[1980 Code § 4-15, 1; Ord. No.
O-26-89; Ord. No. O-2-08]
The Town Council shall appoint a Municipal Clerk, who shall
serve as Clerk of the Council. The Municipal Clerk shall, prior to
his appointment, have been qualified by training or experience to
perform the duties of the office. The Municipal Clerk shall serve
for a term of three years from the date of his appointment unless
he qualifies for tenure pursuant to N.J.S.A. 40A:9-133-7 or amendments
thereto, in which case he shall hold office during good behavior.
The compensation of the Municipal Clerk shall be at the rate fixed
by ordinance.
[Ord. No. O-2-08]
No person shall be appointed as Municipal Clerk unless he shall
have a registered Municipal Clerk Certificate issued pursuant to N.J.S.A.
40A:9-133 et seq.
[1980 Code § 4-15, 2; Ord. No.
O-26-89]
The Council may appoint a Deputy Municipal Clerk who shall serve
during the absence or disability of the Municipal Clerk. Prior to
his appointment, the Deputy Municipal Clerk shall have been qualified
by training or experience to perform the duties of the office. The
Deputy Municipal Clerk shall serve for a term of three years, commencing
January 1st of the year of appointment. The compensation of the Deputy
Municipal Clerk shall be at the rate fixed by ordinance.
[1980 Code § 4-15, A-M; Ord. No.
O-11-95; Ord. No. O-2-08]
The Municipal Clerk, or during the absence or disability of
the Municipal Clerk, the Deputy Municipal Clerk, shall:
a. Serve as Clerk of the Town Council and keep the minutes and records
of its proceedings in appropriate books or journals to be maintained
in his office.
b. Record all ordinances and resolutions adopted by the Council and,
at the close of each year, with the advice and assistance of the Municipal
Attorney, bind, compile or codify all the ordinances and resolutions
or true copies thereof of the municipality which then remain in force
and effect. The Municipal Clerk shall also properly index the record
books, compilation or codification of ordinances and resolutions.
c. Have custody of and safely keep the Town Seal and all records and
documents, reports, papers and maps required to be filed in his office.
d. Provide secretarial and clerical services for the Councilmembers
in the discharge of their official duties.
e. Cause the Town Seal to be affixed to instruments and writings when
authorized by ordinance or resolution, or when necessary to exemplify
any document or 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 Town or a public document. He shall not affix the
Seal or cause or permit it to be affixed to any instrument or writing
or other paper, except as provided in this section, unless required
by the Charter or general law.
f. Enter after each ordinance his certificate of due and proper passage
and of the proof of the due publication thereof, but his omission
to certify any ordinance or proof of publication thereof as hereby
directed shall not impair or affect the validity in any respect. Certified
copies of all ordinances and resolutions shall forthwith be distributed
to the Municipal Attorney and to all departments of the Town that
may be affected thereby.
g. Prepare a copy of all ordinances or proposed ordinances which will
require publication under the Charter or general law, and cause the
same, properly attested, to be published in any newspaper legally
qualified for the publication of official Town advertisements, and
file in his office the requisite proofs of such publication.
h. Prepare the agenda upon recommendations of the Council for each regular
meeting and issue notices to the respective members of the Council
and to all other persons whose attendance may be required at any regular
meeting of the Council. Such notice shall be in accordance with the
schedule of the regular meetings of the Town Council to be held during
the ensuing year, which the Municipal Clerk shall prepare, post and
submit within seven days following the annual organization or reorganization
meeting of the Council, or, if there be no such organization or reorganization
meeting in the year, then by not later than January 10 of such year,
pursuant to the terms of the Open Public Meetings Act, N.J.S.A. 10:4-1
et seq. The Municipal Clerk shall, whenever a special meeting of the
Council is called in accordance with law, issue and cause notices
thereof to be served upon the members of the Council and other persons
whose presence may be required.
i. Communicate officially the actions of the Town Council to the person
or persons affected and retain the matters on the agenda of the Council
for such further dispositions as may be required. Each officer and
employee shall, unless otherwise directed, direct his response to
the action of the Town Council to the attention of the Municipal Clerk
for presentation to and information of the Council.
j. Charge and receive for the use of the Town such fees for searches,
transcripts and certifications as shall be authorized by the governing
body or general law.
k. Perform such other duties as may be provided by general law, the
Charter and ordinances of the Town and as the Town Council may prescribe.
l. Operate the office of local Registrar of Vital Statistics for the
Town of Morristown pursuant to law.
m. Act as Parliamentarian to the Town Council, providing advice to the
President of the Council and to any Councilmember requesting the same
concerning the proper application of any rule or rules of procedure
which the Council may adopt.
n. Perform all of the duties of Custodian of Government Records as required
by N.J.S.A. 47:1A-1 et seq.
[1980 Code § 4-16]
The Municipal Clerk, subject to the supervision of the Town
Council, shall:
a. Be the depository for and custodian of all official surety bonds
furnished by or on account of any officer or employee except his own
bond, which shall be placed in the custody of the Treasurer; of all
insurance policies upon or with respect to risks insured for the benefit
of the Town or to protect it against any claim, demand or liability
whatsoever; and all formal contract for work, labor, services, supplies,
equipment and materials to which the Town may be a party.
b. Be the depository for and custodian of all performance bonds running
to the Town as obligee, or any other form of security given by a contractor,
subdivision developer or other person on account of work done or to
be done in or for the Town.
c. Have custody of all deeds and leases of property owned or occupied
by the Town.
[1980 Code § 4-17]
No rule or general regulation made by any department, officer,
agency or authority of the Town, except such as relates to the organization
or internal management of the Town government or a part thereof, shall
take effect until it is filed with the Municipal Clerk. The Municipal
Clerk shall maintain a current compilation of all such rules and regulations,
which shall be available for public inspection in his office during
business hours.