the efficient operation of the system.
A.
Division of Buildings and Grounds. Within the Department
of Buildings and Grounds and Inspections there shall be a Division
of Buildings and Grounds, the head of which shall be the Public Works/Business
Administrator. He shall supervise the maintenance of all Town recreation
areas, buildings and grounds and all Town-owned property, including
streets, lawns and shrubs.
[Amended 12-12-1995 by Ord. No. 95-16]
B.
Division of Inspections. Within the Department of
Buildings and Grounds and Inspections, there shall be a Division of
Inspections, the head of which shall be the Construction Official.
The Construction Official shall be appointed by the Council to serve
for a term of one year and until a successor is appointed and qualified.
Prior to his appointment, he shall be qualified by training and experience
in the duties of a Construction Official.
[Amended 3-26-1985 by Ord. No. 85-4]
C.
Duties of Construction Official. The Construction
Official shall:
[Amended 3-26-1985 by Ord. No. 85-4]
(2)
Keep a record of his proceedings and a permit book
and complaint book, all of which shall be subject to inspection. He
shall report regularly to the Council, at its direction, as to the
number of permits issued, the estimated cost of such work and the
fees received and paid by him to the Chief Financial Officer.
[Amended 12-27-1988 by Ord. No. 88-21]
(3)
Serve as Zoning Officer of the Town and issue certificates
of occupancy.
A.
Appointment. The Town Attorney shall be appointed
by the Council for a term of one year. He shall be an attorney at
law of New Jersey, but need not be a resident of the Town. The Attorney
shall receive reasonable fees and charges.
B.
Powers and duties. The Attorney shall give all legal
counsel and advice required by the Mayor and Council or any member
thereof and shall, in general, serve as the legal advisor to the Mayor
and Council on all matters of Town business. He shall represent the
Town, if so directed, in all judicial and administrative proceedings
in which the Town or any of its officers or agencies may be a party
or have an interest. In furtherance of his general powers and duties,
but without limiting them, the Attorney shall:
(1)
Draft or approve as to form and sufficiency all legal
documents, contracts, deeds, ordinances and resolutions made, executed
or adopted by or on behalf of the Town.
(2)
Conduct appeals from orders, decisions or judgments
affecting any interest of the Town.
(3)
With the approval of the Council, compromise or settle
litigation in which the Town is involved.
(4)
Render opinions in writing upon questions of law submitted
to him by the Council or any member thereof with respect to their
official powers and duties.
(5)
Supervise and direct the work of additional attorneys
and technical and professional assistants which the Council may authorize
for special or regular employment in or for the Town.
(6)
Serve as the Town Prosecutor.
A.
Appointment; term. There shall be a Town Engineer
appointed by the Council for a term of one year. The Town Engineer
shall receive such compensation as may be agreed upon and determined
by the Council. He shall be a duly licensed professional engineer
of the State of New Jersey.
B.
Duties. The Engineer shall perform the duties prescribed
by general law and ordinance and, in addition, shall:
(1)
Prepare or cause to be prepared plans, designs and
specifications for public works and improvements undertaken by the
Town either on force account or by public contract.
(2)
Provide and maintain surveys, maps, plans, specifications
and control records with respect to public works and facilities owned
or operated by the Town.
(3)
If so directed, operate, maintain, inspect and repair the Town sanitary sewer system in accordance with the provisions of Chapter 112, Sewers.
(4)
Provide technical and engineering advice and assistance
to all Town departments as needed.
(5)
Upon the termination of his service with the Town,
surrender all papers, documents, memoranda, reports and other materials
relating to the administration of his engineering duties.
[Amended 11-12-1991 by Ord. No. 91-9; 12-10-1991 by Ord. No.
91-10; 8-12-2003 by Ord. No. 03-15; 11-27-2007 by Ord. No. 07-19;12-22-2009 by Ord. No. 09-25; 12-27-2012 by Ord. No. 12-12[1]]
A.
Title of
Court. Under the powers and authority granted to the Town of Clinton
by N.J.S.A. 2B:12-1 et seq., a Municipal Court is hereby established
for the Town of Clinton, in the County of Hunterdon, to be known as
"Municipal Court of the Town of Clinton."
B.
Shared services
agreements. The Town is authorized to enter into and execute one or
more shared services agreements with other municipalities for the
creation of a shared municipal court through the appointment of the
same persons to serve as the court staff of the Municipal Court of
the Town of Clinton and the municipal courts of such other municipalities,
as well as the maintenance of shared court facilities, equipment,
supplies and employees. The salary of the court staff and the other
costs of operating the shared municipal court shall be shared between
any municipalities with which the Town has executed a shared services
agreement, as provided for in such agreement(s). Any costs and fines
collected from defendants and any other costs or amounts collected
or received by the Court operated pursuant to the shared services
agreement shall be divided between such municipalities as provided
for in the agreement, unless otherwise provided by law.
