[Added 3-27-2018 by Ord. No. 2018-1]
a.
Assistant to the Borough Clerk; office created; appointment; term
of office; compensation.
b.
Qualifications. The qualifications of the Assistant to the Borough
Clerk shall be that he be over the age of 18 years, be a citizen before
entering into the duties of his office, and subscribe to the oath
of office as provided for other Borough officials.
c.
Powers and duties. The Assistant to the Borough Clerk shall perform
all of the duties under the guidance, direction and authorization
of the Borough Clerk and, when necessary, Deputy Borough Clerk, during
such times, and for such specific periods, as the Borough Clerk is
absent from the Borough or is unable to serve by reason of physical
illness.
[1975 Code §§ 9-1—9-3]
a.
Deputy Borough Clerk; Office Created; Appointment; Term of Office;
Compensation.
b.
Qualifications. The qualifications of the Deputy Borough Clerk shall
be that he be over the age of twenty-one (21) years, be a citizen
and resident of the Borough, and that he shall, before entering into
the duties of his office, subscribe to the oath of office as provided
for other Borough officials.
c.
Powers and Duties. The Deputy Borough Clerk shall have all of the
powers and perform all of the duties of the Borough Clerk during such
times and for such specific periods as the Borough Clerk is absent
from the Borough or is unable to serve by reason of physical illness.
[Ord. No. 89-11B § 1]
There is hereby established in the Borough the position of Chief
Financial Officer pursuant to the mandate of P.L. 1988, c. 110 to
carry out the duties set forth under P.L. 1947, c. 151 (N.J.S.A. 52:27BB-26
et seq.).
[Ord. No. 89-11B § 4]
The Chief Financial Officer shall be appointed by the Mayor,
with the advice and consent of Council annually and shall hold office
until July 1 next following and until a successor shall have been
appointed. Any vacancy in the position shall be filled only for the
unexpired portion of the term.
[Ord. No. 89-11B § 2]
Any person appointed to the position of Chief Financial Officer
shall meet the requirements of P.L., c. 110, subject to the statutory
provisions for interim or temporary appointments and for persons entitled
to tenure in such position.
[Ord. No. 89-11B § 3]
It shall be the duty of the Chief Financial Officer to perform
the duties of Municipal Treasurer, to attend to proper fiscal administration
of the Borough and to keep all necessary and proper accounts.
[Ord. No. 89-11B § 5]
The Borough Council shall determine the salary for the position
of Chief Financial Officer and make necessary appropriations for payment
of same.
[1975 Code § 33-6; Ord. No. 81-10 § 2]
There shall be appointed a Clerk of Public Works, whose duties
will be to:
a.
Keep proper accounts between the Borough and all persons receiving
water or sewer service furnished by the Borough, render proper bills
to all consumers for such water and sewer service furnished and collect
the bills and deposit all funds received by him in an account, to
be designated " Borough of Island Heights - Water and Sewer Collections
Account," with such bank or trust company as shall be designated by
the Borough.
b.
Within the time designated by statute, the Clerk of Public Works
will provide the written receipt of the Chief Municipal Finance Officer
therefor.
c.
The Clerk of Public Works is required to be bonded.
[1975 Code § 33-8; Ord. No. 81-10 § 4]
The salary of the Clerk shall be fixed by the Governing Body.
[1975 Code § 32-1]
There is hereby created in the Borough the position of Municipal
Prosecutor.
[1975 Code § 32-7]
The Municipal Prosecutor shall be appointed pursuant to the
provisions of N.J.S.A. 40:87-15, et seq.
[1975 Code § 32-6]
The Municipal Prosecutor shall serve at the pleasure of the
Mayor and Borough Council.
[1975 Code § 32-5]
The Municipal Prosecutor shall be an attorney at law of New
Jersey but need not be a resident of the Borough.
[1975 Code § 32-2]
The general duties of this position shall be to prosecute the
pleas of the State and the municipality within the Borough.
[1975 Code § 32-3]
The Municipal Prosecutor shall be vested with the necessary
power to perform such duties as set forth herein.
[1975 Code § 32-4; New]
The salary of the Prosecutor shall be fixed by the Governing
Body.
