[1967 Code § 2-6.1; Ord. No. 07-03]
Pursuant to N.J.S.A. 40A:9-133 and N.J.S.A. 40:69A-126 there
shall be a Municipal Clerk appointed by the Mayor with the advice
and consent of Council for a term of three years. The Municipal Clerk
shall receive such compensation as shall be provided by ordinance.
[Ord. No. 07-03]
No person shall be appointed or reappointed as Municipal Clerk
unless that person shall have a Registered Municipal Clerk Certificate
issued pursuant to N.J.S.A. 40A:9-133 et seq.
[1967 Code § 2-6; Ord. No. 07-03]
The Borough Clerk shall:
a.
Serve as Clerk of the Council, attend all meetings of the Council
and shall keep the minutes of the proceedings of the Council. The
minutes of each meeting of the Council shall be signed by the officer
presiding at the meeting and by the Clerk who shall retain the original
copies of all ordinances and resolutions.
b.
Ordinances and resolutions.
1.
The Municipal Clerk shall record all ordinances and all resolutions
of a permanent character in books to be provided for that purpose.
After each ordinance he shall also record and certify the proof of
publication thereof as required by law. Each ordinance and resolution
so recorded shall be signed by the Mayor and the Clerk who shall attest
that it was duly adopted upon the date stated, and when so signed
the recorded copy shall be deemed to be a public record of the ordinance
or resolution. Any omission by the Clerk or the Mayor to record, sign
or certify as herein required shall not impair or affect the validity
of any ordinance which has been duly adopted.
2.
At the close of each year the Municipal Clerk, with the advice and
assistance of the Borough Attorney, shall bind, compile, codify or
provide for the codification of all ordinances and resolutions, or
true copies thereof, which then remain in force and effect. He shall
also properly index the record books, compilation or codification
or ordinances and resolutions.
c.
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 Borough Council
may, however, provide by ordinance that any other specific officer
shall have custody of any specific other class of record;
d.
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;
e.
Serve as chief registrar of voters in the Borough, subject to the
requirements of Title 19 of the New Jersey Statutes Annotated;
f.
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 ordinance has delegated that
responsibility to some other Borough officer;
g.
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 Annotated;
h.
Cause the corporate seal of the Borough to be affixed to instruments
and writings when authorized by ordinance or resolution of the Council
or when necessary to exemplify any document on record in his office,
or to certify any act or paper which from the records in his office
shall appear to have been a public act of the Borough or a public
document. The Clerk shall, upon request and upon the payment of the
fees prescribed by ordinance, furnish a certified copy of any document
in his custody under corporate seal of the Borough. He shall not affix
the seal or cause or permit it to be affixed to any instrument, writing
or other document unless required by law or ordinance.
i.
Insurance; surety bonds; contracts. The Borough Clerk shall:
1.
Be the depository for and the custodian of all official surety bonds
furnished by or on account or any officer or employee, except his
own bond which shall be placed in the custody of the treasurer; of
all insurance policies on or with respect to risks insured for the
benefit of the Borough or to protect it against any claim, demand
or liability; and all formal contractors for work, labor, services,
supplies, equipment and materials to which the Borough may be a party.
2.
Be the depository for and the custodian of all performance bonds
running to the Borough as obligee, or any other form of security given
by a contractor, subdivision developer or other persons on account
of work done or to be done in or for the Borough.
3.
Have custody of all leases of property owned by the Borough.
4.
Report to the Council at such times as the Council may require on
the coverage expiration date and premium of each surety bond and contract
of insurance; the nature and terms of outstanding leases, the rent
reserved by each and their respective expiration dates.
j.
Administrative rules and regulations; filing and publication. The
Borough Clerk shall maintain a current compilation of all rules and
regulations, which shall be regulation made by a department, officer,
agency or authority of the Borough, unless it relates to the organization
or internal management of the municipal government or a part thereof,
shall take effect until it is filed with the Clerk.
k.
Have the power and authority to take and administer oaths and affirmations
in all Borough matters.
l.
Perform such other duties as are now or hereafter imposed by Statute,
regulation or the Mayor and Council.