C.
Municipal
Court Judge. This Municipal Court shall have a Municipal Court Judge.
The Municipal Court Judge shall have such qualifications, be appointed
and serve such term as is provided by law. The salary of the Municipal
Court Judge shall be determined by a separate salary ordinance of
the Town from time to time adopted or as set forth in a shared services
agreement establishing a shared municipal court.
D.
Municipal
Court Administrator. The Municipal Court shall have an Administrator
appointed by the governing body who shall perform the functions and
duties prescribed for the Administrator by law, by the rules applicable
to municipal courts and by the Municipal Court Judge. The Administrator
shall be appointed for a term of one year or as provided in a shared
services agreement. The salary of the Municipal Court Administrator
shall be determined by a separate salary ordinance of the Town from
time to time adopted or as set forth in a shared services agreement
establishing a shared municipal court.
E.
Deputy Municipal
Court Administrator. There may be one or more Deputy Court Administrators
of the Municipal Court who shall be appointed by the governing body.
Deputy Municipal Court Administrators shall perform the functions
assigned to them by the Municipal Court Judge and the Municipal Court
Administrator.
F.
Necessary
clerical and other assistance. The governing body may appoint such
other clerical or other assistance for the Municipal Court as is necessary
for the Court’s efficient operation.
G.
Municipal
Prosecutor. The Municipal Court shall have a Municipal Prosecutor.
The governing body shall appoint the Municipal Prosecutor and may
appoint a Chief Municipal Prosecutor and such Deputy Municipal Prosecutors
as may be determined by it to be necessary. The Municipal Prosecutor,
including any Chief or Deputy Municipal Prosecutor, shall be appointed
for a term of one year from the date of appointment, or as provided
in a shared services agreement, and may continue to serve in office
pending reappointment or appointment of a successor.
H.
Prosecutor
qualifications and duties. In accordance with N.J.S.A. 2B:12-27, the
Municipal Prosecutor and any Chief or Deputy Municipal Prosecutors
shall be qualified as attorneys at law of the State of New Jersey
in good standing, and shall represent the Town (or the Town as the
representative of the state in connection with prosecutions involving
violations of state law) in prosecutions in the Municipal Court. The
Municipal Prosecutor, including any Chief or Deputy Municipal Prosecutor,
shall have all the privileges and immunities enjoyed by the Attorney
General of the State of New Jersey, the County Prosecutor, and their
respective designees.
I.
Prosecutor
compensation. The Municipal Prosecutor, and any Chief, Deputy or Special
Municipal Prosecutor, shall be compensated in the manner established
by the separate salary ordinance of the Town from time to time adopted,
or professional services contract from time to time authorized, or
as set forth in a shared services agreement establishing a shared
municipal court.
J.
Municipal
Public Defender. There is hereby created the position of a Municipal
Public Defender who shall be appointed by the governing body. The
governing body may appoint a Chief Municipal Public Defender and such
Deputy Municipal Public Defenders as may be determined by it to be
necessary. The Municipal Public Defender, Chief Municipal Public Defender
or Deputy Municipal Public Defender shall be appointed for a term
of one year from the date of appointment, or as provided in a shared
services agreement, and may continue to serve in office pending reappointment
or appointment of a successor.
K.
Public Defender
qualifications and duties. In accordance with N.J.S.A. 2B:24-1 et
seq., the Municipal Public Defender and any Deputy Municipal Public
Defenders shall be qualified as attorneys at law of the State of New
Jersey in good standing and shall represent those defendants appearing
in Municipal Court who are determined by the Court to be indigent
and whose representation is assigned to the Municipal Public Defender
by the Court. The Municipal Public Defender and any Deputy Municipal
Public Defenders shall have all of the duties provided by N.J.S.A.
2B:24-1 et seq., in the representation of indigent defendants in proceedings
over which the Municipal Court has jurisdiction.
L.
Public Defender
compensation. The Municipal Public Defender, Chief Municipal Public
Defender or Deputy Municipal Public Defender shall be compensated
in the manner established by the separate salary ordinance of the
Town from time to time adopted, or professional services contract
from time to time authorized by resolution, or as set forth in a shared
services agreement establishing a shared municipal court.
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2013.
[1]
Editor’s Note: Former § 4-16,
Board of Assistance, as amended, was repealed 2-13-2001 by Ord. No.
