Borough of Milford, NJ Administration of Government

Whenever the Mayor or any member of Council shall present to the Council his or her resignation from office, the resignation may be accepted by a vote of a majority of the quorum of the Borough Council present, and the office shall thereupon be deemed vacant.

For a vacancy occurring, whether by resignation or otherwise, subsequent to September 1 of the last year of the term of the officer whose office has become vacant, the office shall be filled for its unexpired term by a majority vote of the remaining members of the Borough Council. If, however, a vacancy occurs at any other time, the vacancy shall be filled for its unexpired term at the next annual municipal election to be held not less than 60 days after the occurrence of the vacancy. The Council shall temporarily fill the vacancy as above set forth until the annual election. All such vacancies shall be filled within 30 days of the occurrence of the vacancy. All persons elected to serve for the unexpired term of an office shall take office immediately upon the certification of the results of the election pursuant to law.

Other elective offices. All vacancies in other elective offices shall be filled as required by statute.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ABSENTEE

An elected official or appointed member of a council, board, commission, committee or authority who is not in attendance at a scheduled meeting.

EXCUSE

Advance notice from an elected official or appointed member that they will not be present at a prescheduled meeting for just cause to the Borough Clerk or secretary of said board.

JUST CAUSE

The reasonable grounds and acceptance of an absence from a member of the council, board, commission, committee or authority meeting by said council, board, commission, committee or authority.

Purpose. The purpose of the within section is to adopt a policy establishing a higher absentee threshold than that established in N.J.S.A. 40A:9-12.1. The governing body believes that the hereinafter-established absentee policy will help the Council, boards, committees, and authorities to better function and perform their duties.

Establishment of policy.

In the event that an elected official or member of a board, committee, or authority established within the Borough of Milford fails to attend and participate at meetings of such body for a period of six consecutive weeks, or three consecutive meetings, whichever shall be of a longer duration, without being excused for just cause, the Municipal Clerk or Secretary of said body shall notify the governing body in writing of that determination. Said council, board, committee or authority may refuse to excuse said absences only with respect to those failures to attend or participate which are not due to just cause.

The Milford Borough Common Council upon being presented with the above determination shall deem said position vacant and proceed to fill said appointment for the un-expired term in accordance with the appropriate statute.

§ 3-5 Appointed officers.

Term; removal. There shall be appointed a Borough Clerk, Chief Financial Officer, Borough Attorney, Borough Engineer, Borough Tax Collector, Borough Tax Assessor and such other officers as the Council may deem necessary. They shall perform the duties required by law and the ordinances of the Borough. These officers, except the Borough Attorney, Borough Clerk, Borough Treasurer, Borough Engineer, Construction Code Official and Borough Physician, shall be residents of New Jersey.

Method of appointment; vacancies. Except as otherwise provided by the laws of New Jersey, the Mayor shall nominate and, with the advice and consent of the Council, appoint all officers directed to be appointed and fill all vacancies in appointive offices for the unexpired term only. Within 30 days after an office becomes vacant, the Mayor shall make a nomination. If the Mayor fails to nominate within 30 days or the Council fails to confirm any nomination made by the Mayor, then, after the expiration of 30 days, the Council shall appoint the officers directed to be appointed. No appointment shall be made except by the vote of a majority of the members of the Council present at the meeting, provided that at least three affirmative votes shall be required for that purpose; the Mayor shall have no vote thereon except in the case of a tie.

§ 3-6 Powers and duties of Mayor.

The Mayor shall preside over all meetings of the Borough Council but shall not vote except to give the deciding vote in case of a tie.

The Mayor shall see that the laws of the state and the ordinances of the Borough are faithfully executed and shall recommend to the Council measures that he deems necessary or expedient for the welfare of the Borough. The Mayor shall maintain peace and good order and have the power to suppress all riots and tumultuous assemblies in the Borough. The Mayor shall have the powers granted by the laws of New Jersey and the ordinances of the Borough.

§ 3-7 Borough Council.

The Mayor and Council members of the Borough shall constitute the Council.

§ 3-8 Meetings.

The Council shall hold an annual meeting on January 1 or during the first seven days of January in any year and such other meetings or adjourned meetings at such times and places as it may by resolution direct, but all regular meetings shall be held within the Borough.

The Mayor shall, when necessary, call special meetings of the Council; in case of his neglect or refusal, any four members of the Council may call such a meeting at a time and place in the Borough they designate. In all cases of special meetings, notice shall be given to all members of the Council in writing left at their places of residence or by actual contact with the members by telephone or otherwise.

§ 3-9 Quorum.

Three Council members and the Mayor or, in the absence of the Mayor, four Council members shall constitute a quorum for the transaction of business, however, the Mayor may designate herself or himself and two other council members, or if the Mayor chooses not to serve, three Council members, to serve as an ad hoc subcommittee with said subcommittee being unable to undertake any official action(s) on behalf of the Borough. Said subcommittee shall not constitute a quorum.

