[1984 Code § 2-7.1; New]
There shall be a Borough Clerk appointed by the Mayor and Borough
Council. 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
in accordance with N.J.S.A. 40A:9-133 et seq. The Borough Clerk shall
have rights of tenure.
[New]
No person shall be appointed as Borough Clerk unless he or she
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.
[1984 Code § 2-7; New]
The Borough Clerk shall:
a.
Serve as Clerk of the Council, attend all meetings of the Council
and of Council Committees when required by the Chairmen and shall
keep the minutes of the meetings of the Council and of the Committees.
The minutes of each meeting of the Council shall be signed by the
Clerk who shall retain the original copies of all ordinances and resolutions.
b.
Act as secretary of the municipal corporation and custodian of the
municipal seal and of all minutes, books, deeds, bonds, contracts,
and archival records of the municipal corporation. The Borough Council
may, however, provide by ordinance that any other specific officer
shall have custody of any specific other class of record;
c.
Serve as the chief administrative officer in all elections held in
the Borough, subject to the requirements of Title 19 of the New Jersey
Statutes Annotated;
d.
Serve as chief registrar of voters in the Borough, subject to the
requirements of Title 19 of the New Jersey Statutes Annotated;
e.
Serve as the administrative officer responsible for the acceptance
of applications for licenses and permits and the issuance of licenses
and permits, except where Statute or ordinance has delegated that
responsibility to some other Borough officer;
f.
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;
g.
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.
h.
Insurance; Surety Bonds; Contracts. The Borough Clerk shall:
1.
Be the depository for and the 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 on or with respect to risks insured for the
benefit of the Borough or to protect it against any claim, demand
or liability; and all formal contractors for work, labor, services,
supplies, equipment and materials to which the Borough may be a party.
2.
Be the depository for and the custodian of all performance bonds
running to the Borough as obligee, or any other form of security given
by a 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 Council annually, at such times 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.
i.
Administrative Rules and Regulations; Filing and Publication. The
Borough Clerk shall maintain a current compilation of all rules and
regulations, which shall be available for the public inspection in
his office during business hours. No rule or general regulation made
by a department, officer, agency or authority of the Borough, unless
it relates to the organization or internal management of the municipal
government or a part thereof, shall take effect until it is filed
with the Clerk.
j.
Perform such other duties as are now or hereafter imposed by Statute,
regulation or ordinance.
[New]
There shall be a Borough Administrator to assist the Mayor and
Council, whose function shall be to provide a liaison between the
Borough Council and the various departments, bodies and other officials
of the Borough of Haworth under the supervision and control of the
Mayor and Council and to fulfill such other duties as shall be specifically
assigned by the Mayor and Council.
[New]
The Borough Administrator shall be appointed by the Mayor with
advice and consent of the Borough Council and shall serve at the pleasure
of the Governing Body.
[New]
The Borough Administrator shall be appointed on the basis of
executive and administrative abilities and qualifications with special
regard to training and experience in government affairs, as set forth
by the Mayor and Council.
[New; Ord. No. 2015-01]
The duties of the Borough Administrator shall be such that they
shall not infringe upon the duties, rights and powers of other Borough
officers designated by Statute or by Borough Ordinance. The Borough
Administrator shall be responsible to the Mayor and Council for the
proper and efficient administration of the Borough affairs.
[New]
In accordance with N.J.S.A. 40A:9-139 there is hereby created
by the Borough of Haworth the position of Borough Attorney.
[1984 Code § 2-14.1]
The Borough Attorney shall be a duly licensed Attorney-at-Law
of the State of New Jersey.
[1984 Code § 2-14.1]
The Borough Attorney shall be appointed by the Mayor with the
advice and consent of the Borough Council, and shall hold such position
for a term of one year from January 1 of the year in which the appointment
is made.
[1984 Code § 2-14.2]
The Attorney shall give all legal counsel and advice required
by the Council or any member thereof and shall in general serve as
the legal advisor to the Governing Body on all matters of Borough
business. He shall represent the Borough in all judicial and administrative
proceedings in which the Borough or any of its officers or agencies
may be a party or have an interest. In furtherance of his general
powers and duties, but without limiting them, the 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.
Conduct appeals from orders, decisions or judgments affecting any
interest of the Borough;
c.
With the approval of the Borough Council, compromise or settle litigation
in which the Borough is involved;
d.
