[1973 Code § 2-6.1]
There shall be a Municipal Clerk appointed by the Mayor with
the advice and consent of the Council for a term of three (3) years.
[1973 Code § 2-6.1; New]
Prior to his appointment, the Municipal Clerk shall be qualified
by training and experience as required by State Law to perform the
duties of his office. No person shall be appointed as the Municipal
Clerk unless he shall have a Registered Municipal Clerk Certificate
issued pursuant to N.J.S.A. 40A:9-133 et seq.
[New]
The Municipal Clerk's salary shall be established in the Salary
Ordinance.
[1973 Code §§ 2-6.2—2-6.7]
a.
Clerk of Council and Committees. The Municipal Clerk shall serve
as Clerk of the Council and as Secretary of any special legislative
Committees of the Council. The Municipal Clerk shall attend all meetings
of the Borough Council and of such Committees when required by the
Chairman and shall keep the minutes of the meetings of the Council
and of such Committees. The minutes of each meeting of the Council
shall be signed by the Officer presiding at the meeting and by the
Municipal Clerk.
b.
Ordinances and Resolutions.
1.
The Municipal Clerk shall record all ordinances in books to be provided
for that purpose. After each ordinance the Municipal Clerk shall also
record and certify the proof of publication thereof as required by
law. Each ordinance so recorded shall be signed by the Mayor and the
Municipal Clerk, who shall attest that it was duly adopted upon a
date stated, and when so signed the recorded copy shall be deemed
to be a public record of the ordinance. Any omission by the Municipal
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 or codify
all the ordinances, or true copies thereof, which then remain in force
and effect. The Municipal Clerk shall also properly index the record
books, compilation or codification of ordinances.
c.
Custodian of Records. The Municipal Clerk shall have custody of and
shall safely keep all records, books and documents of the Borough,
except those committed by ordinance to any other office or transferred
thereto by the Mayor and Council. The Municipal Clerk shall, upon
request and upon the payment of the fees prescribed therefor by resolution
of the Borough Council for the use of the Borough, furnish a certified
copy of any such paper in his custody under the corporate seal of
the Borough.
d.
Corporate Seal. The Municipal Clerk shall 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 Municipal Clerk shall
not affix the seal or cause or permit it to be affixed to any other
instrument, writing or other paper unless required by law or ordinance.
e.
Insurance; Surety Bonds; Contracts. The Municipal Clerk, subject
to the supervision of the Mayor and Council, shall:
1.
Be the depository 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 Chief Financial Officer; of
all insurance policies upon or with respect to risks insured for the
benefit of the Borough or to protect it against any claim, demand
or liability whatsoever; and all formal contracts for work, labor,
services, supplies, equipment and materials to which the municipality
may be a party.
2.
Be the depository for and have custody of all performance bonds running
to the Borough as obligee, or any other form of security given by
any 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 Borough Council annually, at such time 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.
f.
Other Laws and Ordinances. In addition to such other functions, powers
and duties as may be prescribed by ordinance and subject to the supervision
and direction of the Mayor and Borough Council, the Municipal Clerk
shall:
1.
Serve as the Chief Registrar of Voters in the Borough, subject to
the requirements of Title 19 of the New Jersey Statutes Annotated;
and perform all of the functions required of Municipal Clerks by the
General Election Law and any other law or ordinance.
2.
Administer the provisions of Borough ordinances with reference to
the licensing of occupations and activities for which licenses are
required by law or ordinance to be obtained from the Municipal Clerk.
3.
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;
4.
Have such other, different and additional functions, powers and duties
as may be prescribed by law or ordinance or delegated to him by the
Mayor and Borough Council.
[1973 Code § 2-6.8; Ord. No. 31-99 § 1; Ord. No. 15-2015 § 1]
There shall be a Deputy Municipal Clerk appointed by the Mayor,
with the advice and consent of the Council for a term ending December
31st of each calendar year, except that the Deputy Borough Clerk shall
continue until a successor is appointed or qualified. The Deputy Borough
Clerk shall be under the direction and supervision of the Borough
Clerk and shall perform such duties as may be assigned by the Borough
Clerk. The Deputy Borough Clerk may also serve as administrative secretary.
The Deputy Borough Clerk, prior to appointment, must have successfully
completed the educational requirements for certification as a Registered
Municipal Clerk.
[1973 Code § 2-7.1]
Pursuant to the authority of N.J.S.A. 40A:9-136, there is hereby
created the Office of the Borough Administrator.