§ 3-10 President of Council.

By a majority vote, the Council, at the annual meeting, shall elect a President from its number, who shall preside at all meetings when the Mayor does not preside. The President shall hold office for one year and until the next annual meeting. The Council President shall have the right to debate and vote on all questions before the Council. If the Council, at the annual meeting, fails to elect a President, the Mayor shall appoint the President from the Council, and no confirmation by the Council shall be necessary.

§ 3-11 Acting Mayor.

If the Mayor is absent from the Borough for a period of three days or for any reason is unable to act, the President of the Council shall perform all the duties of the Mayor during such absence or inability. If the Mayor intends to be absent from the Borough for more than three days at any one time, the Mayor shall notify the President, in writing, of the intended absence, and the President shall become Acting Mayor from the time he or she receives the notice until the Mayor's return. If the President is temporarily unable to so act, the Council member having the longest term of service may act temporarily for the President.

§ 3-12 Powers of Council.

The Council shall possess all the powers granted by or permissible under the laws of the State of New Jersey.

§ 3-13 Rules of procedure.

The Council shall provide, by resolution, rules of procedure not inconsistent with the law or this code. Proceedings at all meetings shall be conducted in accordance with Robert's Rules of Order (Revised), except where the Council provides otherwise by resolution. The Attorney shall be ex officio parliamentarian and shall give his or her opinion on questions of procedure at the request of members of the Council.

§ 3-14 Attendance at meetings.

All regular and special meetings of the Council shall be open to the public. The Attorney, the Clerk and any other Borough officer or employee whose presence shall be required by resolution of the Council, or as required by New Jersey Statute, shall attend such meetings.

§ 3-15 Ordinances.

Procedure for passage; vote required. Borough ordinances shall be submitted, in writing, at a meeting of the Council and passed at a subsequent meeting. No ordinance shall be finally passed except by the vote of a majority of the members of the Council present at the meeting, provided that at least three affirmative votes shall be required for such purpose, the Mayor to have no vote except in the case of a tie.

Publication of ordinances. No ordinance shall be considered for final adoption until it has been advertised as required by law. The Clerk shall be responsible for arranging for the advertising of proposed ordinances.

Presentation to Mayor. Within five days after its passage, Sundays excepted, every ordinance passed by the Council shall be presented to the Mayor by the Clerk, whose report shall be conclusive evidence that the ordinance has been so presented.

Approval by Mayor. If the Mayor approves an ordinance, the Mayor shall sign it within 10 days after the Mayor receives it, Sundays excepted, and file it with the Clerk.

§ 3-16 Mayor's veto.

If the Mayor does not approve an ordinance, the Mayor shall return it within 10 days after the Mayor receives it, Sundays excepted, with his or her objections in writing, to the Clerk. At its next meeting, the Council shall cause the objections to be entered at length on its minutes and proceed to reconsider the ordinance.

If an ordinance contains more than one distinct section, clause or item, the Mayor may approve one or more and veto the rest.

If 2/3 of all the Council members, at the next meeting as aforesaid or at any subsequent meeting to which they postpone such reconsideration, vote to pass the ordinance or the vetoed part over the veto of the Mayor, the ordinance shall take effect.

§ 3-17 Borough Clerk.

There shall be a Borough Clerk appointed by the Council for a term of three years.

Indemnification of Clerk. The Borough shall provide the Borough Clerk with defense and indemnification, to the extent permitted by N.J.S.A. 40A:9-133, of any action or legal proceeding arising out of and directly related to the Borough Clerk's lawful exercise of authority in furtherance of the Borough Clerk's official duties when exercising the powers of the Borough Clerk.

§ 3-18 Clerk of Council and committees.

The Clerk shall serve as Clerk of the Council, and the Council's committees. The Clerk shall attend all meetings of the Council and of Council committees when required by the Chair and shall keep the minutes of the meetings of the Council and of the committees.

§ 3-19 Responsibilities of Clerk.

The Borough Clerk's responsibilities shall be as set forth by N.J.S.A. 40A:9-133, et seq.

§ 3-20 Compensation of Clerk.

The Borough Clerk shall work, as may from time to time be scheduled, 40 hours per week and shall be compensated therefor.

In the event that the Borough Clerk shall be required to work in excess of eight hours in any twenty-four-hour period, the Clerk shall be compensated therefor at the rate of 1 1/2 times the Clerk's daily salary for each such hour or part thereof worked.

Overtime work, as set forth in Subsection B hereof, shall not be incurred nor shall compensation therefor be made absent the approval of the Mayor and Common Council.

Attendance at meetings of the Mayor and Council shall be compensated pursuant to this section, unless otherwise provided by ordinance.

§ 3-21 Deputy Clerk.

