[1979 Code § 2-5.1]
The City Clerk shall be appointed for a term of three (3) years
in the manner provided by law. The City Clerk shall acquire tenure
in the manner provided by law.
[New]
No person shall be appointed as City Clerk unless he shall have
a registered Municipal Clerk Certificate issued pursuant to N.J.S.A.
40A:9-133 et seq.
[1979 Code § 2-5.2]
The City Clerk shall serve as secretary to the Council and as
secretary of the municipal corporation. He shall attend meetings of
the Council and shall keep the minutes of the meetings of the Council.
The minutes of each meeting of the Council shall be signed by the
Clerk and presented for approval at the next Council meeting.
[Ord. No. 50-3 § 1; Ord. No. 51-55 § 1]
Within the office of the City Clerk, there shall be a Division
of Licenses, the head of which shall be the City Clerk and/or Deputy
Municipal Clerk.
The City Clerk shall:
a.
Receive applications for all licenses from the City of Linden, including
alcoholic beverage licenses, except where otherwise provided by law
or ordinance.
b.
Investigate all applications for licenses as required by ordinance.
c.
Except where an ordinance provides that the license shall be issued
by the Council, issue all license applications which shall be subject
to his jurisdiction.
d.
Enforce all laws and ordinances pertaining to the qualifications
for licenses and regulations of license holders.
e.
Report to the Council on all violations of licensing ordinances and
laws whether by persons holding a license or permit or otherwise.
f.
Except where ordinance provides that such authority shall repose
in the Council, administer and enforce the ordinance provisions concerning
suspension and revocation of licenses and serve as the initial hearing
officer on appeals from suspension of revocation of licenses.
g.
Serve as the Inspector of the Alcoholic Beverage Control Board of
the City.
h.
Keep records of investigations and report to the Council at least
quarter-annually.
[1979 Code § 2-5.3]
a.
The Clerk shall record all ordinances and resolutions of a permanent
character in books to be provided for that purpose. After each ordinance
he shall record and certify the proof of publication thereof as required
by law. Each ordinance and resolution so recorded shall be signed
by the Mayor, President of Council 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.
b.
Not later than every six (6) months, the Clerk, with the advice and
assistance of the City Attorney, shall compile and codify 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 of ordinances and resolutions.
[1979 Code § 2-5.4]
The Clerk shall have custody of and safely keep all records,
books and documents of the City, except those committed by ordinance
to any other office or transferred thereto by the Mayor and Council.
[1979 Code § 2-5.5]
The Clerk shall cause the corporate seal of the City 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 appears to have been a public act of the City or a public
document. He 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.
[1979 Code § 2-5.6]
The Clerk, subject to the supervision of the 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 City 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 City may be a party.
b.
Be the depository for and custodian of all performance bonds running
to the City 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 and for the City.
c.
Have custody of all leases of property owned by the City.
d.
Report to the City Council annually, and 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.
[New]
Any department, agency or authority of the City may promulgate
and adopt rules and regulations concerning the operations and functions
thereof, except that no such rules and regulations shall take effect
without approval of Council. No such rules or regulations shall conflict
with any Federal, State, County law or any ordinance or resolution
of Council, and any such rules and regulations or portions thereof
shall be deemed invalid to extent of any such inconsistency. The rules
and regulations of the Police Department shall be promulgated pursuant
to N.J.S.A. 40A:14-118. Copies of all such rules and regulations shall
be maintained by the City Clerk and shall be considered public documents.
[1979 Code 2-5.8]
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 Council, the Clerk shall:
a.
Perform all the functions required of City Clerks by the General
Election Law (Title 19 of the New Jersey Statutes) and any other law
or ordinance.
b.
Administer the provisions of City ordinances with reference to the
licensing of occupations and activities for which licenses are required
by law or ordinance to be obtained from the Clerk.
c.
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 Council.
[1979 Code § 2-5.9a]
There shall be an office of Deputy Municipal Clerk, created
pursuant to N.J.S.A. 40A:9-135.
[1979 Code § 2-5.9b]
The term of office of Deputy Municipal Clerk shall be three
(3) years commencing on January 1 in the year of appointment and until
a successor has been appointed and qualifies; provided that a vacancy
in such term shall occur in the event that the Deputy Municipal Clerk
ceases to possess the qualifications hereinafter set forth or by reason
of any other cause producing a vacancy.
[1979 Code § 2-5.9c]
The Deputy Municipal Clerk shall be an employee in the office
of the City Clerk.
[1979 Code § 2-5.9d]
The Deputy Municipal Clerk shall have all the powers and perform
all the duties of the City Clerk during such times and for such specific
periods as the City Clerk is absent.
[1979 Code § 2-5.9e]
The Deputy Municipal Clerk shall be appointed by resolution
of the Council. The salary of the Deputy Municipal Clerk shall be
as provided by ordinance.
[Added 7-16-2019 by Ord.
No. 63-33]
The purpose of this section is to create to create the position
of parking enforcement officer to enforce state, county, and municipal
statutes, resolutions, ordinances or regulations relating to the parking
of vehicles with the City of Linden pursuant to N.J.S.A. 40A:9-154.7
et seq.
There is hereby created in the City of Linden the position of
parking enforcement officer. City Council may hire up to four positions
of parking enforcement officers.
a.
