Township of Mine Hill, NJ Article IV Township Officials

§ 7-33 Township Clerk.

A. Appointment. A Township Clerk shall be appointed by the Council, pursuant to the Charter, for a term of three years beginning on the first day of January 1980, and on January 1 every three years thereafter, provided that any appointment to fill a vacancy shall be for the unexpired term only. Prior to appointment, the Township Clerk shall have been qualified by training or experience to perform the duties of the office.

B. Duties of Township Clerk. The Township Clerk shall have the following functions, powers and duties:

(1) Serve as Clerk of the Council, keep the minutes and records of its proceedings and maintain, compile and index its ordinances and resolutions as required by the Charter.

(2) Provide secretarial and clerical services to the members of the Council in the discharge of their official duties.

(3) Have custody of the Township's Seal and affix it to such books, papers and documents as may be authorized pursuant to law.

(4) Have and take custody of all official books, papers and documents of the Township for which no other repository is provided by Charter or ordinance, and preserve and keep them safely.

(5) Perform such licensing functions as are vested in the Clerk by the licensing provisions of state laws or by ordinances of the Township of Mine Hill.

(6) The Clerk shall publish ordinances as required by law and shall file in the Clerk's office the requisite proofs for such publications.

(7) The Township Clerk shall also issue certificates as to liability for assessment for municipal improvements in accordance with provisions of the Laws of 1946, Chapter 269 (N.J.S.A. 54:5-18.1 et seq.).

(8) Certificates as to land subdivisions. The Township Clerk shall also issue certificates as to approval of subdivisions of land, when a land subdivision has been approved in accordance with Chapter 310, Land Use, of this Code, and also perform such other functions assigned to the Township Clerk by said Chapter 310, Land Use, and the Municipal Land Use Law (Chapter 291, Laws 1975).

(9) Attend all Council meetings.

(10) Prepare agendas for all Council meetings and send and deliver copies thereof as provided in § 7-22 of this chapter.

(11) Issue notices to all Council members, the Mayor, Business Administrator, Township Attorney, Township Engineer and all other persons whose attendance may be required of all meetings of the Council.

(12) Perform all the functions required of municipal clerks by the General Election Law (Title 19 of the Revised Statutes) and any other law or ordinance regulating elections and receive the fees prescribed therefor.

(13) Have such other and additional functions, powers and duties as may be prescribed by law or ordinance, or as the Council may otherwise assign.

C. Salary of Township Clerk. The compensation to be paid the Township Clerk shall be fixed annually by the Council as a part of the Township's Annual Salary Ordinance.

§ 7-34 Deputy Township Clerk.

A. Establishment of office. Pursuant to the authority of N.J.S.A. 40A:9-135, there is hereby created for the Township of Mine Hill the office of Deputy Municipal Clerk, who shall be known as the "Deputy Township Clerk."

B. Term. The Deputy Township Clerk shall be appointed by the Council for a term of two years. Any appointment to fill a vacancy in the office of Deputy Township Clerk shall be for the unexpired term only.

C. Salary. The compensation to be paid the Deputy Township Clerk shall be fixed annually by the Council as a part of the Township's Annual Salary Ordinance.

D. Duties.

(1) In the absence or disability of the Township Clerk, the Deputy Township Clerk shall perform all the duties and have all of the powers of the Township Clerk.

(2) The Deputy Township Clerk shall generally assist the Township Clerk in the performance of the duties and functions assigned to the Township Clerk by this Code, other ordinances of the Township and by state law.

(3) The Deputy Township Clerk shall also perform such other duties as the Council may assign.

§ 7-35 Township Attorney; Prosecutor.

A. Appointment and term. The Township Attorney shall be appointed by the Mayor with the advice and consent of the Council for a term of two years and continuing until a successor has been appointed and qualified. The initial term of the Township Attorney appointed hereunder shall commence on January 1, 1980, and on January 1 every two years thereafter.