Position created. There is hereby created the position of Deputy Borough Clerk, which may be a full-time or part-time position.

Appointment; term; vacancy. The Deputy Borough Clerk shall be appointed, upon the recommendation of the Clerk, by the Mayor with the advice and consent of Council, for a term of one year calculated from the 1st of January of the year of the appointment. Any vacancy in said office occurring other than by expiration of term shall be filled in the same manner, but for the unexpired term only.

Powers and duties. The Deputy Borough Clerk shall have all of the powers and duties of the Borough Clerk, under the direction and guidance of the Borough Clerk, during absence or disability of the Borough Clerk, and shall also have such other powers and duties as shall be prescribed from time to time by the Borough Clerk, Mayor or Council.

Defense and indemnification. The Borough shall provide the Deputy Borough Clerk with defense and indemnification, to the extent permitted by N.J.S.A. 40A:9-133, of any action or legal proceeding arising out of and directly related to the Deputy Borough Clerk's lawful exercise of authority in furtherance of the Deputy Borough Clerk's official duties when exercising the powers of the Borough Clerk during the absence or disability of the Borough Clerk.

§ 3-22 Departments, boards and separate offices.

There shall be the following departments, offices, boards and commissions in the Borough of Milford:

Departments:

Department of Finance.

Milford Borough Department of Public Works - Streets and Roads.

Milford Borough Department of Public Works - Water and Sewer.

Fire Department.

Department of Fire Prevention.

Separate offices, not under departments:

Borough Attorney.

New Jersey Local Code Enforcement - Construction Code Official.

Borough Physician.

Borough Engineer.

Borough Auditor

Boards and commissions:

The Milford Borough Municipal Court and any successor municipal court of the Borough of Milford.

Milford Borough Joint Land Use Board.

Office of Emergency Management.

Milford Library Board.

§ 3-23 Powers and duties of Commissioners.

The Commissioner, subject to the code and the approval or direction of the Council, shall:

Prescribe the internal organization of the work of the Commissioner's appointed department.

Direct and supervise employees of the department and make, alter and enforce individual work assignments within that department.

Approve or disapprove payrolls, bills and claims chargeable to departmental appropriations.

Maintain records of work performance and unit costs thereof as may be approved or required by the Council.

Provide information and reports on the work of the department as may, from time to time, be required by the Council.

Exercise other or different powers of administrative supervision and direction which the Council may delegate to the Department Chair.

§ 3-24 Council commissions.

In addition to the departments, boards and commissions designated under § 3-22, the following committees are hereby established:

Public Buildings, Parks and Playgrounds.

Office of Emergency Management.

Library.

Finance.

Municipal Court.

Security and Administration.

Public Works/Streets and Roads.

Public Works/Water and Sewer.

Public Works/Lighting.

Public Safety/Fire and Rescue.

Solid Waste and Recycling.

Cable Television.

Community Affairs.

Joint Land Use Board and Redevelopment.

§ 3-25 Department of Finance.

There shall be a Department of Finance of the Borough, which shall have jurisdiction over all business pertaining to finance.

§ 3-26 Division of the Treasury.

Chief Financial Officer; Borough Treasurer. Within the Department of Finance, there shall be a Division of the Treasury, which shall be headed by the Borough Treasurer, who shall be the Chief Financial Officer of the Borough. The Treasurer so appointed shall possess all qualifications required by law for a municipal treasurer and chief financial officer and which may be imposed by the Council by resolution. The Chief Financial Officer shall serve for a term of four years.

Powers and duties of the Treasurer. The Treasurer shall have, perform and exercise all the functions, powers and duties as provided by general law and Borough ordinances. The Treasurer shall keep and maintain books and records of all financial transactions of the Borough 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. The Treasurer shall have custody of all public moneys of the Borough and shall 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 Borough or any department, board, office or agency thereof, except as otherwise provided by Borough ordinance, shall be paid to the Treasurer, who shall, by the next ensuing bank day after their receipt, deposit them in the authorized public depository of the Borough to the credit of the proper account.

Disbursements. Disbursements in payment of bills and demands and the Borough payroll shall be made by the Treasurer upon pre-audit and warrant of the Director of the Department of Finance, approved by the Council. Every warrant shall be in the form of a warrant check payable to the order of the person entitled to receive it and shall specify 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 any two of the following officers: the Mayor or Council President, the Clerk and the Treasurer.

§ 3-27 Division of Tax Collection; Tax Collector's duties.

Within the Department of Finance, there shall be a Division of Tax Collection, the head of which shall be the Borough Tax Collector.

Duties. 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 each day for taxes, with the names of the persons on whose account the same shall have been paid; shall keep a record and account of the finances of the Borough; and shall, within 60 days after the end of the fiscal year or when otherwise required by the Council, furnish a report thereof, with a detailed statement of all moneys received by him or her and disbursed therefrom and for what purposes, from the commencement of his or her official year to the date of his or her report or for such period as the Council may require, and a list of delinquent taxpayers for the previous year. The Tax Collector shall file the report, with two copies of the statement and list of delinquents, with the Clerk within the time specified or when otherwise required by the Council.