[Ord. No. 98-03 § 2-13.1]
There is hereby created within Department of Law, for administrative
purposes, but independent from the Department of Law, a Municipal
Public Defender who shall be appointed by the Governing Body. The
Governing Body may appoint a Municipal Public Defender and such Alternate
Municipal Public Defenders as may be determined by the Governing Body
to be necessary.
[Ord. No. 98-03 § 2-13.2]
In accordance with the provisions of P.L. 1997, Chapter 256,
the Municipal Public Defender and Alternate Municipal Public Defenders
shall be qualified as an attorney-at-law of the State of New Jersey
in good standing and shall represent those defendants appearing in
Municipal Court who are determined by the Court to be indigent and
whose representation is assigned to the Municipal Public Defender
by the Court.
[Ord. No. 98-03 § 2-13.3]
The Municipal Public Defender or Alternate Public Defender shall
be appointed for a term of one (1) year from the date of appointment
and may continue to serve in office pending re-appointment of a successor.
[Ord. No. 98-03 § 2-13.4]
The Municipal Public Defender or Alternate Public Defender shall
be compensated in the manner established by ordinance.
[Ord. No. 98-03 § 2-13.5]
The Municipal Public Defender may represent private clients
in the Municipal Court and before Municipal agencies, subject to the
Rules of Court Governing the Conduct of Lawyers, Judges and Court
Personnel.
[Ord. No. 98-03 § 2-13.6]
A person applying for representation by the Municipal Public
Defender shall pay an application fee of two hundred ($200.00) dollars.
In accordance with the provisions of P.L. 1997, Ch. 256 and 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.
[Ord. No. 98-03 § 2-13.7]
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 section 2-13.10. Need shall be measured as provided by law and in accordance with 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 municipality for the cost of the services rendered to that time.
[Ord. No. 98-03 § 2-13.8]
The Municipal Court shall make an investigation of the financial
status of each defendant seeking representation 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. As provided by law, 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. 98-03 § 2-13.9]
As provided by P.L. 1997, Ch. 256, whenever a person entitled
to representation by a Municipal Public Defender pursuant to this
act, is under eighteen (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.
[Ord. No. 98-03 § 2-13.10]
As provided by P.L. 1997, Ch. 256, 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 and the Borough shall have a lien on any property to which
the defendant shall or acquire an amount equal to the reasonable value
of the services rendered to a defendant pursuant to this act as calculated
at the same rate as the Office of the Public Defender bills clients
at that time.
[Ord. No. 98-03 § 2-13.11]
The Municipal Attorney 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. 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. The Municipal Attorney
is authorized to compromise and settle any claim for services performed
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. 98-03 § 2-13.12]
Funds collected from the application fee shall be deposited
in a dedicated fund administered by the Chief Financial Officer of
the Borough. The funds shall be used exclusively to meet the costs
incurred in providing the services of the Municipal Public Defender
including, when required, expert and lay investigation and testimony.
[Ord. No. 98-03 § 2-13.13]
The Governing Body shall appoint a Municipal Public Defender, as required by P.L., Ch. 256, not later than March 22, 1998. The application fee set forth in Section 2-13.9 shall take effect immediately upon adoption of the section. In accordance with the provisions of P.L. 1997, Ch. 256, Section 6c, the Borough shall not be required to pay for expert and lay investigation or testimony prior to March 22, 1999.
[Ord. No. 2010-10]
Prior to the appointment of any individual to a volunteer board,
commission or committee established by the Borough of Island Heights,
they shall submit a Citizen Leadership form in accordance with the
provisions of N.J.S.A. 40A:9-9.2. Said form as established by statute
may be revised from time to time by the Governing Body of the Borough
of Island Heights in order to supplement said information submission.
[Ord. No. 2010-10]
Members of any board, committee, commission or other agency
appointed by the Mayor and/or Council of the Borough of Island Heights,
without being excused by majority of the authorized members of said
Body who fail to attend and participate at meetings of such Body for
a period of six (6) consecutive weeks or three (3) consecutive meetings,
whichever shall be of longer duration, at the conclusion of such period,
are subject to removal. Such Body shall notify the Mayor and Council
in writing of such determination. Additionally, such board, committee,
commission or other agency may refuse to excuse only with respect
to those failures to attend and participate which are not due to legitimate
illness. Whereupon, the Governing Body shall remove said individual
from the board, committee, commission or other agency.
