[Amended by Ord. No. 37-1991]
A.
There shall be an office of the Township Clerk, the
head of which shall be the Township Clerk.
B.
The Clerk shall be appointed by the Council and shall,
prior to appointment, be qualified by training and experience to perform
the duties of the Clerk's office.
C.
The Clerk shall serve for a term of three years, and
shall receive such compensation as shall be provided by ordinance.
A.
The Clerk shall engross all ordinances and all resolutions
of a permanent character in books to be provided for that purpose.
After each ordinance the Clerk shall also engross and certify the
proof of publication thereof as required by law. Each ordinance and
resolution so engrossed shall be signed by the Mayor and the Clerk
who shall attest that it was duly adopted upon a date stated, and
when so signed the engrossed copy shall be deemed to be a public record
of the ordinance or resolution. Any omission by the Clerk or the Mayor
to engross, sign or certify as herein required shall not impair or
affect the validity of any ordinance which has been duly adopted.
B.
At the close of each year, the Clerk shall properly
index the record books, compilation or codification of ordinances
and resolutions. Where the Council has not appointed a firm or other
agency to compile and codify the ordinances and resolutions of the
Council, it shall be the obligation of the Clerk, with the advice
and assistance of the Township Attorney, to bind, compile or codify
all ordinances and resolutions, or true copies thereof, which remain
in force.
[Amended 11-2-2009 by Ord. No. 32-2009]
The Clerk shall have custody of and shall safely
keep all records, books and documents of the Township, except those
committed by the Charter or ordinance to any other office or transferred
thereto by the Manager. The Clerk shall, upon request and upon the
payment of the fees prescribed therefor by ordinance or resolution
of the Council, for the use of the Township, furnish a certified copy
of any such paper in custody, under the corporate Seal of the Township.
A.
Government records not in the form of printed matter:
(1)
The custodian shall permit access to a government record and provide
a copy thereof in the medium requested if the Township maintains the
government record in that medium. If the Township does not maintain
the government record in the medium requested, the custodian shall
either convert the government record to the medium requested or provide
a copy in some other meaningful medium. If a request is for a record
in a medium not routinely used by the agency; not routinely developed
or maintained by an agency; or requiring a substantial amount of manipulation
or programming of information technology, the Township may charge,
in addition to the actual cost of duplication, a special charge that
shall be reasonable and shall be based on the cost for any extensive
use of information technology, or for the labor cost of personnel
providing the service, that is actually incurred by the agency or
attributable to the agency for the programming, clerical, and supervisory
assistance required, or both.
(3)
Any government record requested in a media which is not in the printed
form shall be charged according to the actual costs of duplication
and for actual costs of any needed supplies such as computer discs.
[Amended 10-25-2010 by Ord. No. 31-2010]
(4)
Governmental
electronic records, such as records sent via e-mail and fax, will
be provided free of charge.
[Added 10-25-2010 by Ord. No. 31-2010]
B.
Fees, special service charges and amounts authorized.
(1)
Whenever government records cannot be reproduced by regular copying
equipment or fulfillment of the request will involve extraordinary
time and effort (for example, where a large number of records must
be recovered from storage or substantial staff time is required to
locate, review, assemble and redact the government record for copying
or inspection), reasonable charges may be imposed as follows:
(a)
The actual cost (materials and supplies but no labor charges)
of duplication, reproduction or assembly for inspection; and
(b)
A special service charge of $100 per hour or the actual direct
cost of labor (if less) shall be imposed for each hour expended by
the Township employee to respond to an extraordinary request.
(2)
Advance notice of fees; special service charges. Any requestor of
government records who may be subject to the payment of a fee or special
service charge under this section shall receive advance notice of
the amount of the fees and charges before any work is begun. Whenever
the costs of reproducing a government record covered by this section
exceed $25, the Township Clerk shall require payment in full of such
charges before beginning the work.
(3)
Duplication of other work beyond capability of the township work
force. Whenever the Township work force or Township equipment is insufficient
to duplicate or produce government records in a timely manner, the
Township Clerk may cause such duplication or production to be performed
by third-party vendors, including, but not limited to, copy centers
or producers of digital images. If the cost to duplicate or produce
the government record charged by such third-party vendors exceeds
the charges set forth in the Code of the Township of Livingston, the
requestor shall pay the actual costs of same without any surcharge
for labor costs.