§ 3-28 Division of Tax Assessor; Tax Assessor's Duties.

Within the Department of Finance, for administrative purposes, the head of which shall be the Tax Assessor. The Tax Assessor shall:

Have, perform and discharge all the functions, powers and duties prescribed by law for a municipal assessor.

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.

Maintain adequate assessment records of each separate parcel of real property assessed or exempted.

Maintain a current Tax Map of the Borough 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 the code.

§ 3-29 Certified Public Works Manager.

There shall be an office of the Certified Public Works Manager pursuant to the provisions of N.J.S.A. 40A:9-154.6a et seq. The Certified Public Works Manager shall be appointed by the Mayor with the advice and consent of the Council. The Certified Public Works Manager's term shall be for a calendar year, and a vacancy during the term shall be filled only for the unexpired term.

§ 3-30 Department of Public Works.

The Department of Public Works, through the Certified Public Works Manager, shall take charge of and be responsible for the construction, operation and maintenance of the sanitary sewer system.

Rules and regulations.

The Council shall, by resolution, make rules and regulations necessary for the proper regulation of the Department of Public Works, and when they are adopted by the Council, they shall be known as the "Rules and Regulations for the Governing of the Department of Public Works" and shall be binding on each member of the Department.

§ 3-31 Water Department.

There shall be a Water Department of the Borough established in accordance with the provisions of Chapter 42, Water Department.

§ 3-32 Fire Department.

There shall be a Fire Department of the Borough established in accordance with the provisions of Chapter 12, Fire Department.

§ 3-33 Maintenance of Borough streets and roads.

Within the Department of Public Works, the Certified Public Works Manager shall supervise the maintenance of all Borough streets and roads.

§ 3-34 Designation of Construction Code Enforcement Official.

The Bureau of Construction Code Enforcement of the Department of Community Affairs of the State of New Jersey is hereby appointed as the Construction Code enforcing agent of the Borough pursuant to N.J.S.A. 52:27D-119, and the regulations promulgated pursuant thereto particularly N.J.A.C. 5:23-4.3(a)3ii.

§ 3-35 Borough Attorney.

Appointment. The Borough Attorney shall be appointed by the Mayor, with the advice and consent of 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 Borough. The Attorney shall be paid reasonable fees and charges pursuant to a Professional Services Contract.

Powers and duties. The Attorney shall have the powers and perform the duties provided for the office of Borough attorney by general law or ordinances of the Borough. The Attorney 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. The Attorney shall give all legal counsel and advice when required by the Council or any member thereof and shall, in general, serve as the legal advisor to the Council on all matters of Borough business. In furtherance of such general powers and duties, but without limitation thereto, the Attorney shall:

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 Borough.

Conduct, with the approval of the Council, appeals from orders, decisions or judgments affecting any interest of the Borough which the Attorney may, in his or her discretion, determine to be necessary or desirable or as directed by the Mayor and Council.

Subject to the approval of the Borough Council, have power to enter into any agreement, compromise or settlement of any litigation in which the Borough is involved.

Render written opinions on any question of law submitted by the Council or any member thereof concerning their official powers and duties and provide legal counsel to the Council in the administration of municipal affairs.

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 Borough.

§ 3-36 Borough Physician.

The position of Borough Physician is hereby established.

Appointment. The Physician shall be appointed by the Mayor, with the advice and consent of the Council, for a term of one year. Said Physician shall be a licensed physician of the State of New Jersey but need not be a resident of the Borough.

Powers and duties. The Physician shall examine persons for preemployment physicals and shall examine or cause to be examined any employee of the Borough who reports sickness or disability which may incapacitate him or her for employment with the Borough. The Physician shall perform any other duties and keep records prescribed by resolution of the Council including but not limited to the administration of hepatitis vaccinations for Borough employees.

Fees. The Borough Physician shall receive fees for services designated by resolution of the Council.

§ 3-37 Borough Engineer.

Appointment. There shall be a Borough Engineer, who shall be appointed by the Council for a term of one year. In lieu of appointing an individual, the Council may appoint a firm of engineers, each member of which shall be a licensed professional engineer of the State of New Jersey. The Engineer shall receive compensation determined by the Borough Council. The Borough Engineer shall be a duly licensed professional engineer of the State of New Jersey.

Duties. The Engineer shall perform the duties prescribed by general law and ordinance and, in addition, shall:

Prepare or cause to be prepared plans, designs and specifications for public works and improvements undertaken by the Borough, either on force account or by public contract.

Provide and maintain surveys, maps, plans, specifications and control records with respect to public works and facilities owned or operated by the Borough.