B. Qualifications. The Township Attorney shall be licensed to practice law in the State of New Jersey and shall provide legal services to the Township as a professional consultant.

C. Duties.

(1) The Township Attorney shall represent the Township in all legal matters and shall advise and assist the Mayor, the Council, Business Administrator and the department heads as required in the administration of the Township government. He shall attend meetings of the Council, draft ordinances and resolutions and give opinions and rulings on questions of law which may arise at Council meetings. He shall prepare or approve all legal instruments relating to the business of the Township. He shall represent the Township in any litigation and conduct trials, appeals and other proceedings affecting the interest of the Township as directed by the Mayor or Council.

(2) The Township Attorney shall also:

(a) Maintain records of all actions, suits, proceedings and matters which relate to the Township's interest and report thereon from time to time as the Mayor or Council may require.

(b) Have power to enter into any agreement, compromise or settlement of any litigation in which the Township is involved, subject to the approval of the Council.

(3) Upon the termination of his (her) service with the Township, the Township Attorney shall forthwith surrender to his (her) successor all Township property, papers and records, together with a written consent to substitution of his (her) successor in any pending actions or proceedings.

D. Compensation. The Township Attorney shall be paid for legal services rendered to the Township at such rates as may be fixed annually by ordinance, or in the absence of such ordinance, as may be agreed upon by the Mayor with the approval of the Council, within available appropriations. The Township Attorney shall submit vouchers for his (her) services not less than monthly.

E. Special counsel. Whenever the interests of the Township so require, the Mayor, with the advice and consent of the Council, or the Council may, upon the recommendations of the Township Attorney, within the limits of available appropriations, appoint special counsel to assist the Township Attorney in the preparation, trial or argument of any issue or in such other capacity as the Township Attorney may determine. If the Township Attorney should be disqualified with respect to any matter, the Mayor, with the advice and consent of the Council, or the Council may appoint special counsel to represent the Township for and with respect to such matters. The Mayor, with the advice and consent of the Council, may appoint special counsel to negotiate, advise and represent the Township in labor negotiations with unions organized to represent the employees within the limits of available appropriations.

F. Municipal Prosecutor.

(1) Appointment. The Mayor, with the advice and consent of the Council, may appoint a Municipal Prosecutor to represent the Township in matters before the Municipal Court. The term shall be for one year, commencing January 1, and shall continue until a successor has been appointed and qualified.

(2) Compensation. The Municipal Prosecutor shall be paid for his (her) services at such rates as may be fixed annually by the Council by ordinance, or in the absence of such ordinance, as may be agreed upon by the Mayor with the approval of the Council, within available appropriations.

(3) Duties.

(a) The Municipal Prosecutor shall represent the Township in traffic violations, matters requiring action by the grand jury and in other matters coming before the Mine Hill Township Municipal Court, except for those matters which the Township Attorney deems it advisable and in the best interests of the Township to be handled by the Township Attorney rather than the Municipal Prosecutor.

(b) If a Municipal Prosecutor is not appointed, the duties of the Municipal Prosecutor shall be performed by the Township Attorney.

§ 7-36 Township Engineer.

A. Appointment and term. A Township Engineer shall be appointed by the Mayor with the advice and consent of the Council for a term of one year, commencing January 1, and continuing until a successor has been appointed and qualified.

B. Qualifications. The Township Engineer shall be licensed to practice engineering in the State of New Jersey and shall also be a licensed New Jersey land surveyor, or shall be associated with an engineering firm which employs a licensed New Jersey land surveyor. The Township Engineer shall render engineering services to the Township as a professional consultant.

C. Duties. The duties of the Township Engineer shall be as follows:

(1) Prepare, or cause to be prepared, plans and specifications for public works and improvements undertaken by the Township, either by the Township Public Works Department or by public contract.

