[Ord. No. O-74-07]
The Municipal Clerk shall be appointed for a three-year term
by the Board of Commissioners in accordance with the provisions of
N.J.S.A. 40A:9-133 et seq. In the event of a vacancy in the office
of Municipal Clerk, an appointment shall be made for a new term and
not for the unexpired term. The Municipal Clerk's salary shall be
established in the Salary Ordinance.
[Ord. No. O-74-07]
The Municipal Clerk shall have the duties to:
a.
Act as secretary of the municipal corporation and custodian of the
municipal seal and of all minutes, books, deeds, bonds, contracts,
and archival records of the municipal corporation. The Board of Commissioners
may, however, provide by ordinance that any other specific officer
shall have custody of any specific other class of record;
b.
Act as secretary to the Board of Commissioners, prepare meeting agendas
at the discretion of the Board, be present at all meetings of the
Board, keep a journal of the proceedings of every meeting, retain
the original copies of all ordinances and resolutions, and record
the minutes of every meeting;
c.
Serve as the chief administrative officer in all elections held in
the Borough, subject to the requirements of Title 19 of the New Jersey
Statutes Annotated;
d.
Serve as the administrative officer responsible for the acceptance
of applications for licenses and permits and the issuance of licenses
and permits, except where statute or municipal ordinance has delegated
that responsibility to some other municipal officer;
e.
Serve as coordinator and records manager responsible for implementing
local archives and records retention programs as mandated pursuant
to Title 47 of the New Jersey Statutes;
f.
Perform such other duties as are now or hereafter imposed by statute,
regulation or by municipal ordinance or regulation.
g.
Act as the "issuing authority" as designated by the governing body
for the granting of raffle and bingo licenses as permitted by N.J.A.C.
13:47-1.1 and pursuant to all applicable laws/rules and regulations.
[Added 10-25-2016 by Ord.
No. O-14-2016]
[Ord. No. O-74-07]
a.
Position created. The position of Deputy Municipal Clerk for the
Borough is hereby created.
b.
Duties of the Deputy Municipal Clerk. The duties of the Deputy Municipal
Clerk shall be to assist the Municipal Clerk to perform those duties
as prescribed by law and to perform any other and further duties to
be set by the Board of Commissioners.
c.
Absence of the Municipal Clerk. During the absence or disability
of the Municipal Clerk, the Deputy Municipal Clerk shall have all
of the powers of the Municipal Clerk and shall perform the functions
and duties of such office.
d.
Compensation. The salary for the Deputy Municipal Clerk shall be
established in the Salary Ordinance.
[Ord. No. O-74-07]
Should the office of Municipal Clerk become vacant, the Board
of Commissioners may appoint a person as acting Municipal Clerk for
a period of not more than six months.
[Ord. No. O-28-06 § 1]
The Office of Borough Administrator of the Borough of Monmouth
Beach is hereby created in and for the Borough pursuant to N.J.S.A.
40A:9-136 et seq.
The Borough Administrator shall be appointed by majority vote
of the Board of Commissioners of the Borough of Monmouth Beach. The
Borough Administrator shall be appointed on the basis of the executive
and administrative qualifications of the appointee, with special regard
to education, training, and actual experience in governmental affairs.
No elected member of the Governing Body shall be eligible for
appointment as Borough Administrator during his term of office nor
within one year after the expiration of said term.
The person appointed to the Office of Borough Administrator
shall not be required to reside in the Borough of Monmouth Beach.
[Ord. No. O-28-06 § 2]
The term of office of the Borough Administrator shall be at
the pleasure of the Governing Body. During such term, the Administrator
shall be subject to periodic review and evaluation of performance.
[Ord. No. O-28-06 § 3]
The Borough Administrator may be removed by 2/3 vote of the
Governing Body. The Resolution of Removal shall become effective three
months after its adoption by the Governing Body. However, the Governing
Body may provide that the Resolution have immediate effect, in which
case, the Administrator shall be paid forthwith any unpaid balance
of his salary and his salary for the next three calendar months following
adoption of the Resolution.
[Ord. No. O-28-06 § 4]
During any approved absence or disability of the Borough Administrator, the Board of Commissioners may, by resolution, appoint another individual or any employee or officer of the Borough to temporarily perform the duties and responsibilities of the Borough Administrator. After three months of such absence or disability, the position may be deemed vacant upon adoption of a resolution of the Board of Commissioners. Compensation, if any, for duties performed for an appointment under this section will be determined by the Board of Commissioners. Subsection 2-4.2 shall not apply to any appointment made pursuant to this subsection.