Operate, maintain and repair the Borough storm sewer system.

Provide technical and engineering advice and assistance to other Borough departments as needed.

All papers, documents, memoranda, reports and other materials relating to the administration of engineering duties of the Engineer shall be and remain the property of the Borough. Upon the termination of the Engineer's service with the Borough, the Engineer shall surrender all such property to the Engineer's successor.

§ 3-38 Milford Borough Municipal Court.

Establishment.

A Municipal Court for the Borough of Milford is hereby established as of January 1, 2010, pursuant to the provisions of Chapter 8A of Title 2 of the revised Statutes of New Jersey, as amended and supplemented by N.J.S.A. 2B:12-1 et seq. The Court shall exercise all the functions, powers, duties and jurisdiction conferred by law upon municipal courts.

To assist the Municipal Court in the performance of the functions and duties of the Court, as prescribed by law and the rules and regulations mandated by the New Jersey Administrative Office of the Courts, the Assignment Judge of the Hunterdon, Warren and Somerset Vicinage and the Chief Justice of the New Jersey Supreme Court, there is hereby established a Violations Bureau.

The Violations Bureau shall accept all complaints filed by any person, prepare the Municipal Court calendar, collect, receive and account for all fines, costs and bail money which may be paid into or deposited with the Court and shall discharge all those duties, functions and responsibilities prescribed by the New Jersey Administrative Office of the Courts in the orderly administration and operation of the Municipal Court.

The Violations Bureau shall be a bureau under the supervision of the New Jersey Administrative Office of the Courts. With the exception of those duties, responsibilities and functions related to the conduct of business before the Municipal Court, the Certified Municipal Court Administrator and staff shall report to the Borough's Chief Financial Officer and Borough Clerk with respect to all administrative, personnel, clerical and budgetary matters related to the operations of the Municipal Court and the Violations Bureau.

Name of Court; seal. The name of the Municipal Court shall be the "Municipal Court of the Borough of Milford." The Municipal Court shall have a seal bearing the impress of the name of the Court.

Authorization for shared services agreement. The Milford Borough Common Council is hereby authorized to enter into a shared services agreement embodying the provisions of this chapter pursuant to the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1 et seq., in accordance with the terms of that Act. In the event of any discrepancy between this chapter and that of Uniform Shared Services and Consolidation Act and any amendments thereto, the Act shall take precedence.

Municipal Judge; term; powers; duties; qualifications.

There shall be a Judge of the Municipal Court, who shall be appointed by the Milford Borough Common Council and who shall serve for a term of three years from the date of his or her appointment and until his or her successor is appointed and qualified. The Judge need not be a resident of the Borough but shall be an attorney at law in good standing of the State of New Jersey. Any appointment to fill a vacancy caused other than by expiration of term shall be made for the unexpired term only.

The Municipal Judge shall have and possess and exercise all the functions, duties, powers and jurisdiction conferred by law or ordinance.

Municipal Judge compensation. The compensation of the Municipal Judge and other personnel as may be required to administer the functions of the Municipal Court shall be such sums as may be established by the Milford Borough Common Council in the annual Salary Ordinance pertaining to the salaries and rates of compensation of all Borough officials and employees. Said compensation shall be in lieu of any and all other fees.

Certified Municipal Court Administrator and Violations Clerk; appointment; terms; oath; qualifications.

The Milford Borough Common Council may, by appropriate ordinance or resolution, at such time as the need may arise, provide for a full-time Certified Municipal Court Administrator, full-time or part-time Deputy Court Administrator(s) and part-time Violations Clerk(s) as may be necessary for the efficient administration and operation of the Municipal Court and Violations Bureau. The total number of full-time and/or part-time Violations Bureau personnel shall be at the discretion of the governing body.

In order to qualify as a Certified Municipal Court Administrator, Deputy Court Administrator and/or Violations Clerk, said individuals shall be trained, educated and certified in accordance with the educational standards and requirements promulgated by the New Jersey Administrative Office of the Courts and the Supreme Court of the State of New Jersey.

Unless otherwise provided for by way of a shared services agreement or other contract for the services of a Certified Municipal Court Administrator, a Deputy Court Administrator or Violations Clerk approved by the Milford Borough Common Council by way of resolution, the Certified Municipal Court Administrator, Deputy Court Administrators and Violations Clerks shall be appointed annually during the Borough's reorganization meeting for a term of one year from the date of their appointment until the expiration of the calendar year in which they are appointed or until such time as their successors are appointed and qualified.

The Certified Municipal Court Administrator shall be responsible in managing the Violations Bureau office and supervising, instructing and training Violations Bureau personnel, if any, in the performance of day-to-day activities.

Before exercising the duties of their offices, the Certified Municipal Court Administrator, Deputy Court Administrators and Violations Clerks shall take and subscribe the oath and affirmation of office usually taken by public officials.