(2) Coordinate the activities of consulting engineers that may be retained from time to time by the Township in connection with the contractual responsibilities of such engineers and examine and reject or approve all vouchers submitted for work performed by contractors in accordance with improvement contracts entered into by the Township.

(3) Provide and maintain surveys, maps, plans, specifications and operating records with respect to public works and facilities owned or operated by the Township and maintain an index of as-built plans of all Township construction.

(4) Provide technical and engineering advice and assistance to other Township departments as required by the department head.

(5) Review and report on all proposed sketches, preliminary and final subdivision plats and site plans, to ensure their conformity with Chapter 310, Land Use, of this Code and with all other ordinances relating to land use requirements, when directed to do so by the Township Planning Board.

(6) Review and approve all proposed improvements prior to the granting of preliminary and final subdivision and site plan approval by the Planning Board and inspect and approve all improvements during the course of construction and prior to the release by the Township of any performance guaranties when directed to do so by the Planning Board, the Mayor, the Council or any other Township official or body having jurisdiction.

(7) Maintain the Township Tax Map for the Division of Assessments and the Township Tax Assessor and be responsible for promptly recording thereon all changes from information provided by the Township Tax Assessor, and otherwise amending and updating the Tax Map, as directed by the Mayor, Business Administrator or other Township official having jurisdiction within the limits of available appropriations for such services.

(8) Coordinate the planning, construction and expansion of the water and sewer facilities and roads and other utilities and public works of the Township in accordance with the needs of the Township and available funds.

(9) Supervise the inspection and testing of all work performed in connection with the construction, expansion and repair of water and sewer facilities and roads and other utilities and public works of the Township.

(10) Prepare an annual report on the progress and status of water and sewer facilities, roads and other utilities and public works of the Township through the Business Administrator or the Mayor.

(11) Assist the Township Attorney in procuring easements from property owners as may be required in connection with any sewer or water expansion program, and in connection with the county and/or Township road programs or other public works programs.

(12) Attend such meetings of the Planning Board, Council and other boards or agencies as may be required by the Chairman, President or presiding officer, within the limits of available appropriations for such services.

(13) Perform all engineering assignments and services as required and requested by the Planning Board.

(14) If requested by the Township Attorney, assist in updating the existing planning and zoning legislation of the Township.

(15) Determine the accuracy of all vouchers submitted for labor and material supplied by contract or otherwise within the scope of engineering.

(16) Maintain a bond chart, listing all performance and maintenance bonds delivered to the Township, guaranteeing construction of improvement by developers, indicating the following information: name of development, number of lots in each development, date of bond, date by which all work will be completed under terms of the bond, date by which claim under bond must be filed, and date by which suit must be started, and any other pertinent information which may be required from time to time by the department head of any department having jurisdiction over such development and construction, or any phase thereof.

(17) Submit monthly reports, giving an account of all engineering operations to the Council.

(18) Employ additional engineering consultants and assistance in the performance of engineering services, with the prior approval of the Mayor and the consent of the Council, within available appropriations.

(19) Surrender, upon expiration of term of office, resignation or removal, any or all Township property, including records, plans, specifications, contracts, supplies and equipment, as well as all work products and all things necessary for the uninterrupted continuation of the office and duties of Township Engineer.

(20) Provide the Mayor during the months of November and December with estimates of engineering fees and expenses for the ensuing budget year and appear before the Mayor or the Business Administrator at public hearings.

(21) Prepare proposals, instructions, specifications and advertisements for public bidding, assist the Township Attorney and the Business Administrator in reviewing bids and in the preparation of contracts and other documents in connection therewith.

(22) Perform such other engineering services and duties as may be required under and by virtue of Township ordinances and state law, and as may be assigned by the Mayor and Council.

D. Compensation. The Township Engineer shall be paid for his (her) services at such rates as may be fixed annually by the Council by ordinance, or in the absence of such ordinance, as may be agreed upon by the Mayor with the approval of the Council, within available appropriations. The Township Engineer shall submit vouchers for his (her) services not less than monthly.