01-01. This ordinance also provided that all duties of the Board of
Assistance and the Director of Welfare will be carried out by the
County of Hunterdon to the extent permitted by laws, and that any
duties imposed upon the Town of Clinton by N.J.S.A. 44:8-107 et seq.
or other laws which are not performed by the County of Hunterdon shall
be performed by the Municipal Clerk.
A.
Establishment. There shall be a Board of Health in
the Town consisting of five members appointed by the Mayor, with the
advice and consent of the Town Council, for a term of three years.
Appointments to fill vacancies shall be made in the same manner as
original appointments and all such appointments shall be for the unexpired
term only.
B.
Powers and duties. The Board of Health shall have
the power and authority to adopt ordinances relating to the protection
of the health of Town residents, shall employ necessary personnel
and fix their salaries and shall have under its jurisdiction the Bureau
of Vital Statistics of the Town, the Health Officer, the Public Health
Nurse and such other employees as are necessary to carry out its duties.
The Board of Health shall have all the jurisdiction conferred upon
boards of health by Title 26 of the New Jersey Statutes Annotated.
There shall be a Civil Defense and Disaster
Control Council pursuant to Chapter 438 of the 1956 Laws of New Jersey,
N.J.S.A. App. A:9-41, and a Director thereof. The Police Department
and all departments of the Town government shall cooperate with and
assist the Council as required.
A.
Established. A Shade Tree Commission is established
for the purpose of regulating, planting, care and control of shade
and ornamental trees and shrubbery upon and in the streets, highways,
public places, parks and parkways of the Town, except state highways
unless the State Highway Department assents thereto, and except county
highways, parks and parkways unless a County Shade Tree Commission
is operative and gives assent thereto. The Commission members shall
be residents of the Town and serve without compensation, except as
hereinafter provided.
B.
Appointment of members; terms; vacancies. The Shade
Tree Commission shall consist of five members appointed by the Mayor
for a term of five years, except that those first appointed shall
be on a staggered basis. All appointments, except those to fill vacancies,
shall be effective January 1 next succeeding the appointment. Any
vacancy occurring by reason of the death, resignation or removal of
any Commissioner shall be filled for the unexpired term by the Mayor.
C.
Organization. The Commission shall organize annually
by the election of one of its members as Chairman and the appointment
of a Secretary, who need not be a member.
D.
Powers and duties. The Shade Tree Commission shall
have the power to:
(2)
Promulgate such ordinances and written rules and regulations
as may be necessary pursuant to statute and for the proper interpretation
of this section, administration and enforcement, provided that the
ordinances and regulations do not conflict with this section and conform
to the general standards.
(3)
Exercise full and exclusive control over the regulation, planting and care of shade and ornamental trees and shrubbery now located or which may hereafter be planted in any public highway, park or parkway, except such as are excluded pursuant to Subsection A, including the planting, trimming, spraying, care and protection thereof.
(4)
Regulate and control the use of the ground surrounding
the same, so far as may be necessary for their proper growth, care
and protection.
(5)
Move or require the removal of any tree or part thereof
dangerous to public safety.
(6)
Care for and control such parks and parkways; encourage
arboriculture; make, alter, amend and repeal, in the manner prescribed
for the passage, alteration, amendment and repeal of ordinances by
the Town Council, any and all ordinances necessary or proper for carrying
out the provisions hereof.
(7)
Administer treatment to or remove any tree situated
upon private property which is believed to harbor a disease or insects
readily communicable to neighboring healthy trees in the care of the
Town and enter upon private property for that purpose, with the consent
of the owner, provided the suspected condition is first confirmed
by certificate issued by or on behalf of the New Jersey Department
of Agriculture.
E.
Planting and removal of trees to be a lien.
(1)
Except as hereinafter provided, the initial cost of
all trees planted by the Commission, the cost of planting the same,
the cost of the posts and boxes or guards used for their protection
and the cost of the removal of any tree or part thereof dangerous
to public safety shall, if the Commission so determines in accordance
with rules and regulations for that purpose, be a charge upon the
real estate in front of which the tree shall be planted or removed
as an improvement. The cost, if it is so determined that it is to
be paid by the owner, shall, unless paid directly to the Commission,
be certified to the Collector of Taxes and shall thereupon be a Hen
upon the real estate and shall be included in the next tax bill rendered
to the owner and collected in the same manner as other taxes against
the property.
(2)
The provisions of this subsection shall not apply
to a planting to replace a tree planted by the Commission or a planting
in connection with Arbor Day exercises or other educational demonstration.
F.