Bonds of Judge and other employees. Before exercising the duties of their offices, the Municipal Judge, Certified Municipal Court Administrator, Deputy Court Administrators and Violations Clerk shall enter into a bond as required by law.

Duties of Certified Municipal Court Administrator. Working under the general supervision of the Municipal Court Judge with regard to Court matters, the staff of the Violations Bureau (i.e., the Certified Municipal Court Administrator, Deputy Court Administrator(s) and Violations Clerk) shall perform a variety of duties, tasks and activities, including but not limited to the following:

Assists the Municipal Court Judge during courtroom proceedings, including recordkeeping and the collection, receipt and accounting of fines, Court costs and bail moneys which may be paid into or deposited with the Court; maintains all courtroom transcriptions of proceedings.

Prepares the Court calendar and schedule of cases.

Receives and replies to correspondence; maintains all Court records and processes requests for copies of documents.

Prepares statistical and financial reports, monthly and annually as required by the Administrative Office of the Courts.

Processes all traffic and criminal complaints.

(6)

Performs telephone and counter information services, answering inquiries, issuing Court forms, explaining procedures and forms to parties in cases and mailing notices and/or warrants to litigants.

(7)

Coordinates with law enforcement personnel and the Municipal Prosecutor in the scheduling and disposition of cases, including the preparation of cases to be forwarded to the County Prosecutor and cases to be appealed.

(8)

Prepares and processes complaints on-call after business hours and on weekends.

(9)

Issues summons books to law enforcement officers.

(10)

Perform such other duties and services pertinent to the Municipal Court as may be required by the Municipal Court Judge, the Administrative Office of the Courts, the Supreme Court of New Jersey and the laws of the state.

Political activity. The Certified Municipal Court Administrator, Deputy Court Administrator(s) and Violations Clerk shall not engage in any political activity, nor shall they make any financial contributions to any local political campaign.

Public Defender.

Duties.

It shall be the duty of the Municipal Public Defender to represent, except in the case of temporary unavailability or conflict of interest, any defendant charged with an offense in Municipal Court who is an indigent municipal defendant entitled to representation pursuant to this act. All necessary services and facilities of representation, including both expert and lay investigation and testimony as well as other preparations, shall be provided in every case. The municipality shall be responsible for payment for services pursuant to this section. The factors of need and real value to a defendant may be weighed against the financial constraints of the municipality in determining the necessary services and facilities of representation. The final determination as to necessity for services required pursuant to this section shall be made by the Court.

A Municipal Public Defender shall be responsible for handling all phases of the defense, including but not limited to discovery, pretrial and post-trial hearings, motions, removals to federal district court and other collateral functions reasonably related to the defense. As used in this subsection, "post-trial hearing" shall not include de novo appeals in Superior Court.

(c)

Nothing in this section shall be deemed to require a municipality to pay for expert and lay investigation or testimony for a period of one year after the effective date of P.L. 1997, c. 256 (N.J.S.A. 2B:24-1 et seq.).

(d)

The Municipal Public Defender shall be responsible for handling all phases of the defense, including but not limited to discovery, pretrial and post-trial hearings, motions, removals to Federal District Court and other collateral functions reasonably related to the defense. However, post-trial hearings shall not include de novo appeals in Superior Court.

(e)

The Municipal Public Defender shall represent an indigent defendant charged in Municipal Court with a crime as specified in N.J.S.A. 2B:12-18 or if, in the opinion of the Municipal Court, there is a likelihood that the defendant, if convicted of any other offense, will be subject to imprisonment or other consequences of magnitude, the Municipal Public Defender shall represent an indigent defendant.

Term of office and compensation.

The Milford Borough Common Council shall appoint the Municipal Public Defender. The term of office shall be for a one-year period commencing January 1 of the calendar year and concluding December 31 of that same year.

The compensation of the Municipal Public Defender shall be established by the Borough's annual Salary Ordinance and shall be in lieu of any and all fees collected by the Borough.

Application and fee for Public Defender representation.

In order to obtain the services of the Municipal Public Defender, an application must be filed with the Municipal Court on a form to be provided by the Court. Eligibility for services of the Municipal Public Defender shall be determined by the Municipal Court on the basis of the need of the defendant. Need shall be measured in accordance with Section 14 of P.L. 1967, c. 43 (N.J.S.A. 2A:158A-14) and guidelines promulgated by the New Jersey Supreme Court.

In the event that a determination of eligibility cannot be made before the time when the first services are to be rendered, or if an initial determination is found to be erroneous, the Municipal Court Judge shall refer the defendant to the Municipal Public Defender provisionally, and if subsequently it is determined that the defendant is ineligible, the Municipal Court shall inform the defendant, and the defendant shall be obliged to engage his own counsel and to reimburse the Borough for the cost of the services rendered to that time.

