Borough of South River, NJ
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of South River as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Department of Administration — See Ch. 9.
Boards, commissions and authorities — See Ch. 22.
Officers and employees — See Ch. 59.
[Adopted 7-2-2007 by Ord. No. 2007-11]

§ 23-1 Intent and purpose.

The purpose of this article is to foster the openness of government and provide citizens with the information concerning the various appointed Borough positions which exist within South River. The article further provides for a procedure whereby a citizen can indicate his/her desire to serve in a particular appointed position. Finally, the article provides for a notification process so that those citizens who have indicated a desire to hold a position will be notified when that position is under consideration for appointment.

§ 23-2 Definitions.

The following terms as used in this article shall have the meaning set forth below unless the context within which the term is used clearly provides for a difference meaning:
APPOINTED BOROUGH POSITION
Any appointed position within the Borough of South River which is created either by statutory law or by ordinance or resolution. Examples of such positions are Municipal Historian, member of any board, commission, agency, council or committee of the municipality.
APPOINTING AUTHORITY
The official or body which by virtue of statutory law or by ordinance or resolution is given the authority to appoint a person to hold a particular appointed Borough position.

§ 23-3 Registry of appointed Borough positions.

The Borough Administrator/Clerk shall cause a register of appointed Borough positions to be prepared and maintained. Such a register shall be made available on the Borough's Web site and at the Municipal Building and shall set forth at least the following:
A. 
Title of each appointed Borough position.
B. 
Brief description of the position's powers and duties.
C. 
Any special credentials or qualifications required to hold the position.
D. 
The length of term for the position.
E. 
The name of the person currently holding the position, the expiration date of his or her term, and the number of vacant seats on the board or commission.
F. 
The dates/times and frequency of any meetings which the holder of the position must attend.

§ 23-4 Vacancies.

The Borough Administrator/Clerk shall maintain a current updated listing of all existing vacancies for each appointed Borough position within the municipality. Such a list shall be made available free of charge at the Municipal Clerk's office and shall, in addition, be posted by the Borough Clerk on a bulletin board maintained for public announcements in the Borough Building.

§ 23-5 Filling vacancies.

Unless essential for the proper functioning and/or carrying on of business of the local agency upon which the vacancy has occurred, a vacancy shall not be filled for a period of 60 days from its posting in order to allow interested persons time to submit applications as provided in § 23-6 below.

§ 23-6 Applications.

The Borough Clerk shall maintain an application form to be completed by any person interested in serving in an appointed Borough position. Such application shall, at a minimum, contain the following information:
A. 
Name.
B. 
Address.
C. 
Appointed Borough position sought.
D. 
Qualifications/experience for position.
E. 
Signature.

§ 23-7 Filing application.

Any person interested in serving in an appointed Borough position may file an application for such position with the Borough Clerk. Such application(s) may be filed at any time, whether or not the appointed Borough position sought is vacant. A person may withdraw his or her application at any time.

§ 23-8 Maintaining applications.

The Borough Clerk shall maintain all filed applications in a file or binder, segregated for each board or commission. Applications shall be considered void after two years unless renewed by the applicant.

§ 23-9 Filling voluntary Borough positions.

Prior to filling any appointed Borough position, the appropriate appointing authority shall review each application filed for that position. The appointing authority shall conduct such review, investigation, and/or interviews as the appointing authority deems necessary or advisable, in its discretion. After a decision is reached to fill a vacant appointed Borough position, the name of the individual appointed shall be listed by the Borough Clerk on a bulletin board maintained for public announcements in the Municipal Building.
[Adopted 3-8-2010 by Ord. No. 2010-4]

§ 23-10 Authority to make appointments.

The governing body may make such professional appointments as it deems necessary, including but not limited to a Borough Attorney and a Borough Engineer. These positions shall be filled by appointment by the Mayor with the advice and consent of the Council.

§ 23-11 Borough Attorney.

A. 
Appointment; term; qualifications; compensation.
(1) 
The Borough Attorney shall be appointed by the Mayor, with the advice and consent of the Council, at the annual organizational meeting in January of each year and shall serve for a term of one year from the first day of January of the year of his/her appointment and until his/her successor has been appointed and qualified.
(2) 
The Borough Attorney shall be an attorney at law of the State of New Jersey but need not be a resident of the Borough.
(3) 
The Borough Attorney shall receive a retainer for attendance at Council meetings and for the preparation of usual and routine resolutions and shall receive such additional compensation as shall be provided from time to time from additional services required.
B. 
Powers and duties. The Attorney shall have such powers and perform such duties as are provided for the office of municipal attorney by general law or ordinances of the Borough. He/she shall represent the Borough in all judicial and administrative proceedings in which the municipality or any of its officers or agencies may be a party or have an interest. He/she shall give all legal counsel and advice where required by the Council or any member thereof and shall, in general, serve as the legal adviser to the Council on all matters of Borough business. In furtherance of such general powers and duties, but without limitation thereof, the Borough 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 municipality.
(2) 
With the approval of Council, conduct such appeals from orders, decisions or judgments affecting any interest of the Borough as he/she may, in his/her discretion, determine to be necessary or desirable or as directed by Council.
(3) 
Subject to the approval of the Council, have power to enter into any agreement, compromise or settlement of any litigation in which the Borough is involved.
(4) 
Render opinions, in writing, upon any question of law submitted to him/her by the Mayor or Council, or any member thereof, with respect to its or his/her official powers and duties, and perform such duties as may be necessary to provide legal counsel to the Council in the administration of municipal affairs.
(5) 
Supervise and direct the work of such additional attorney and technical and professional assistants as the Council may authorize for special or regular employment in or for the municipality.
C. 
Records and papers. All papers, documents, memoranda, reports and all other materials relating to the administration of the legal duties of the Borough Attorney shall be and remain the property of the Borough. Upon the termination of his/her services with the Borough, the Borough Attorney shall forthwith surrender to any successor all such property, together with a written consent to substitution of any successor in all legal actions and proceedings then pending to which the Borough is a party.

§ 23-12 Borough Engineer.

A. 
Appointment; term; qualifications; compensation.
(1) 
The Borough Engineer shall be appointed by the Mayor, with the advice and consent of the Council, at the annual organizational meeting in January of each year and shall serve for a term of one year from the first day of January of the year of his/her appointment and until his/her successor has been appointed and qualified.
(2) 
The Borough Engineer shall be a professional engineer duly licensed by the State of New Jersey but need not be a resident of the Borough.
(3) 
The Borough Engineer shall receive a retainer for attendance at Council meetings and shall be compensated for such additional engineering services required pursuant to a consulting contract.
B. 
Duties. The Engineer shall perform such duties as are 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 authorized and undertaken by the Borough pursuant to a consulting contract.
(2) 
Provide, maintain and file with the Borough Clerk surveys, maps, plans, specifications and control records with respect to public works and facilities owned or operated by the Borough.
(3) 
Provide technical and engineering advice and assistance to other Borough departments as needed in accordance with a consulting contract.
C. 
Records and papers. All papers, documents, memoranda, reports, maps, surveys, plans and other material relating to the administration of engineering duties of the Borough Engineer shall be and remain the property of the Borough. Upon the termination of his/her service with the Borough, the Engineer shall surrender all such property to his/her successor.