[New]
There shall be a Township Clerk appointed by the Mayor and Township
Committee. The term of office of the Clerk shall be three years which
shall run from January 1 in the year in which the Clerk was appointed.
[New]
No person shall be appointed as Township Clerk unless he shall
have a registered Municipal Clerk Certificate issued pursuant to N.J.S.A.
40A:9-133 et seq.
[New]
The Clerk's salary shall be established in the Salary Ordinance.
[1971 Code §§ 2-3.1—2-3.8; New]
The powers and duties of the Township Clerk shall be as follows:
a.
Clerk of the Township Committee. The Township Clerk shall serve as
Clerk of the Township Committee. He shall attend all meetings of the
Committee when required by the Committee and shall keep the minutes
of the meetings of the Committee. The minutes of each meeting of the
Committee shall be signed by the officer presiding at the meeting
and by the Clerk.
b.
Recorder of Ordinances and Resolutions.
1.
The Clerk shall retain the original copies of all ordinances and
resolutions and shall record all ordinances of a permanent character
in books to be provided for that purpose. After each ordinance he
shall also record and certify proof of publication thereof as required
by law. Each ordinance so recorded shall be signed by the Mayor and
the 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 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.
Three times yearly during April, August and December, the Clerk,
with the advice and assistance of the Township Attorney, shall bind,
compile or codify all the ordinances, or true copies thereof, which
then remain in force and effect. He shall properly index the record
books, compilation or codification of ordinances.
c.
Custodian of Records. The Clerk shall have custody of and shall safely
keep all records, books and documents of the Township committed to
the Office of the Township Clerk by the Municipal Manager or the Township
Committee.
d.
Corporate Seal. The Clerk shall cause the corporate seal of the Township
to be affixed to instruments and writings when authorized by ordinance
or resolution of the Committee 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 Township 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.
e.
Insurance; Surety Bonds; Contracts. The Clerk, subject to the supervision
of the Township Committee, 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 Treasurer; of all insurance
policies upon or with respect to risks insured for the benefit of
the Township 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 Township may be a party.
2.
Be the depository for and have custody of all performance bonds running
to the Township 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 Township.
3.
Have custody of all leases of property owned by the Township.
4.
Report to the Township Committee annually, at such time as the Committee
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.
Administrative Rules and Regulations; Filing and Publication. No
rule or general regulation made by any Department, officer, agency
or authority of the Township, except such as relates to the organization
or internal management of the municipal government or a part thereof,
shall take effect until it is filed with the Township Clerk. The 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.
g.
Maintain Personnel Files. The Township Clerk shall initiate a personnel
file for all new employees of the Township, and all records of such
employee concerning qualifications, permanent status, work history,
and Civil Service records. The Clerk shall make such files available
for inspection by the employee on a reasonable basis.
h.
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 Township Committee, the Clerk shall:
1.
Serve as the Chief Administrative Officer in all elections held in
the Township, subject to the requirements of Title 19 of the New Jersey
Statutes Annotated;
2.
Serve as Chief Registrar of Voters in the Township, subject to the
requirements of Title 19 of the New Jersey Statutes Annotated;
3.
Administer the provisions of Township 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;
4.
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;
5.
Have such other, different and additional functions, powers and duties
as may be prescribed by law or ordinance or delegated to him by the
Township Committee.
[1971 Code § 2-3.9]
a.
The position of Deputy Township Clerk is hereby created.
b.
The Deputy Township Clerk shall perform all those functions performed
by the Township Clerk in the latter's absence or inability to perform
his necessary functions.
c.
At those times that the Township Clerk is present and able to perform
his functions, the Deputy Township Clerk shall perform the functions
that he is directed to perform by the Township Clerk or Municipal
Manager for the purpose of accomplishing the requirements of the Office
of the Township Clerk.
d.
The Deputy Township Clerk shall be compensated as set forth in the
annual salary ordinances of the Township.
[Ord. No. 97-2 § 2-10.1a]
The Township Attorney shall be an attorney at law of New Jersey.
The Township Attorney shall be the legal advisor to the Township and
attorney of record in all proceedings wherein the Township, or any
of its officers and employees, by reason of any suits growing out
of their official position, shall be a party.
[Ord. No. 97-2 § 2-10.1b]
The Township Attorney shall be appointed by a majority vote
of the Township Committee. He shall be a member in good standing of
the Bar of the State of New Jersey.
[Ord. No. 97-2 § 2-10.1c]
In the event of a vacancy of the position of the Township Attorney,
the Township shall by resolution appoint a qualified person to fill
such vacancy for the unexpired portion of the term thereof.
[Ord. No. 97-2 § 2-10.1d]
The Township Attorney shall hold office for a term of one year
from January 1 of the year of his/her appointment.