[1967 Code § 2-6.8]
There shall be a Deputy Municipal Clerk appointed by the Mayor
and Council to serve for a term of one year. The Deputy Municipal
Clerk shall:
a.
Assist the Municipal Clerk in the performance of his duties as the
Mayor and Council from time to time prescribe.
b.
Whenever the Office of Municipal Clerk shall be vacant or unfilled
or the Municipal Clerk shall be absent from the Borough or unable
to serve by reason of disability or otherwise, the Deputy Municipal
Clerk shall have all the powers and perform all of the duties vested
in the Municipal Clerk.
[1967 Code § 2-6A]
There is hereby created the office of Borough Administrator
who shall be appointed by the Mayor with the advice and consent of
the Borough Council pursuant to N.J.S.A. 40A:9-136. The individual
shall serve for the calendar year in which he is appointed and until
his successor is appointed and qualified. Any vacancy shall be filled
in the manner of the original appointment for the unexpired term.
The individual need not be a resident of the Borough of Bound Brook
and may hold the office of Municipal Clerk if so permitted by law.
If the holder of such office is also the Municipal Clerk, he shall
be known as the Municipal Clerk-Administrator, but the offices of
Municipal Clerk and Borough Administrator shall remain separate and
distinct. However, in that event, the length of the term for which
the individual shall serve as Borough Administrator shall be the same
term as that of the Municipal Clerk, rather than only for the calendar
year in which he is appointed and until his successor is appointed
and qualified. The Borough Administrator shall receive such compensation
as shall be prescribed by the salary ordinance of the Borough.
[1967 Code § 2-6A.2]
The powers and duties of the Borough Administrator shall include
the following:
a.
To act as liaison between the Mayor, the Borough Council, all boards,
departments and officers of the Borough.
b.
To act as agent for the Mayor and Borough Council as the administrative
officer of the Borough Government.
c.
To be responsible for the maintenance of sound personnel policies
and administrative practices and to study and make recommendations
with respect to the personnel organization and policies of the Borough
and any of its departments after consultation with department heads.
d.
To aid in the preparation of the budget, alert department heads to
the submission of their portion thereof, and to assist independent
Council members in contributing their share of the responsibility
for the municipal budget.
e.
To advise the Mayor and Borough Council on all background material
as an aid in the establishment of policies.
f.
To study and oversee the financial procedure and policy of the Borough
and its departments after consultation with department heads.
g.
To attend all public and executive meetings of the Mayor and Borough
Council.
h.
To have direct supervision and control over all clerical and secretarial
personnel employed by the Borough.
i.
To investigate all complaints regarding Borough services and, after
consultation with the department head of the service involved, shall
answer same and report the disposition thereof to the Mayor and Borough
Council.
j.
To act as agent for the Borough Council by conducting the general
affairs of the Borough, including purchasing, administration and enforcement
of contracts, leases and franchises.
k.
To perform such other duties as may from time to time be specifically
assigned to him by the Mayor and Borough Council.
[Added 4-24-2018 by Ord.
No. 2018-10]
There shall be an Assistant Borough Administrator appointed
by the Mayor and Council to serve for a term of one year. The Assistant
Borough Administrator shall be an assistant to the Business Administrator
and shall perform such duties of the Business Administrator as may
be assigned by the Business Administrator, the Mayor or Borough Council,
so far as permitted by law.
[1967 Code § 2-12.1]
The Borough Attorney shall be appointed by the Mayor with the
advice and consent of the Borough 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. In lieu of appointing an individual attorney, the
Council may appoint a firm of attorneys, all members of which shall
be attorneys-at-law of New Jersey. The Borough Attorney shall not
receive a fixed salary but shall be paid such retainer as may be agreed
upon and authorized by the Council, plus such fees and charges as
shall be deemed reasonable.
[1967 Code § 2-12.2]
The Borough Attorney shall have such powers and perform such
duties as are provided for the office of Borough Attorney by general
law or ordinance of the Borough. He shall represent the Borough in
all judicial and administrative proceedings in which the municipality
or any of its officers or agencies may be a party or have an interest.
He shall give all legal counsel and advice where required by the Mayor
and Council and shall in general serve as the legal advisor to the
Council and Mayor on all matters of Borough business. In furtherance
of such general powers and duties, but without limitation thereto,
the Borough Attorney shall:
a.