Notice and hearing. In every case where the owner
will be charged with the cost of planting any shade tree, the Commission
shall give notice of the meeting at which it is proposed to consider
the planting by publishing the notice at least one, not less than
20 days before the meeting, in a newspaper circulating in the Town,
or by personal service of a copy of the notice upon the abutting owner
at least 10 days before the meeting. The notice shall specify the
street or portions thereof on which the planting is proposed and require
all persons who may object to present their objections in writing
at the office of the Commission at or before the meeting. Before final
action is taken, all objections so filed shall be considered. The
Commission shall give reasonable notice of its intention to remove
or cause the removal of a tree or part of a tree dangerous to public
safety, unless public safety requires immediate removal, in which
case no notice shall be necessary.
G.
Consent required for certain improvements.
(1)
No statute giving any person, state, county or municipal
board, body or official the power or authority to lay sidewalks along
or to open, construct, curb or pave any street, or to do any similar
act, shall be construed to permit or authorize any interference with
or injury to a highway shade tree without the consent of the Shade
Tree Commission within whose jurisdiction the tree is located. In
all cases, the Commission shall reasonably cooperate with the person,
board, body or official for the general public good.
(2)
Nothing in this subsection shall be held to take away
or diminish any of the powers or authority of any County Park Commission
over the trees or shrubbery in any county park or parkway within its
jurisdiction, or to give any other commission or board any power or
authority with respect to such trees or shrubbery.
H.
Annual appropriations.
(1)
During the month of December in each year, the Shade
Tree Commission shall certify to the Council the estimated sum necessary
for the proper conduct of its work during the ensuing fiscal year,
which shall include the sums estimated to be expended for such of
the following items as it is anticipated expenditure will be made:
(a)
Payment of wages and salaries of employees.
(b)
Expenses of Commission members in discharging
official duties, including expenses incident to attendance at professional
meetings.
(c)
Purchase of trees and shrubbery.
(d)
Purchase of necessary equipment and materials
and the cost of services for the prudent promotion of the work.
(2)
The Council shall annually appropriate such sum as
it deems necessary for such purposes.
[Added 11-27-2007 by Ord. No. 07-17[1]; amended 2-12-2008 by Ord. No. 08-01; 2-10-2021 by Ord. No. 21-05]
A.
Creation. There is hereby created a Recreation Committee for the
Town of Clinton.
B.
Duties. Duties of the Recreation Committee members shall be to coordinate
and provide recreational activities within the Town of Clinton, subject
to and limited by the annual appropriation approved by the Mayor and
Council and income received.
C.
Members. The Recreation Committee shall consist of nine members,
plus two alternates. In addition, one member of the Town Council shall
serve as a nonvoting member, but shall not be required to attend all
meetings. Members shall be residents of the Town of Clinton. The members
shall serve without compensation, except that they shall be reimbursed
for expenses incurred in the performance of official business. All
members of the Recreation Committee shall be appointed by the Mayor
with the advice and consent of Council.
D.
Terms of members.
(1)
At the first appointment of members of the Recreation Committee the
following terms apply: two shall be appointed for a term of one year;
two shall be appointed for a two-year term; two shall be appointed
for a three-year term; two shall be appointed for a four-year term;
and one shall be appointed for a five-year term. Initial appointments
shall terminate December 31 of the last year of the term. Upon the
expiration of the first appointment term of each said member, the
succeeding term thereafter shall be for five years. Vacancies occurring
other than by expiration of the term shall be filled for the unexpired
term only.
(2)
At the first appointment of alternate members to the Recreation Committee
the following terms apply: one shall be appointed for one year and
one shall be appointed for two years. Initial appointments shall terminate
December 31 of the last year of the term. Upon the expiration of the
first appointment term of each said member, the succeeding term thereafter
shall be for five years. Vacancies occurring other than by expiration
of the term shall be filled for the unexpired term only.
E.
Chairperson. At the beginning of each year, the Recreation Committee
shall designate a member of the Board to serve as Chair.
F.
Recreation Director, secretary, assistants. If a sufficient appropriation
has been provided for, the Recreation Committee, with the consent
of the Mayor and Council, may appoint a Recreation Director for a
term not to exceed three years. Salary recommendations will be made
to the Mayor and Council during annual budget process. Such expenses
are subject to and limited by the annual appropriation approved by
the Mayor and Council and income received.
G.
Finances.
(1)
The Mayor and Council shall annually fix, determine and appropriate
a sum sufficient for the activities of the Recreation Committee.