(c)

The Municipal Court Judge shall require any person applying for representation by the Municipal Public Defender or Court-approved counsel to pay an application fee of $200, but only in an amount necessary to pay the costs of Municipal Public Defender services. In accordance with guidelines promulgated by the Supreme Court, the Municipal Court may waive the application fee, in whole or in part, only if the Court determines, in its discretion, upon clear and convincing proof by the applicant, that the application fee represents an unreasonable burden on the person seeking representation. In addition, if a defendant has or reasonably expects to have means to meet some part, though not all, of the cost of the services rendered, the defendant shall be required to reimburse the Borough, either by a single payment or in installments, in such amount as he or she can reasonably be expected to pay, but no default in failure in making payment shall reduce the rendering of services. The Municipal Court may permit a person to pay the application fee over a specific period of time but not to exceed four months.

(d)

In the case of a defendant who is unable or unwilling to pay the application fee and for whom the fee was not waived, then the fee shall become a lien and the Borough may collect the fee in the manner prescribed under P.L. 1997, c. 256.

Collection of application fee. Funds collected in accordance with provisions of Subsection J(3) shall be deposited in a dedicated fund administered by the Borough's Chief Municipal Finance Officer. Such funds shall be used exclusively to meet the costs incurred in providing the services of the Municipal Public Defender, including, when required by law, expert and lay investigation and testimony.

Municipal Court Prosecutor. There shall be a Prosecutor of the Municipal Court who shall prosecute all cases in the Municipal Court. The Prosecutor shall be appointed for a one-year term by the Milford Borough Common Council. The compensation of the Prosecutor shall be established by the Borough's annual Salary Ordinance.

§ 3-39 Milford Borough Joint Land Use Board.

A joint planning board and zoning board of adjustment is hereby established pursuant to N.J.S.A. 40:55D-25 et seq., and shall be called the "Milford Borough Joint Land Use Board."

§ 3-40 Fees for public health services.

The Borough shall contract with the Hunterdon County Division of Public Health Services to provide certain public health activities and services, and the terms and conditions of such services and their provision by said Hunterdon County Division of Public Health Services shall be in accordance with a certain contract for such services effective January 1, 1985, and executed contemporaneously herewith, and, whereas no statute permits said county to establish or collect fees for such services, the following fee schedule is hereby established:

For services to be provided under the Realty Improvement Sewerage and Facilities Act (1954), N.J.S.A. 58:11-23 et seq., the municipality will pay to the county a sum as prescribed in Chapter 10, Fees, of this Code:

For each application for an approved potable water supply reviewed by the Hunterdon County Division of Public Health Services pursuant to the statute.

For each application for an approved sewerage system reviewed by the Hunterdon County Division of Public Health Services pursuant to the statute, N.J.S.A. 58:11-23 et seq.

CUSTODIAN OF GOVERNMENT RECORDS or CUSTODIAN

For each inspection of a retail food establishment conducted within the municipality pursuant to N.J.A.C. 8:24-1.1 et seq., the municipality will pay to the county a sum as prescribed in Chapter 10, Fees, of this Code.

The county will bill the municipality not more frequently than quarterly, and the municipality will make payment to the county for the services rendered in accordance with this schedule.

The foregoing fees shall be in turn charged to such applicants requiring such inspections and/or services by the Borough, and such fees are hereby established for that purpose.

§ 3-41 Emergency Management Council.

There shall be an Emergency Management Council pursuant to Chapter 438 of the 1953 Laws of New Jersey, N.J.S.A. App. A:9-41, and a Director thereof. All departments of the Borough government shall cooperate with and assist the Council as required.

§ 3-42 Inspection of public records; fees for copies of public documents.

Right of public access. It is hereby declared to be the public policy of the Borough of Milford to recognize the public's general right to know pursuant to the Open Public Records Act (N.J.S.A. 47:1A-1 et seq). All records kept in the course of official duties by any Borough of Milford officer, agency or board shall be deemed to be a "government record," as that term is defined by N.J.S.A. 47:1A-1.1, and such records shall be subject to inspection by the public unless exempt under the statute or other regulation, common law practice, executive order of the governor, the rules of the Court, federal law or judicial decision.

Definitions. As used in this chapter, the following terms shall have the meanings indicated:

ACCESS FORM

The form which shall be adopted by the custodian of government records for use by any person who requests access to government records.

The Borough Clerk is designated as the "custodian" of the Borough's Records.

GOVERNMENT RECORDS or RECORD(S)

Any information subject to public inspection which is maintained by the Borough in written, audio, video, electronic or other form and as defined by the Open Public Records Act, N.J.S.A. 47:1A-1 et seq.

REQUESTOR

Any person who requests access to a government record pursuant to this section or the state law on examination and copies of public records, N.J.S.A. 47:1A-1 et seq.