[Ord. No. O-28-06 § 5]
The Borough Administrator shall receive such compensation as
shall be prescribed by annual salary resolution or ordinance of the
Board of Commissioners. The Borough Administrator shall be reimbursed
for all reasonable expenses incurred in the performance of the office.
[Ord. No. O-28-06 § 6]
The Administrator shall perform the duties as outlined in an
adopted "Job Description" which shall be adopted by resolution of
the Governing Body. The Governing Body shall also establish by resolution
the time and effort that shall be devoted to the performance of the
duties and functions of the position of Administrator.
[Ord. No. O-28-06 § 7]
The Borough Administrator shall not engage in any political
activity, nor shall make any financial or other contributions to any
local political campaign, lobbying effort or issue pending before
the Governing Body, provided, however, that nothing contained herein
shall be deemed to prohibit the Borough Administrator from appearing
before any other governmental body on behalf of the Borough of Monmouth
Beach when authorized or directed to do so.
[Ord. No. O-28-06 § 8]
The Borough Administrator shall act as the chief administrative
officer of the Borough. Duties shall include the development of rules
and regulations for administrative procedures governing purchasing
practices, operation of all departments, personnel management and
general coordination of departments, offices, boards and agencies
of the Borough, all for the purpose of increasing the effectiveness,
efficiency of the Borough government and promoting its economic operation.
All rules and regulations promulgated and implemented by the Borough
Administrator shall be Borough policy unless otherwise directed by
a Commissioner overseeing an assigned department by law or the Board
of Commissioners in all other cases.
The Borough Administrator shall perform the specific duties
as outlined in a duly adopted resolution of the Governing Body.
[Ord. No. O-28-06 § 9]
Nothing in this section shall derogate from or authorize the
Borough Administrator to exercise powers of the Board of Commissioners.
[Ord. No. O-28-06 § 10]
In the event the Borough Administrator is appointed temporarily
or permanently to a position in the Borough requiring a bond, the
Borough Administrator shall furnish a surety bond to be approved by
the Governing Body, said bond to be conditioned upon the faithful
performance of duties. The premium of this bond shall be paid by the
Borough.
[Ord. No. O-28-06 § 11]
This section shall be known and may be cited as "The Borough
Administrator Ordinance."
[Ord. No. 9-29-86; New]
There is hereby created in the Borough, the office of Chief
Financial Officer pursuant to N.J.S.A. 40:9-140.1. The Chief Financial
Officer shall be responsible to carry out the obligations of the Borough
pursuant to N.J.S.A. 52:27BB-26 et seq.
[Ord. No. O-74-07]
The Chief Financial Officer shall be responsible to the Commissioners
as a whole for the proper and efficient administration of the financial
affairs of the Borough. The Chief Financial Officer shall prepare
and submit to the Commissioners before the close of the fiscal year,
or as on such alternate date as the Commissioners shall determine,
a financial report of the affairs of the Borough. At the request of
the Board of Commissioners, the Chief Financial Officer shall attend
such meetings of the Board of Commissioners when requested to do so
and shall participate in discussions where appropriate.
[Ord. No. O-74-07]
The Board of Commissioners may designate an acting Chief Financial
Officer to perform the duties of the office during the absence of
the Chief Financial Officer or the disability of the Chief Financial
Officer for less than 30 days. A temporary Chief Financial Officer
may be appointed in accord with law.
[Ord. No. O-74-07]
The Chief Financial Officer shall be appointed on the basis
of qualifications as set forth in N.J.S.A. 40A:9-140.1 et seq. The
Chief Financial Officer need not be a resident of the Borough or the
State, at the time of his/her appointment, but may hereafter reside
outside of the City only with the approval of the Board of Commissioners.
[Ord. No. O-74-07]
The Chief Financial Officer's salary shall be fixed and adopted
by the Board of Commissioners in the Salary Ordinance.
[Ord. No. O-74-07]
Pursuant to N.J.S.A. 40A:9-139, the Board of Commissioners shall
appoint a Municipal Attorney, who shall hold this office for a term
of one year.
[Ord. No. O-74-07]
The Municipal Attorney shall be the legal representative of
the Borough of Monmouth Beach in all suits brought by or against it,
and in all other matters of a legal nature. He shall be present at
each regular meeting of the Commissioners and give his opinion, in
writing or otherwise, when requested, on such legal propositions as
shall be submitted to him; provided, however, that whenever the written
opinion of the Municipal Attorney is required on any proposition,
the question on which such opinion is desired shall be submitted,
in writing, at least two days before the time when such opinion is
required to be given; and he shall also prepare such ordinances for
the Borough and provide legal advice in such matters as the Commissioners
may require.