(2)
The Chief Financial Officer shall oversee all expenditures and purchases
for recreational activities. In the fall of each year, the Recreation
Committee shall, at the direction of the Chief Financial Officer,
prepare a proposed budget for submission to the Mayor and Council
for the next calendar year. The Chief Financial Officer shall keep
track of all expenditures and revenues for recreational activities
during the course of the budget year so that recreational expenditures
are consistent with budgeted amounts and all revenues are accounted
for.
(3)
Expenditures of the Recreation Committee are limited by its annual
appropriation as approved by the Mayor and Council, and such funds
it has from fees collected.
(4)
All monies received by the Recreation Committee shall be paid over
to the Town Chief Financial Officer, and be held by him/her kept in
a special fund, and used only for the purpose of defraying the expenses
of improving, maintaining, or policing the playgrounds and recreation
places and for the other appropriate expenses of the Committee.
H.
Acquisition of property. The Recreation Committee shall have no power
to incur any obligation in the name of the Town or on the Town's
account, except for expenditures within the Committee's appropriation
as made by the Mayor and Council, and any expenditure shall be in
accordance with the fiscal affairs rules imposed by law.
I.
Fees and charges.
(1)
The Mayor and Council shall, within the first two months of the adoption
of this section establishing the Recreation Committee, with the assistance
of the Chief Financial Officer, determine the nature and amount of
all revenue sources from those who pay to use Town facilities or services
and shall then cause to have prepared an ordinance establishing a
charge therefor. The ordinance may permit certain charges of a fluctuating
nature to be set by the Mayor and Council by yearly resolution. Thereafter,
services for recreation activities shall only be imposed pursuant
to the charges established by law.
(2)
Charges for the use of Town properties and facilities shall be as
follows:
Facility
|
Charge
|
---|---|
Field use
|
To be established by yearly resolution
|
Use of Community Center
|
To be established by yearly resolution
|
User charge for participation in summer recreation program
|
To be established by yearly resolution
|
Registration fee for Clinton Basketball League
|
To be established by yearly resolution
|
Tennis program
|
To be established by yearly resolution
|
J.
Violations of rules and regulations. The Mayor and Council, when
adopting suitable rules and regulations for use of the playgrounds
and recreation areas, and the conduct of all persons while on or using
the same, may recommend that provision be made by ordinance that violations
be a disorderly persons offense and that penalties be set for such
offenses by ordinance.
[1]
Editor's Note: This ordinance also repealed
former § 4-20, Parks and Playgrounds Commission, as amended.
A.
Inspection of public records. Public records of the
Town shall be open for inspection by members of the public as provided
by law (N.J.S.A. 47:1A-1). Such inspection shall be made only at reasonable
times during business hours and without interference with the conduct
of the affairs of the office or other place where such records are
kept or maintained.
B.
Schedule of fees. The fees or other maximums that may be authorized by law from time to time to be charged for copies of public documents, permits and services shall be as provided in Chapter 73, Fees.
[Amended 3-26-1985 by Ord. No. 85-4]
C.
Copying by person requesting documents. Where the document in question is more than 100 pages in length, the Clerk may permit the person requesting copies to use his own copying machine, provided there is no risk of damage to or mutilation of the documents and it would not be incompatible with the transaction of public business. Such determination shall be completely within the discretion of the Clerk. The fee in such case shall be as provided in Chapter 73, Fees.
[Amended 3-26-1985 by Ord. No. 85-4]
[Added 3-27-1973]
A.
Establishment. There is hereby created an Environmental
Commission in the Town for the protection, development or use of natural
resources, including water resources, located within the territorial
limits of the Town, pursuant to the provision of N.J.S.A. 40:56.[1]
[1]
Editor's Note: See N.J.S.A. 40:56A-1 for provisions
on establishing an Environmental Commission.
B.
Membership; terms.
(1)
The Commission shall consist of seven members appointed
by the Mayor, one of whom shall also be a member of the Municipal
Land Use Board, one of whom shall be a member of the Town Council
and one of whom shall be a member of the Shade Tree Commission, and
all of whom shall be residents of the Town.
[Amended 12-10-2013 by Ord. No. 13-20]
(2)
Members shall serve without compensation, and the
Mayor shall designate one of the members to serve as Chairman and
presiding officer of the Commission.
(3)
The terms of office of the first Commissioners shall
be for one, two or three years, to be designated by the Mayor in making
his appointments so that the terms of approximately 1/3 of the
members shall expire each year, and their successors shall be appointed
for terms of three years and until the appointment and qualification
of their successors.
(4)
The Mayor or Council of the Town may remove any member
of the Commission for cause, on written charges served upon the member
and after a hearing thereon at which the member shall be entitled
to be heard in person or by counsel.