For purposes of this section, a parking enforcement officer is not
a special law enforcement officer within the meaning of the Special
Law Enforcement Officers Act N.J.S.A. 40A:14-146.8 et seq., and is
not a member of the City of Linden Police Department. No parking enforcement
officer may carry or use a firearm while on duty.
b.
A parking enforcement officer is deemed to be "on duty" while the
officer is performing the public safety functions enumerated in this
section and for which the officer is receiving compensation from the
City.
c.
A parking enforcement officer is not eligible for membership in the
Police and Firemen's Retirement System established pursuant to N.J.S.A.
43:16A-1 et seq.
a.
An applicant for the position of parking enforcement officer appointed
pursuant to this section and civil service rules and regulations shall
have fingerprints taken, which fingerprints shall be filed with the
Division of State Police and the Federal Bureau of Investigation.
b.
The Chief of Police shall interview candidates for the position of
parking enforcement officer and make recommendations to the Mayor
regarding the appointment of a parking enforcement officer. Before
any parking enforcement officer is appointed pursuant to this section,
the Chief of Police shall ascertain the eligibility and qualifications
of the applicant and report these determinations, in writing, to the
Mayor and Council.
c.
No person appointed as parking enforcement officer may commence duties
as a parking enforcement officer unless that person has successfully
completed a training course conducted or approved by the Chief of
Police. The Mayor and Council may waive this training requirement
for any person otherwise eligible to be appointed as a parking enforcement
officer under this section if the person possesses substantially equivalent
training and background, as determined by the Chief of Police or other
chief law enforcement officer.
a.
The parking enforcement officer shall enforce state, county, and
City statutes, ordinances and/or regulations related to the parking
of vehicles within the City of Linden. He or she shall possess the
power and authority to:
1.
Issue a parking ticket for a parking offense, as those two terms
are defined in the Parking Offenses Adjudication Act, P.L. 1985, c.
14 (N.J.S.A. 39:4-139.2 et seq.).
2.
Serve and execute all process for any parking offenses issuing out
of the court having jurisdiction over the complaint.
3.
Issue warnings for violations of any state, county, or City of Linden
statutes, ordinances, resolutions and/or regulations related to the
parking of vehicles within the City of Linden.
4.
Cause any vehicle parked, stored, or abandoned in the City in violation
of a statute, resolution, ordinance or regulation to be towed away
from the scene of the violation and to collect from the vehicle's
owner or the owner's agent, on behalf of the City, the costs of the
towing and subsequent storage of the vehicle before surrendering the
vehicle to the owner or agent.
5.
Attend, participate, testify and assist in the prosecution, if necessary,
in any court proceedings relating to any actions taken by him or her.
6.
Inspect the conditions of parking meters or other parking regulating
devices and if necessary, report to the appropriate individual responsible
for the necessary repairs or replacement.
b.
The parking enforcement officers shall be under the supervision and
direction of the Chief of Police.
The parking enforcement officer shall receive such training
in the performance of his or her duties as may, from time to time,
be required by law or recommended and authorized by the Chief of Police.
a.
Prior to the commencement of duties, every parking enforcement officer
shall be furnished with a uniform which shall clearly identify the
officer's function. The uniform shall include, but not be limited
to, a hat and appropriate badges which shall bear an identification
number or name tag and the name of the City of Linden in which the
officer is employed. The uniform shall also include an insignia issued
by the City which clearly indicates the officer's status as a parking
enforcement officer. The uniform shall be distinct in color from the
uniform of a regular police officer or special law enforcement officer.
b.
The City shall issue a permanent insignia not later than 90 days
following its first appointment of a parking enforcement officer for
persons designated as parking enforcement officers under this section.
The City may issue a temporary insignia for use prior to the issuance
of permanent insignia.
The parking enforcement officer shall maintain an accurate and
complete file with respect to every alleged violation or other matter
investigated by him or her. The parking enforcement officer shall
file a monthly report of his or her activities, including any warning,
complaints or cases processed by him or her and the disposition thereof,
with the Chief of Police.
All files, books and records maintained by, and property provided
to, the parking enforcement officers are the property of the City
of Linden. Every parking enforcement officer, on the expiration of
his or her term, shall forthwith deliver to his or her successor all
files, books, records and property provided, which are in his or her
possession or under his or her control or maintained by him or her,
to the Chief of Police.
The creation of the position of parking enforcement officer,
and the within section, shall not be interpreted or inferred to alter,
change, affect, limit, restrict, or relieve any the authority and/or
duties of a police officer of the City of Linden.
[1979 Code § 2-33a; Ord. No. 27-8 § 13]
There is hereby created within the Table of Organization of
the City of Linden, the position of Right to Know Coordinator.
[1979 Code § 2-33b; Ord. No. 27-8 § 13]
The position shall be a part-time position, which shall be filled
by the Governing Body in accordance with and shall be subject to all
applicable New Jersey Department of Personnel statutes and regulations
and any other applicable laws.
[1979 Code § 2-33c; Ord. No. 27-8 § 13]
The Coordinator shall have all powers, duties and responsibilities
prescribed by an incident to all statutes and regulations adopted
under recently enacted "Right to Know" legislation and shall insure
compliance by the City of Linden with all applicable areas thereof.