[Ord. No. 97-2 § 2-10.1e]
The Township Committee shall appoint the Township Attorney for
a period of one year and may remove him by a majority vote of its
members for legally sufficient cause. At least 90 days before such
removal shall become effective, the Township Committee shall, by a
majority vote of its members, adopt a preliminary resolution stating
the reasons for his removal. The Township Attorney may reply in writing
and may request a public hearing, which shall be held prior to the
expiration of the 90 days and at least 10 days after publication of
notice of such hearing. After such public hearing, if one be requested,
and after full consideration, the Township Committee by majority vote
of its members may adopt a final resolution of removal.
By the preliminary resolution, the Township Committee may suspend
the Township Attorney from duty, but his regular salary shall continue
to be paid to him during such period of suspension. If removal is
voted, the Township Committee shall cause to be paid to him forthwith
any unpaid balance of his salary for the next two calendar months.
[Ord. No. 97-2 § 2-10.1f]
Except as may be otherwise provided by the Township Committee,
the Township Attorney shall:
a.
Be charged with the performance of all legal services of the Township,
including those of legal advisor to the Township Committee, Municipal
Manager, and to all departments, officers and boards of the Township
except where prohibited by law or otherwise directed by the Township
Committee. However, his duties shall not include services to the Zoning
Board of Adjustment or the Planning Board. He shall prosecute and
defend all actions and proceedings by and against the Township.
b.
Draft ordinances, resolutions and contracts and advise as to their
form and sufficiency prior to passage or approval.
c.
Review and approve all contracts, deeds, documents and instruments
prior to passage.
d.
Conduct appeals from orders, decisions or judgments affecting any
interest of the Township as directed by the Municipal Manager or the
Township Committee.
e.
Maintain a record of all actions, suits, proceedings and matters
which relate to the Township's interest, and report thereon from time
to time as the Municipal Manager or Township Committee may require.
f.
Call to the attention of the Township Committee and Municipal Manager,
matters of law affecting the Township. To this end he shall report
to the Township Committee and Municipal Manager promptly, all suits
brought against the Township.
g.
Render all opinions in writing, insofar as practicable and maintain
an indexed record of all his opinions rendered and turn such records
over to his successor in office.
h.
Attend all meetings of the Township Committee and also attend meetings
of other Township boards, commissions, departments or agencies as
directed by the Municipal Manager, Mayor or Township Committee.
i.
Conduct prosecutions for crimes and offenses, cognizable by the Municipal
Court of the Township, including violation of ordinances of the Township
as directed by the Manager or the Township Committee, except when
another attorney may be designated by the Township Committee to do
so.
j.
Supervise and direct the work of any additional attorneys and technical
assistants as the Township Committee may authorize for special matters
of law.
k.
Serve as attorney for the liquidation of tax liens, which shall include
the following duties:
1.
Compilation of a list of the tax sales certificates held by the Township
with appropriate reference to availability of each for foreclosure.
2.
Preparation of an analysis of properties covered by tax sales certificates
to the end that they may be aggregated for the purposes of foreclosure
in groups covering various areas throughout the Township.
3.
Prosecuting tax foreclosure actions with diligence and expedition
at such times as they are authorized by the Township Committee.
4.
Maintaining such detailed and accurate records of all services performed
and proceedings taken as may be required by the Township Manager or
Township Committee.
5.
Where necessary or advisable, securing releases of rights of reverter
or other outstanding interests in and to properties to be purchased
by the Township.
6.
Conducting negotiations with title companies on behalf of the Township
and securing estimates therefrom of the cost of title searches covering
properties to be foreclosed.
7.
Securing certificates of regularity from such title company as may
be selected by the Township for each individual title foreclosed,
to insure the efficacy of procedures employed.
8.
Maintaining records, documents, pleadings and all other papers relative
to the performance of his duties and any and all matters performed
by him upon request of the Township through the Manager, the Tax Collector
or the Township Committee.
9.
Performing all other duties not specifically provided herein as may
be necessary or incidental to any of the enumerated duties, together
with such other duties as may devolve upon him by contract or special
retainer; and devoting all necessary time and effort to the performance
of the duties above set forth.
l.
Perform all functions relating to land acquisition as may be referred
to him by the appropriate authority, including the establishment and
maintenance of a system whereby all land acquisition is registered
with him together with recorded information as to all searches, title
insurance policies, affidavits of title and other necessary proofs
of title, such as deeds and judgments.
m.
Perform all other functions traditionally carried out by a Township
Attorney and perform such duties as may be required by the Township
Committee.
n.
Be subject to the direction of the Municipal Manager and the Township
Committee and shall be directly responsible to the Municipal Manager
and Township Committee for the proper performance of his duties and
the proper execution of his powers.
o.
Shall not have his duties amended to include functions not ordinarily
performed by an attorney at law.
p.
Exercise best efforts when taking on outside representation to avoid
any conflicts of interest.
[Ord. No. 97-2 § 2-10.1g]
All papers, documents, memoranda, reports and other materials
relating to the Township Attorney position shall be and remain the
property of the Township. Upon the termination of his service with
the Township, the Township Attorney shall forthwith surrender to his
successor all such property together with a written consent to substitution
of his successor in all legal actions and proceedings then pending
to which the Township is a party.