[Ord. No. 10-13-81 § 1;
New]
There is hereby created and established the Office of Tax Collector
in the Borough pursuant to the provisions of N.J.S.A. 40A:9-141 et
seq., who shall be appointed by the Board of Commissioners. The Tax
Collector shall be certified as required in N.J.S.A. 40A:9-145.2.
[Ord. No. 10-13-81 § 2]
The salary of the Tax Collector shall be as set forth in the
Salary Ordinance.
[Ord. No. O-74-07]
The term of office of the Tax Collector shall be four years
from the first day of January next following his appointment. Vacancies
other than due to expiration of term shall be filled by appointment
for the unexpired term pursuant to N.J.S.A. 40A:9-142.
[Ord. No. O-74-07]
The Board of Commissioners shall appoint a Tax Assessor, who
shall receive such compensation as established in the Salary Ordinance.
[Ord. No. O-74-07]
The Tax Assessor shall hold office for a term of four years
from the first day of July next following his/her appointment. (N.J.S.A.
40A:9-148)
[Ord. No. O-74-07]
N.J.S.A. 40A:9-140 authorizes the Governing Body of a municipality
to appoint a Municipal Engineer for a term of three years.
[Ord. No. 22-98 § 1]
As used in this section:
A person who is entitled to be represented by the Municipal Public Defender pursuant to this section, and does not have the present financial ability to secure competent legal representation, as determined by Subsection 2-10.7.
The Municipal Court of the Borough of Monmouth Beach.
A person, as defined in Subsection 2-10.2, appointed to represent indigent defendants in proceedings over which the Municipal Court has jurisdiction.
[Ord. No. 22-98 § 2]
a.
The Municipal Public Defender shall be an attorney-at-law of this
State in good standing, and shall serve for a term of one year from
the date of his appointment, and shall continue to serve in office
pending re-appointment or appointment of a successor. The Municipal
Public Defender need not reside in the Borough of Monmouth Beach.
b.
Appointments to fill vacancies in the position of Municipal Public
Defender shall be made in accordance with the provisions of this section
as soon as practicable.
c.
The Municipal Public Defender may be removed by the Governing Body
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.
[Ord. No. 22-98 § 3]
The Municipal Public Defender shall receive compensation as
set forth in the Salary Ordinance of the Borough. There shall be no
additional compensation for interlocutory appeals in the Superior
Court.
[Ord. No. 22-98 § 4]
a.
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 section. 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 Borough
of Monmouth Beach 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 Borough 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.
b.
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.
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 the Borough to
pay for expert and lay investigation or testimony for a period of
one year after the effective date of N.J.S.A. 2B:24-1 et seq.
[Ord. No. 22-98 § 5]
a.
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 consequence of magnitude, the Municipal Public
Defender shall represent an indigent defendant.
b.
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 Prosecutor
may prosecute the offense if the Municipal Court appoints a qualified
attorney to represent the indigent defendant. The attorney shall be
entitled to compensation at the same rate as the Municipal Public
Defender. 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.
[Ord. No. 22-98 § 6]
All communications between the indigent defendant and the Municipal
Public Defender or any other attorney appointed to act as a Municipal
Public Defender shall be fully protected by the attorney-client privilege
to the same extent and degree as though counsel has been privately
engaged. This shall not preclude the use by the Municipal Public Defender
of privileged material for the preparation and disclosure of statistical,
case study and other sociological data, provided that in any such
use there shall be no disclosure of the identity of or means for discovery
of the identity of particular defendants.
[Ord. No. 22-98 § 7]
Eligibility for services of the Municipal Public Defender shall be determined by the Municipal Court on the basis of the need of the defendant, except as provided in Subsection 2-10.10. Need shall be measured according to 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
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.
[Ord. No. 22-98 § 8]
The Municipal Court shall make an investigation of the financial
status of each defendant seeking representation pursuant to this section
and shall have the authority to require a defendant to execute and
deliver written requests or authorizations required under applicable
law to provide the Court with access to records of public or private
sources, otherwise confidential, as may be of aid in evaluating eligibility.
The Court is authorized to obtain information from any public record
office of the State or of any subdivision or agency thereof on request
and without payment of the fees ordinarily required by law.