§ 7-37 Auditor.

An Auditor shall be appointed by the Council for a term of one year, commencing January 1 and until his successor has been appointed and qualified. The Auditor of the Township shall receive such compensation as provided by ordinance for services performed, or in the absence of such ordinance, as may be agreed upon by the Mayor with the approval of the Council, within the limits of available appropriations. He shall make an annual audit of the books, accounts and financial transactions of the Township in accordance with the provisions of the "Local Fiscal Affairs Law" (N.J.S.A. 40A:5-1 et seq.). The Township Auditor shall perform such other services as may be requested by the Mayor or Council.

§ 7-38 Chief Financial Officer.

[Added 6-15-1989 by Ord. No. 425-89]

A. Office created. The office of Chief Financial Officer is hereby created in and for the Township of Mine Hill.

B. Appointment. The Chief Financial Officer of the Township shall be appointed by the Mayor with the advice and consent of the Township Council.

C. Responsibilities. The responsibilities of the Chief Financial Officer shall be to assure that the proper practices of fiscal administration in local government set forth in N.J.S.A. 52:27BB-25 et seq. are carried out.

D. Qualifications. The qualifications for the position of Chief Financial Officer shall be those as established by Section 2 of P.L. 1988, c. 110 (N.J.S.A. 40A:9-140.2, as amended), and after January 1, 1991, no person shall be appointed or reappointed as a Chief Financial Officer unless he or she holds a municipal finance office certificate issued pursuant to the provisions of N.J.S.A. 40A:9-140.1 et seq. or otherwise meets the requirements of N.J.S.A. 40A:9-140.13.

E. Tenure. Any person who has served in the position of Chief Financial Officer of the Township for a period of not less than five consecutive years, and who is a holder of a municipal finance office certificate issued in accordance with N.J.S.A. 40A:9-140.1 et seq., shall be granted tenure of office upon filing with the Clerk of the municipality and with the Division of Local Government Services in the Department of Community Affairs a notification evidencing compliance with this section. Thereafter, the person shall continue to hold office during good behavior and efficiency and shall not be removed therefrom, except for just cause and then only after a public hearing upon a written complaint setting forth the charge or charges against him pursuant to N.J.S.A. 40A:9-140 or upon expiration or revocation of certification by the Director of the Division of Local Government Services pursuant to N.J.S.A. 40A:9-140.8.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

F. Compensation. The compensation for the position of Chief Financial Officer shall be established in the Township's Salary Ordinance.

G. Chief Financial Officer shall serve as Township Treasurer. The Chief Financial Officer shall perform any statutory duties of the municipal treasurer, and any reference in the Township Code to a Township Treasurer shall be deemed to be the Chief Financial Officer.

[Added 8-2-2012 by Ord. No. 19-12]

H. Assistant to the Chief Financial Officer. The Mayor with the advice and consent of the Council may appoint an assistant to the Chief Financial Officer who shall assist the Chief Financial Officer and perform such duties as are directed by the Chief Financial Officer. The compensation for this position shall be established in the Township's Salary Ordinance.

[Added 8-2-2012 by Ord. No. 19-12]

§ 7-39 Township Historian.

[Added 8-2-2012 by Ord. No. 20-12[1]]

Appointment of Township Historian; compensation; report; assistants. The Township Council may appoint a local historian who shall serve as Mine Hill Township Historian at the pleasure of the Council. The Council may provide such compensation as it deems appropriate for the position. The Township Historian shall make an annual report to the governing body and generally perform such duties as requested by the governing body. The Township Historian shall be an ex officio member of the Community and Recreation Advisory Committee and may request citizens of the community to assist him in special projects from time to time or as requested by the governing body.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 7-40 Other Township officials and employees.

The Township shall also appoint, engage and employ such other officials, officers and employees as is required by law or the Charter, or as hereinafter provided.