SPECIAL SERVICE CHARGE

A charge, in addition to the actual cost of duplicating the government record(s), which shall reflect the expense associated with extensive use of Borough information, technology or resources, or the extensive clerical or supervisory assistance by Borough personnel necessary to accommodate requests to examine and/or provide copies of the record(s), and as defined by the Open Public Records Act, N.J.S.A. 47:1A-5c and 47:1A-5d.

Access form. The custodian of government records shall adopt an access form for use by a requestor and shall make recommendations to the Borough regarding the appropriate fees to be charged for access to and copies of government records. The access form shall contain all information required by N.J.S.A. 47:1A-5f.

Fee schedule. The fees for copies of government records are set forth in Chapter 10, Fees, of this Code.

Service charge. A special service charge may be applied by the custodian of records or his/her designee. The circumstances and fee establishing the special service charge are set forth in Chapter 10 of the Code of the Borough of Milford.

Inspection and copying of public records.

Any person seeking to inspect, examine or copy a public record of this municipality shall make application in writing to the Borough Clerk, during regular business hours on the form provided. All requests for public records shall be as specific as possible.

The Borough Clerk shall promptly comply with a request to inspect, examine, copy or provide a copy of a government record. If the Clerk is unable to comply with a request for access, he or she shall indicate on the request form the specific basis for such inability to comply and shall promptly return it to the requestor. The Clerk shall sign and date the form and provide the requestor with a copy thereof.

In those instances where the nature of the request or the record itself leads the Borough Clerk to doubt whether or not the record is a "government record," as defined by law, or is a record exempt from disclosure, the Clerk shall request an opinion from the Borough Attorney. A copy of the request form shall be forwarded to the Attorney, who, after review and investigation, shall issue an opinion and note such opinion on the request form and promptly return it to the Borough Clerk.

If any part of a particular record is exempt from public access pursuant to N.J.S.A. 47:1A-1 et seq., the Clerk shall delete, redact or excise from a copy of the record that portion which is exempt from access and shall promptly permit access to the remainder of the record.

If the record requested is temporarily unavailable because it is in use or in storage, the Clerk shall so advise the requestor and shall make arrangements to make a copy of the record available.

(6)

If a request for access to a government record would substantially disrupt municipal operations, the Clerk may deny access to the record after attempting to reach a reasonable solution with the requestor that accommodates the interests of the requestor and the municipality.

(7)

As required by N.J.S.A. 47:1A-5e, immediate access shall be granted for access to budgets, bills, vouchers, contracts (including collective negotiations agreements and individual employment contracts), and public salary and overtime information.

Time limits for compliance.

Unless a shorter time period is otherwise provided by statute, regulation or executive order, the Clerk shall grant access to a government record or deny a request for access to a record as soon as possible, but not later than seven business days after receiving the request, provided that the record is currently available and not in storage or archived.

In the event that the Clerk fails to respond within seven business days after receiving a request, the failure to respond shall be deemed a denial of the request, unless the requestor has elected not to provide a name, address or telephone number, or other means of contacting the requestor. If the requestor has elected not to provide a name, address, or telephone number, or other means of contacting the requestor, the Clerk shall not be required to respond until the requestor reappears before the custodian seeking a response to the original request.

If the government record is in storage or archived, the requestor shall be so advised within seven business days after the Clerk receives the request. The requestor shall be advised by the Clerk when the record can be made available. If the record is not made available by that time, access shall be deemed denied.

Posting of appeals procedure. The Clerk shall post prominently in public view, in or adjacent to the Clerk's office, a statement that sets forth in clear, concise and specific terms the right to appeal a denial of or failure to provide access to a government record and the procedure by which an appeal may be filed.

Viewing of government records; removal prohibited.

Upon the approval of a request to view, inspect, examine or copy a record, the record and the requestor shall remain in the presence of the Borough Clerk or his or her authorized representative at all times. Under no circumstances shall any government record be removed from the office where it is normally kept unless accompanied by the custodian or his or her authorized representative.

In the event that the nature of a request to view records requires that the Clerk or other municipal employee observe or monitor such viewing for a period of time exceeding two hours, the requestor shall be responsible for reimbursing the municipality for time spent by the Clerk or other employee.

§ 3-43 Fees for repair work done by municipal employees.

The purpose of this section is to establish a price list to be charged for labor and equipment usage for and in connection with repair work that, although it is the responsibility of private property owners within the Borough, is performed by municipal employees.

The Borough of Milford shall charge hourly rates for both Borough-supplied equipment and labor as follows:

Equipment rates shall be as prescribed in Chapter 10, Fees, of this Code.

Labor rates shall be as prescribed in Chapter 10, Fees, of this Code.

Equipment prices do not include an operator. All equipment must be operated by a Milford employee.

All labor and equipment shall be charged on a four-hour minimum. All times shall be rounded upward to the next whole hour.