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.
b.
With the approval of the Mayor and Council, conduct appeals from
orders, decisions or judgments affecting any interest of the Borough
as he may in his discretion determine to be necessary or desirable
or as directed by the Mayor and Council.
c.
Subject to the approval of the Borough Council, have the power to
enter into any agreement, compromise or settlement of any litigation
in which the Borough is involved.
d.
Render opinions in writing upon any question of law submitted to
him by the Mayor and Council with respect to their official powers
and duties, and perform such duties as may be necessary to provide
legal counsel to the Mayor and Council in the administration of municipal
affairs.
e.
Supervise and direct the work of such additional attorneys and technical
and professional assistants as the Council may authorize for special
or regular employment in or for the Borough.
[Ord. No. 07-03]
a.
The position of Municipal Prosecutor as provided in N.J.S.A. 2B:25-1
et seq., is hereby established.
b.
The Municipal Prosecutor shall be appointed by the Mayor with the
advice and consent of the Borough Council to prosecute all local and
State violations within the jurisdiction of the Bound Brook Municipal
Court.
[Ord. No. 07-03]
The Municipal Prosecutor shall be appointed for a period of
one year and until his successor shall have qualified.
[Ord. No. 07-03]
The Municipal Prosecutor shall appear in the Municipal Court
of the Borough of Bound Brook on behalf of the State of New Jersey
or the Borough of Bound Brook or any agencies or officers thereof.
The Municipal Prosecutor shall perform such duties as are prescribed
by law including, but not limited to, the prosecution of complaints
for violation of:
There is hereby created the office of Public Defender for the
Bound Brook Municipal Court which office shall be filled by appointment
of the Mayor with the advice and consent of the Borough Council for
a yearly term commencing on January 1 and ending December 31. The
appointee shall continue in office until his or her successor is appointed
and qualified. Any appointment to fill a vacancy shall be for the
unexpired term only.
[1967 Code § 2-13.4]
The duty of the Public Defender shall be to represent any indigent
defendants which the Municipal Court may determine as qualified for
such services.
[1967 Code § 2-13.5]
a.
Any person applying for representation by the Municipal Public Defender
shall pay an application fee of up to $200 as determined by the Judge
of the Municipal Court.
b.
The Municipal Court may waive the application fee in whole or in
part if the Court determines, in its discretion, that the application
fee represents an unreasonable burden upon the person seeking representation.
[Ord. No. 07-03]
There shall be a Borough Engineer who shall be appointed by
the Mayor with the advice and consent of the Borough Council for a
term of one year. The Borough Engineer shall receive such compensation
as may be agreed upon and determined by the Council. He shall be a
duly licensed professional engineer of the State of New Jersey.
[Ord. No. 07-03]
The Borough Engineer shall perform the duties prescribed by
general law and ordinance, and in addition shall:
a.
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.
b.
Provide and maintain surveys, maps, plans, specifications and control
records with respect to public works and facilities owned or operated
by the Borough.
c.
Prove technical and engineering advice and assistance to other Borough
departments as needed.
d.
Upon the termination of his service with the Borough, he shall surrender
all papers, documents, memoranda, reports and other materials relating
to the administration of his engineering duties.
[Ord. No. 07-03]
Pursuant to N.J.S.A. App. A:9-40.1, the position of Emergency
Management Coordinator is hereby created. The Emergency Management
Coordinator shall be appointed by the Mayor for a term of three years.
[Ord. No. 07-03]
a.
The Emergency Management Coordinator shall be responsible for the
development, coordination and activation of a municipal mutual aid
and emergency management plan; shall request, when needed, emergency
management facilities and services available from the County and State
governments, and shall perform such duties as the Governing Body may
direct.
b.
Whenever, in the opinion of the Coordinator, a disaster has occurred
or is imminent in the Borough of Bound Brook, the Coordinator shall
proclaim a State of Local Disaster Emergency within the Borough. The
Emergency Management Coordinator, in accordance with regulations promulgated
by the State Director of Emergency Management, shall be empowered
to issue and enforce such orders as may be necessary to implement
and carry out emergency management operations and to protect the health,
safety and resources of the residents of the Borough.