(5)
A vacancy on the Commission occurring otherwise than
by expiration of a term shall be filled for the unexpired term in
the same manner as an original appointment.
C.
Powers. The Environmental Commission shall have the
power to conduct research into the use and possible use of the open
land areas of the Town and may coordinate the activities of unofficial
bodies organized for similar purposes, and may advertise, prepare,
print and distribute books, maps, charts, plans and pamphlets which
in its judgment it deems necessary for its purposes. It shall likewise
have the power to study and make recommendations regarding open space
preservation, water resources management, air pollution control, solid
waste management, noise control, soil and landscape protection, environmental
appearance and protection of flora and fauna. It shall likewise have
the power to manage donated or purchased lands for conservation purposes
and the operating of conservation programs and shall act as the coordinating
agency of the Town on conservation matters and a liaison between conservation
needs and regional, county, state and federal agencies and private
agencies ministering to those needs.
D.
Index of open areas. The Environmental Commission
shall keep an index of all open areas, publicly or privately owned,
including open marshlands, swamps and other wetlands, in order to
obtain information on the proper use of such areas, and may from time
to time recommend to the Land Use plans and programs for inclusion
in the Master Plan for the development and use of such area.
[Amended 12-10-2013 by Ord. No. 13-20]
E.
Acquisition of property. The Environmental Commission
may, subject to the approval of the Town Council, acquire property,
both real and personal, in the name of the Town, by gift, purchase,
grant, bequest, devise or lease, for any of its purposes, and shall
administer the same for such purposes, subject to the terms of the
conveyance or gift. Such an acquisition may be to acquire the fee
or any lesser interest, development right, easement, including conservation
easement, covenant or other contractual right, including a conveyance
on conditions or with limitations or reversions, as may be necessary
to acquire, maintain, improve, protect, limit the future use of or
otherwise conserve and properly utilize open spaces and other land
and water areas in the Town.
F.
Control of lands. The Environmental Commission shall,
subject to approval of the Town Council, have exclusive control of
lands acquired for the purposes stated, and may adopt suitable rules
and regulations for the use thereof and the conduct of all persons
while on or using the same.
G.
Records and reports. The Environmental Commission
shall keep records of its meetings and activities and shall make an
annual report on or before December 1 of each year and submit the
same to the Council. Such report shall be comprehensive and detailed
covering operations, receipts, disbursements and expenditures for
the full year.
H.
Operational procedures.
(1)
Adoption of bylaws. The Environmental Commission is
authorized to adopt bylaws governing its procedural operation.
(2)
Records. The Town Council shall annually fix, determine
and appropriate a sum sufficient for the care, custody, policing and
maintenance of such lands acquired for the uses and purposes herein
stated and for the expenses of the Commission, which shall be raised
by taxation in the same manner as other taxes.
(3)
Employees. The Environmental Commission may appoint
a clerk and other employees as it may from time to time require and
as shall be within the limit of funds appropriated to it. The salaries
of all such employees shall be fixed and determined by the Town Council.
[Added 6-11-1974 by Ord. No. 74-6]
A.
Findings. Pursuant to the provisions of N.J.S.A. 40:63-68
et seq., it is deemed in the best interest of this municipality to
undertake certain surveys and reports at joint expense with the municipalities
of Bethlehem Township, the Borough of Califon, the Town of Clinton,
Clinton Township, Franklin Township, the Borough of Glen Gardner,
the Borough of Hampton, the Borough of High Bridge, Lebanon Township
and Union Township. The provisions of this section shall be adopted
by the aforesaid municipalities.
B.
Authorization. The Town is hereby authorized to unite
with the aforesaid municipalities and jointly cause to be made, at
joint expense, surveys, maps and plans of and reports, specifications
and estimates for the construction, maintenance and operation of outlet
or trunk sewers or a system of sewerage, or systems of conveying sewage
from a point or points to be agreed upon to a common destination or
to disposal works, and for the construction, maintenance and operation
of works, plants and stations within or without the municipality for
treatment, rendering and disposal of sewage.
C.
Execution of agreement. The Town shall unite with
the aforesaid municipalities for the purpose aforesaid under the name
of "North Hunterdon Joint Sewerage Assembly."
D.
Delivery of cost estimates, plans and specifications.
The surveys, maps, plans, reports, specifications and estimates or
true copies thereof shall be delivered by the persons making them
to the Clerk of the municipality, together with an estimate of the
cost and expense of the proposed improvements or works and the percentage
of the cost and expense proposed to be apportioned to and paid by
the municipality, and also an estimate of the annual cost of maintenance,
repairs, operation and supervision of the proposed improvements or
works annually to be paid by each municipality after the completion
thereof.