[1973 Code § 2-7.2; New]
The Borough Administrator shall be appointed pursuant to the
provisions of N.J.S.A. 40A:9-137. The term of the office shall be
at the pleasure of the Governing Body.
Former subsection 2-8.3, Residence, previously codified herein,
was repealed in its entirety by Ordinance No. 19-2012.
[1973 Code § 2-7.4]
It shall be the Borough Administrator's duty to:
a.
Provide a liaison between the Governing Body and the departments,
boards and officials of the Borough government and other boards and
bodies carrying out municipal functions.
b.
Act as agent for the Mayor and Council as the Administrative Officer
of the municipal government.
c.
Integrate and coordinate the functions of all departments with the
general administration in carrying out municipal functions and the
policies of the Borough Council.
d.
Have overall supervision of administrative matters in the Department
of General Administration as represented by the integration and coordination
authorized in paragraph c, finance and purchasing, and be responsible
for the maintenance of sound personnel policies, administrative practices
and purchasing.
e.
Oversee the expenditure programs of each department through provision
of work programs and periodic allotments of budgeted appropriations.
Whenever it shall appear to the Administrator that the amount appropriated
for any department or for any purpose within a department is in excess
of the amount required to be expended to provide the quantity and
quality of services authorized by the budget, the Administrator may
suggest to the Borough Council the reduction of the amount available
for expenditure by any department during the remainder of any year.
No expenditure shall be made nor incurred, nor shall any bill, claim
or voucher be paid which together with all prior expenditures exceeds
the amounts of the appropriation to any department as so reduced.
f.
Prepare the budget for the consideration of the Borough Council.
During the month of November in each year, the Administrator shall
request the Chairman of the respective Committees of the Council to
submit requests for appropriation for the ensuing budget year.
g.
Review all disbursements, process all bills and vouchers for payment,
prior to approval by the Borough Council.
h.
Prepare agenda for the meetings of the Borough Council; to refer
to the appropriate department such communications as may, in the judgment
of the Administrator, require prompt action by such department.
i.
Advise the Borough Council on all background matters as an aid to
the establishment of policy and the carrying out of the functions
of municipal government, and advise the Borough Council and other
municipal officials on matters affecting the public interest.
j.
Receive, distribute and follow up requests for information and complaints
from citizens on all manner of problems, and keep the Borough Council
informed on such matters.
k.
Edit and compile releases of information for the public and the press
as directed by the Borough Council.
l.
Advise the Borough Council on all matters of administrative organization
and personnel. It shall be his duty to assign office personnel to
the performance of various duties in various departments.
[1973 Code § 2-7.5]
The Borough Administrator shall receive as salary such sum as
may be established by the Salary Ordinance of the Borough.
[1973 Code § 2-14.1; amended 6-18-2019 by Ord. No. 11-2019]
The Borough Attorney shall be appointed by the Mayor with advice
and consent of the Council for a term of one year. The Borough Attorney
shall be an attorney-at-law in the State of New Jersey, but need not
be a resident of the Borough. In lieu of appointing an individual
attorney, Council may appoint a firm of attorneys, all members of
which shall be attorneys-at-law of New Jersey. The Borough Attorney
shall receive such compensation as provided by contractual agreement
approved by Council.
[1973 Code § 2-14.2]
The Borough Attorney shall have such powers and perform such
duties as are provided for the Office of Borough Attorney by general
law of ordinances of the Borough. The Borough 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; shall give all legal counsel and advice where
required by the Mayor and Council or any member thereof; and shall,
in general, serve as the legal advisor to the Mayor and Council 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 power to enter
into any agreement, compromise of settlement of any litigation in
which the Borough is involved.
d.
Render opinions, in writing, upon any question of law submitted to
him/her by the Mayor and Council or any member thereof 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.
[Amended 6-18-2019 by Ord. No. 11-2019]
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.
[1973 Code § 2-14A.1; New]
There shall be a Borough Prosecutor, an Assistant Prosecutor
and an Alternate Prosecutor, who shall be an attorney-at-law in the
State of New Jersey. The Borough Prosecutor, Assistant Prosecutor,
and Alternate Prosecutor shall be appointed by the Mayor with the
advice and consent of the Council for a term of one (1) year, ending
December 31 of each calendar year, and shall continue until a successor
is appointed or qualified.