[Ord. No. 22-98 § 9]
Whenever a person entitled to representation by the Municipal Public Defender pursuant to this section is under the age of 18 years, the eligibility for services shall be determined on the basis of the financial circumstances of the individual and the financial circumstances of the individual's parents or legal guardians. The Borough shall be entitled to recover the cost of legal services from the parents or legal guardians as provided in Subsection 2-10.14, and the Municipal Court shall have authority to require parents or legal guardians to execute and deliver the written requests or authorization required under applicable law in order to provide the Court with access to records of public or private sources, otherwise confidential, as may be of aid to it in evaluating eligibility.
[Ord. No. 22-98 § 10]
If the 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 of Monmouth
Beach, either by a single payment or in installments in such amounts
as he can reasonably be expected to pay; but no default or failure
in making payment shall affect or reduce the rendering of services.
[Ord. No. 22-98 § 11]
a.
The Borough shall have a lien on any property to which the defendant
shall have or acquire an interest for an amount equal to the reasonable
value of the services rendered to a defendant pursuant to this section
as calculated at the same rate as the Office of the Public Defender
bills clients at that time.
b.
To effectuate such a lien for the Borough of Monmouth Beach, the
Municipal Attorney shall file a notice setting forth services rendered
to the defendant and the reasonable value thereof with the Clerk of
the Superior Court. The filing of the notice with the Clerk of the
Superior Court shall constitute a lien on property for a period of
10 years from the date of filing, unless discharged sooner, and, except
for such time limitations, shall have the force and effect of a judgment.
Within 10 days of the filing of the notice, the Municipal Attorney
shall send by certified mail, or serve personally, a copy of the notice
with a statement of the date of the filing to or upon the defendant
at the defendant's last known address. If the Municipal Attorney shall
fail to give notice, the lien is void.
[Ord. No. 22-98 § 12]
The Municipal Attorney, subject to approval by the Board of
Commissioners, is authorized to compromise and settle any claim for
services performed pursuant to this section whenever the financial
circumstances of the person receiving the services are such that,
in the judgment of the Municipal Attorney, the best interest of the
Borough will be served by compromise and settlement.
[Ord. No. 22-98 § 13]
The Clerk of the Superior Court shall provide separate books for the recording of liens established pursuant to Subsection 2-10.11, which books shall be properly indexed in the name of the judgment debtor. The Municipal Attorney shall not be required to pay filing or recording fees.
[Ord. No. 22-98 § 14]
The Municipal Attorney, in the name of the Borough of Monmouth
Beach, may do all things necessary to collect any money due to the
Borough by way of reimbursement for services rendered by a Municipal
Public Defender pursuant to this section. The Municipal Attorney may
enter into arrangements with any State or County agency to handle
collections on a cost basis. The Municipal Attorney shall have all
the remedies and proceedings available for collection which are available
for or upon the recovery of a judgment in a civil action and shall
also be permitted to collect counsel fees and costs from the defendant
for such collection action so that the same are not borne by the Borough.
[Ord. No. 22-98 § 15]
a.
A person applying for representation by the Municipal Public Defender
or court-approved counsel shall pay an application fee of not more
than $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 any 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.
b.
Funds collected pursuant to paragraph a of this subsection shall
be deposited in a dedicated fund administered by the Chief Financial
Officer of the Borough. Such funds shall be used exclusively to meet
the costs incurred in providing the services of a Municipal Public
Defender including, when required, expert and lay investigation and
testimony.
c.
Beginning in 1999, if it is determined by the Division of Local Government
Services during its annual review of the municipal budget of the Borough
of Monmouth Beach that the amount of money in the dedicated fund established
pursuant to this section exceeds by more than 25% or such other amount
as may be established by the Division of Local Government Services
the amount which the Borough of Monmouth Beach expended during the
prior year providing the services of a Municipal Public Defender,
the amount in excess of the amount expended shall be forwarded to
the Criminal Disposition and Review Collection Fund administered by
Victims of Crime Compensation Board.
[Ord. No. O-5-2000]
As used in this section:
The Official of the Borough of Monmouth Beach designated
to enforce the provisions of the Land Use and Development Regulations
of the Borough of Monmouth Beach, adopted June 12, 1979 pursuant to
N.J.S.A. 40:55D-1 et seq.
[Ord. No. O-5-2000]
Appointment as Zoning Officer of the Borough of Monmouth Beach
shall be made annually by the Board of Commissioners of the Borough
of Monmouth Beach.
[Ord. No. O-5-2000]
The appointment of the Zoning Officer of the Borough of Monmouth
Beach will be for a period of one year (January 1 through December
31) annually.