[Added 5-9-1978 by Ord. No. 78-7]
The personnel policy of the Town shall be duly
set by resolution adopted by the Mayor and Council of the Town and
shall thereafter be modified and amended by resolution.
[Added 10-25-1988 by Ord. No. 88-15; amended 11-22-1988 by Ord. No. 88-18; 5-13-2020 by Ord. No. 20-13]
A.
The position of Emergency Management Coordinator for
the Town of Clinton is hereby created.
B.
The Emergency Management Coordinator shall have the
authority to appoint one or more Deputy Emergency Management Coordinators
subject to the approval of the Mayor of the Town of Clinton. The Emergency
Management Coordinator shall have the authority to appoint one or
more Emergency Management Administrators subject to the approval of
the Mayor of the Town of Clinton.
C.
Except as otherwise provided by law, the Emergency
Management Coordinator shall not be removed during his term of office
for political reasons but may be removed for good cause, including
but not limited to incapacity, misconduct or disobedience of the rules
and regulations established by the Mayor and Council or by the State
Director of Emergency Management and then only in accordance with
the procedures set forth in N.J.S.A. 40A:9-161.
D.
The Emergency Management Coordinator shall successfully
complete the current approved Civil Defense Director-Coordinator course
within one year immediately following his appointment. The failure
of the Emergency Management Coordinator to fulfill this requirement
shall disqualify the Emergency Management Coordinator from continuing
in office, and thereafter, a vacancy in said office shall be deemed
to have been created.
E.
The Deputy Emergency Management Coordinators and Emergency
Management Administrators shall serve at the pleasure of the Mayor
and Council under the direction of the Emergency Management Coordinator.
[Added 3-10-1998 by Ord. No. 98-3]
A.
There is hereby created the position of Municipal
Public Defender for the Town of Clinton, which position shall be filled
by an attorney at law of New Jersey in good standing. The term for
the initial appointment of the Municipal Public Defender shall be
from the date of appointment until December 31, 1998. Thereafter the
term shall be for one year or until the qualification of his or her
successor. The Municipal Public Defender shall be compensated either
on an hourly, per diem, annual or other basis as determined by the
ordinance, resolution or agreement setting compensation.
B.
The duties of Municipal Public Defender shall be to
represent any defendant charged with an offense in Municipal Court
who is an indigent municipal defendant entitled to representation
pursuant to N.J.S.A. 2B:24-1 et seq., not including de novo appeals
to the Superior Court.
C.
A Municipal Public Defender may be removed by the
Mayor and Council for good cause shown and after a public hearing
and upon due notice and an opportunity to be heard. Failure to reappoint
a Municipal Public Defender for a second or subsequent term does not
constitute a removal from office within the meaning of this subsection.
D.
If there is a vacancy in the office of Municipal Public
Defender, if the Municipal Public Defender is temporarily unavailable
or if a finding of conflict of interest precludes the Municipal Public
Defender from representing an indigent defendant, the Municipal Court
may appoint a qualified attorney to represent the indigent defendant,
at compensation to be paid by the municipality, at rates to be established
by resolution of the Mayor and Council or, in absence of such rates,
at the rates established by the Office of the Public Defender in conflicts
cases, with payment to be made within 30 days of submission of a voucher
in the proper form. Once appointed, the attorney shall carry out all
duties of the Municipal Public Defender in connection with the case
that is the subject of the appointment.
E.
A person applying for representation by a Municipal
Public Defender or Court-appointed counsel shall pay, on or after
December 22, 1997, an application fee of $200 to the Town of Clinton.
The Municipal Court Judge may waive the required application fee,
in whole or in part, only if the Court determines, in its discretion,
upon a clear and convincing showing by the applicant, that the application
fee represents an unreasonable burden on the person seeking representation.
The Municipal Court may permit a person to pay the application fee
over a specific period of time not to exceed four months.
F.
Funds collected pursuant to Subsection E of this section shall be deposited in a dedicated fund administered by the appropriate official of the Town of Clinton or the North Hunterdon Municipal Court. Such funds shall be used exclusively to meet the costs incurred in providing the services of the Municipal Public Defender, including, when required, expert and lay investigation and testimony.
G.
There shall be no obligation of the Town of Clinton
to pay for expert and lay investigation or testimony necessary to
the defense of an indigent prior to March 24, 1999, at which time
the obligations of the Town in this regard shall be in accordance
with applicable statute and/or the New Jersey Rules of Court.
H.