[Ord. No. 97-2 § 2-10.1h]
Subject to the approval of the Township Committee, the Township
Attorney shall have power to enter into any agreement, compromise
or settlement of litigation in which the Township is involved.
[Ord. No. 97-2 § 2-10.2]
There shall be a Township Prosecutor appointed for a one year
term by the Township Committee. The Township Prosecutor shall be an
attorney at law of the State of New Jersey.
[Ord. No. 97-2 § 2-10.2]
It shall be the duty of the Township Prosecutor to conduct prosecutions
for crimes and offenses, and motor vehicle offenses cognizable by
the Municipal Court of the Township, including violations of ordinances
of the Township as directed by the Manager or the Township Committee.
The Township Prosecutor shall also act on behalf of the State, the
complaining witness and the Township in all zoning ordinance violations
where for any reason the Counsel to the Board of Adjustment does not
appear; and special cases at the express instance and written request
of the Municipal Court Judge, the Mayor, Township Committee or Municipal
Manager.
[Ord. No. 97-2 § 2-10.2]
If so appointed by the Township Committee, an Assistant Township
Prosecutor shall be hired to assist the Township Prosecutor with his
official duties enumerated above. The Assistant Township Prosecutor
shall be an attorney at law of the State of New Jersey.
[Ord. No. 2002-22 § 1]
The Township hereby establishes a position of Conflict Prosecutor
who shall be an attorney of the State of New Jersey appointed by the
Township when the Township Prosecutor declares a conflict in representation.
The fee to be paid to the Conflict Prosecutor is $400 per diem for
each prosecutor.
[1971 Code § 2-31.1]
There shall be an Office of the Public Defender of the Township
of Lakewood.
[1971 Code § 2-31.2; Ord. No. 2012-3]
The Public Defender shall be appointed by resolution of the
Township Committee and shall serve for a term of one year from the
date of appointment and until his/her successor is appointed.
[1971 Code § 2-31.3]
The Public Defender shall be an Attorney at Law of the State
of New Jersey in good standing.
[1971 Code § 2-31.4]
a.
The Public Defender shall represent indigent defendants charged with
disorderly persons offenses or serious motor vehicle violations in
the Municipal Court of the Township of Lakewood.
b.
The definition of indigent shall be the same as that utilized by
the Office of Public Defender of the State of New Jersey for those
cases handled by the Ocean County Office thereof, and the requirements
therefor shall be available for public inspection in the Office of
the Court Administrator.
c.
A serious motor vehicle violation is defined as one which constitutes
a violation of N.J.S.A. 39:3-10, 12, 13, 18 and 40, N.J.S.A. 39:4-48,
49, 49.1, 50, 96, 129 and 130, N.J.S.A. 39:5C-1, and N.J.S.A. 39:6B-2.
d.
The Public Defender shall appear in the Township of Lakewood Municipal
Court at such time and in such manner as designated by the Judge of
the Municipal Court of the Township of Lakewood.
e.
The Judge of the Municipal Court may direct the Public Defender to
defend indigents in matters other than those designated herein upon
his findings that the nature of the offense, the defendant, or the
penalty would result in unusual harm or prejudice to the defendant
if not afforded by the Public Defender.
[1971 Code § 2-31.5; Ord. No. 98-19]
a.
Any person applying for representation by the Municipal Public Defender
in the Municipal Court of the Township of Lakewood shall be required
to pay an application fee of $200 to the Municipal Court Clerk at
the time of the application. The amount paid shall be only an amount
necessary to pay the costs of the municipal public defender services.
b.
The Court may waive the required fee in whole or in part if the Court
determines upon a clear and convincing showing by the applicant that
the fee represents an unreasonable burden on the person seeking the
services of the Public Defender. The Municipal Court may permit the
applicant to pay the fee over a specified time not to exceed four
months.
c.
Any funds collected shall be deposited in a dedicated fund administered
by the Chief Financial Officer, and those funds shall be used exclusively
to meet the costs incurred in providing the services of the Public
Defender or if required, attendant expert and lay investigation and
services.
[Ord. No. 2002-22 § 2]
The Township hereby establishes a position of Conflict Public
Defender who shall be an attorney of the State of New Jersey appointed
by the Township when the Township Public Defender declares a conflict
in representation. The fee to be paid to the Conflict Public Defender
is $400 per diem for each public defender.
[Ord. No. 2004-1 § 1]
a.
Position Established. There is hereby established the position of
Deputy Public Defender within the Office of the Public Defender. The
Deputy Public Defender shall be appointed by the Township Committee
for a term of one year.
b.
Duties and Responsibilities. The Deputy Public Defender shall be
under the supervision of the Public Defender. In that connection,
it shall be the duty of the Deputy Public Defender to assist the Public
Defender in the performance of such duties of the Office of the Public
Defender.
c.
Compensation. The compensation for Deputy Public Defender shall be
established by the Township and shall be between $15,000 to $20,000
per annum.