[1973 Code § 2-14A.2; New]
The Borough Prosecutor, Assistant Prosecutor and Alternate Prosecutor
shall represent the State of New Jersey in the Borough with regard
to all matters venued in the Municipal Court wherein the State or
Borough shall be a party. The Borough Prosecutor, Assistant Prosecutor
and Alternate Prosecutor shall make all necessary preparations for
such matters including factual review and legal research and prepare
and submit such legal briefs, memoranda and pleadings as the Court
may from time to time require. The Borough Prosecutor, Assistant Prosecutor
and Alternate Prosecutor shall be available to aid and assist the
Police Department, Court Administrator and other Borough departments
and officials in the interpretation of the law with respect to offenses
within his purview, and the preparation and wording of any necessary
pleadings. The Borough Prosecutor, Assistant Prosecutor and Alternate
Prosecutor shall be available to Borough officials and citizens for
consultation with respect to violations within the jurisdiction of
the Municipal Court.
[New]
All papers, documents, memorandum, and other materials relating
to prosecution or to the duties of a Borough Prosecutor shall be and
shall remain the property of the Borough.
[1973 Code § 2-14B.1; amended 2-21-2023 by Ord. No. 03-2023]
There shall be a Borough Public Defender, an Assistant Borough
Public Defender, and an Alternate Borough Public Defender who shall
be an attorney-at-law in the State of New Jersey. The Borough Public
Defender, the Assistant Borough Public Defender, and the Alternate
Borough Public Defender shall be appointed by the Mayor with the advice
and consent of the Council for a term of one (1) year, ending December
31 of each calendar year, and shall continue until a successor is
appointed or qualified.
[1973 Code § 2-14B.2]
The Borough Public Defender shall represent indigent defendants
in the Borough with regard to matter venued in the Municipal Court
wherein such defendants shall qualify for such representation. The
Borough Public Defender shall make all necessary preparation for such
matters including factual review and legal research and prepare and
submit such legal briefs, memoranda and pleadings as he shall deem
necessary.
[1973 Code § 2-14B.3]
P.L. 1997, Chapter 256 requires the appointment of a Public
Defender.
Pursuant to the provisions of N.J.S.A. 2B:12-28, a municipality
may require by ordinance a person applying for representation by a
Public Defender or Court-approved counsel to pay an application fee
of not more than two hundred ($200.00) dollars, but only in an amount
necessary to pay the costs of the 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 (4) months.
Funds collected pursuant to this subsection shall be deposited
in a dedicated fund administered by the Chief Financial Officer of
the Borough or in the case of a joint municipal court in a manner
agreed to by the constituent municipalities. Such funds shall be used
exclusively to meet the costs incurred in providing the services of
a Public Defender including, when required, expert and lay investigation
and testimony.
If it is determined by the Division of Local Government Services
during its annual review of a municipal budget that the amount of
money in a dedicated fund established pursuant to this section exceeds
by more than twenty-five (25%) percent the amount which the municipality
expended during the prior year providing the services of a 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.
[1973 Code § 2-10]
The functions of the position of Borough Engineer shall be performed
either by an individual who may be employed by the Borough or by an
independent contractor, who may consist of a firm of engineers or
also be an individual.
The Borough Engineer and/or any independent contractor shall
be appointed by the Mayor with the advice and consent of the Council
for a term of one (1) year and shall receive such compensation and
fees and charges as are determined by the Mayor with the advice and
consent of the Council and as shall be deemed reasonable by them.
The Borough Engineer and/or the independent contractor, including
those members of any firm of engineers who perform services for the
Borough, shall possess a license as an approved professional engineer
issued by the State of New Jersey, but need not be a resident of the
Borough.
[1973 Code § 2-10.2]
The Borough Engineer shall:
a.
Maintain the Official Tax Assessment Maps of the Borough.
b.
Supervise, direct, and approve the design, construction, and maintenance
of municipal improvements and utilities.
c.
Approve the design and construction of improvements in land subdivisions
and developments which are subject to acceptance by the Borough Council
for maintenance purposes.
d.
Serve as soil removal officer of the Borough and, in such capacity, administer and enforce the provisions of Chapter 20, Soil and Soil Moving, of this Code.
e.
Perform all the duties required by all applicable statutes and regulations
of the State of New Jersey and the ordinances, resolutions and regulations
of the Borough.
f.
Supervise and direct the work of such additional engineers and technical
and professional assistants as the Council may authorize for special
or regular employment in or for the Borough.