The Town of Clinton shall have all lien and collection
rights on any property to which the defendant, or the parents or legal
guardians of a minor defendant, shall have or acquire an interest
for an amount equal to the reasonable value of services rendered to
a defendant by the Municipal Public Defender or Court-approved compensated
counsel consistent with the procedures set forth in N.J.S.A. 2B:24-11,
2B:24-12, 2B:24-13, 2B:24-14, 2B:24-15 and 2B:24-16, or as otherwise
provided by law.
[Added 4-24-2018 by Ord.
No. 18-02[1]]
A.
Establishment. There is hereby established an Economic Development
Committee ("EDC") which shall consist of seven members to be appointed
by the Mayor with the advice and consent of Council. Such members
shall be selected for their interest, knowledge or experience in one
or more of the following areas: economic development, banking, real
estate, the arts, agriculture, small business, tourism, industry,
commerce, building, housing, science and technology, or employee relations,
and shall be classified and appointed as follows:
B.
Compensation; terms.
(1)
All members of the Committee shall serve without compensation. The
terms of the Land Use Board and Council members shall correspond to
their respective terms of office. The terms of the resident and merchant
members shall be for a period of one year, running from the date of
appointment.
(2)
Appointments to fill vacancies of resident and merchant members shall
be for the unexpired term only.
C.
Functions and duties.
(1)
The Committee shall act in a strictly advisory capacity to the Mayor
and Town Council on all matters concerning industrial, business, and
commercial development within the limits of the Town of Clinton, not
in conflict with the rights and duties of the Town of Clinton Land
Use Board ("Land Use Board"). The Committee shall, by a majority vote,
select one Committee member who shall act as liaison to the Land Use
Board. The said member may render nonbinding advice and information
to the Land Use Board on matters involving land use generally within
the Town or with respect to particular applications brought before
the Land Use Board involving commercial development within the Town.
The liaison member shall also be responsible for providing the Committee
with information as to the status or pendency of applications involving
commercial developments and/or land use matters before the Land Use
Board relevant to the economic development of the Town.
(2)
The Committee shall be empowered to develop plans and programs to
encourage businesses to locate in Clinton, to review Town ordinances
to determine whether they are helpful in attracting suitable businesses,
to solicit ideas from professional and local businesses as to how
to encourage new businesses to locate in Clinton, to develop reports
relevant to sustainable economic growth, including but not limited
to, the submission of an economic development plan addendum to the
Town Master Plan, and to take any and all other such steps consistent
with the goals set forth in this section to make Clinton a better
place to live by encouraging sustainable economic growth and beneficial
business development.
(3)
The Committee shall be empowered to make recommendations to the Town
Council regarding matters relating to community development, the establishment
of redevelopment zones, plans, projects and proposals affecting proposed
and established redevelopment areas, and any and all other matters
pertaining to economic development within the Town of Clinton.
(4)
The Committee shall serve as an ombudsman to business and community
organizations by maintaining liaison with those organizations which
are deemed essential to the success of the various programs and projects
of the Town Council.
(5)
The Committee is charged with the responsibility of organizing and
exploring grant options that may be available to help fund studies
or analysis of the smart growth potential for the Town, including
securing grants from the Highlands Commission, the Department of Environmental
Protection, the Department of Community Affairs, the County of Hunterdon
and any other federal, state, local or private agency that may have
funding available to assist the Town in furthering sustainable economic
growth.
(6)
The Committee shall perform such other duties relating to economic
development affecting the Town as may be required by the Mayor and
Council.
(7)
The Committee is authorized to work with the Town Planner, Engineer
and Attorney to further its goals.
(8)
The Committee shall have full and complete charge of all expenditures
of funds allocated to the Committee by the budget of the Town, and
the Town shall not be liable for any amount greater than that appropriated
for the Committee by the Town Council. The Committee is permitted
to seek private and public grant funding.
D.
Appointment of Chairman; officers. The Mayor shall appoint a Chairman
and Vice Chairman. The Mayor shall appoint a Secretary who shall keep
accurate records of its meetings and activities.
E.
Adoption of bylaws and regulations. The Committee shall have the
power to adopt bylaws, subject to the approval thereof by the Town
Council.
F.
Reports and recommendations. The Committee shall have the power to
make recommendations to the Town Council and shall periodically, but
not less than once per year, render reports of its activities to the
Town Council.
[1]
Editor's Note: This ordinance also repealed former § 4-27,
Smart Growth Committee, added 2-14-2006 by Res. No. 36-06, as amended.
[1]
Editor's Note: Former § 4-28, Municipal Housing
Liaison, was repealed 3-11-2020 by Ord. No. 20-02.