A.
The official corporate Seal of the Township is hereby
continued. The Seal shall be kept in the office of the Clerk who shall
be the custodian thereof.
B.
The Clerk shall cause the corporate Seal to be affixed
to instruments and writings when authorized by ordinance or resolution
of the Council or when necessary to exemplify any document on record
in the Clerk's office or to certify any act or paper which, from the
records in the office, shall appear to have been a public act of the
Township or a public document. The Clerk shall not affix the said
Seal or cause or permit it to be affixed to any other instrument or
writing or other paper, unless required by law or ordinance.
The Clerk, subject to the supervision of the
Manager, shall:
A.
Be the depository and custodian of all official surety
bonds furnished by or on account of any officer or employee, except
the Clerk's own bond (which shall be placed in the custody of the
Collector-Treasurer); of all insurance policies upon or with respect
to risks insured for the benefit of the Township or to protect it
against any claim, demand or liability whatsoever; and all formal
contracts for work, labor, services, supplies, equipment, and materials,
to which the Township may be a party;
B.
Have custody of all deeds and leases of property owned
by the Township;
C.
Be the depository for and have custody of all performance
bonds running to the Township as obligee, or any other form of security,
given by any contractor, subdivision developer or other persons on
account of work done or to be done in or for the Township;
D.
Report to the Manager annually, at such time as the
Manager may require, on the coverage, expiration date and premium
of each surety bond and contract of insurance; the nature and terms
of outstanding leases, the rent reserved by each, and their respective
expiration dates.
In addition to such other functions, powers
and duties as may be prescribed by the Charter and ordinances and
subject to the supervision and direction of the Manager, the Clerk
shall:
A.
Perform all of the functions required of municipal
Clerks by the general election law (Title 19 of the Revised Statutes)
and any other law or ordinance;
B.
Administer the provisions of the Township ordinances
with reference to the licensing of occupations and activities for
which licenses are required by law or ordinance to be obtained from
the Clerk;
C.
Issue such licenses as may be authorized by the Council
pursuant to the State Alcoholic Beverage Control Law (N.J.S.A. 33:1-1
et seq.) and the ordinances of the Township;
D.
Have such other, different and additional functions,
powers and duties as may be prescribed by law or ordinance, or delegated
by the Manager.
E.
Pursuant
to authorization from the Township Council, the Office of the Clerk
has been delegated authority to approve the granting of raffle and
bingo licenses.
[Added 10-9-2006 by Ord. No. 41-2006]
[Added by Ord. No. 15-2002; amended 5-9-2022 by Ord. No. 11-2022]
A.
Appointment; term.
(1)
There is hereby established the position of Deputy Township Clerk,
as authorized by N.J.S.A. 40A:9-135, which position shall be part
of the office of the Township Clerk.
(2)
The Deputy Township Clerk shall be appointed by the Township Manager
and shall hold his or her appointment at the pleasure of the Township
Manager and shall, prior to appointment, be qualified by training
and experience to perform the assigned duties of the Clerk's
office as determined by the Township Manager, in consultation with
the Township Clerk.
B.
Powers and duties. The Deputy Township Clerk shall assist in the
prompt performance of the duties of the Township Clerk and the Clerk's
office as directed by, and under the supervision of, the Township
Clerk. During the absence or disability of the Township Clerk, the
Deputy Township Clerk shall have all the powers of the Township Clerk
and shall perform the functions and duties of such office.
[Added 10-4-2004 by Ord. No. 26-2004; amended 11-2-2009 by Ord. No. 32-2009; 10-25-2010 by Ord. No. 31-2010]
The following fees and charges are hereby fixed:
|
Type
|
Fee
| |
|---|---|---|
|
Zoning and Street Map
|
$5.00
| |
|
Master Plan
|
$15.00
| |
|
Master Plan supplement
|
$15.00
| |
|
Land Use Ordinance pamphlet
|
$50.00
| |
|
Insurance coverage letter (limousines)
|
$5.00
| |
|
OPRA fees
| ||
|
Letter-size page or smaller
|
$0.05 per page
| |
|
Legal-size page or larger
|
$0.07 per page
| |
|
Electronic records and nonprinted material (faxes and e-mails)
|
$0.00 per page
| |
|
Computer discs, CD-ROMs, DVDs
|
Actual costs
| |