Render written opinions upon questions of law submitted to him by
the Governing Body or any member thereof with respect to their official
powers and duties;
e.
Supervise and direct the work of additional attorneys and technical
and professional assistances which the Governing Body may authorize
for special or regular employment in or for the Borough.
[New]
The Borough Attorney shall be paid in accordance with the current
agreement.
[New]
The position of Prosecutor is hereby established in the Borough
of Haworth.
[New]
The Prosecutor shall be a duly licensed Attorney-at-Law of the
State of New Jersey.
[New]
The Prosecutor shall be appointed by the Mayor with the advice
and consent of the Borough Council for a term of one year effective
January 1 of each year and until December 31 of the same year and
until the appointment and qualification of his successor.
[New]
The Prosecutor shall be paid an annual salary as provided in
the Salary Ordinance and such other reasonable compensation for additional
services performed only if authorization of the Borough Council is
first secured.
[New]
The Prosecutor shall, under the direction of the Mayor and Council,
represent the Borough in the Municipal Court of the Borough of Haworth.
The Prosecutor shall exercise such powers and duties as are
assigned to such office by the Statutes of New Jersey and such other
authority as may be assigned by the Borough Council.
[New]
The Municipal Public Defender shall be appointed by the Mayor
with the advice, and consent of the Council. The Municipal Public
Defender shall serve for a term of one year from the date of his/her
appointment and until his/her successor is appointed and qualified.
The appointment shall be made at the annual reorganization meeting
in January of each year. If a vacancy occurs during the course of
the year, the appointment shall be for the balance of the unexpired
year.
[New]
The Public Defender shall represent any individual, who upon
determination by the Municipal Judge, is either indigent or financially
unable to afford an attorney. The Public Defender works under the
Rules and Regulations of the Attorney General's Office.
[New]
The salary of the Public Defender shall be the annual salary
as established by the Borough Salary Ordinance.
[New]
The Borough of Haworth may require a person applying for representation
by the Municipal Public Defender to pay an application fee of not
more than $200. The Municipal Court may waive any required application
fee, in whole or in part, if the court determines, in its discretion,
that the application fee represents an unreasonable burden on the
person seeking representation.
[1984 Code § 2-15.1; Ord. No. 2015-03]
There shall be a Borough Engineer who shall be appointed by
the Mayor with the advice and consent of the Borough Council for a
term of one year. The Borough Engineer shall receive such compensation
as may be agreed upon and determined by the Council. He shall be a
duly licensed professional engineer of the State of New Jersey.
[1984 Code § 2-15]
The Borough Engineer shall perform the duties prescribed by
general law and ordinance, and in addition shall:
a.
Prepare or cause to be prepared plans, designs and specifications
for public works and improvements undertaken by the Borough, either
on force account or by public contract.
b.
Provide and maintain surveys, maps, plans, specifications and control
records with respect to public works and facilities owned or operated
by the Borough.
c.
Prove technical and engineering advice and assistance to other Borough
departments as needed.
d.
Upon the termination of his service with the Borough, he shall surrender
all papers, documents, memoranda, reports and other materials relating
to the administration of his engineering duties.
[Added 5-9-2023 by Ord. No. 23-08]
There shall be a Deputy Borough Clerk appointed by the Mayor
with the advice and consent of the Borough Council. The term of office
of the Deputy Borough Clerk shall be one year which shall run from
January 1 in the year in which the Clerk was appointed.
[Added 5-9-2023 by Ord. No. 23-08]
The Deputy Borough Clerk shall receive such compensation as
shall be fixed by the General Salary Ordinance of the Borough.
[Added 5-9-2023 by Ord. No. 23-08]
The Deputy Borough Clerk shall:
a.
During
the absence or disability of the Borough Clerk, the Deputy Borough
Clerk shall have all the powers of the Borough Clerk and shall perform
the functions and duties of such office.
b.
The Deputy
Borough Clerk shall perform such other functions and duties as shall
be assigned by the Borough Clerk or by the Mayor and Council as the
case may be.
[Added 8-29-2023 by Ord.
No. 23-16]
There is hereby created the unsalaried position of Borough Historian
who shall be appointed by the Mayor with the advice and consent of
the Borough Council. The term of office of the Borough Historian shall
be one year which shall run from January 1 in the year in which the
Borough Historian was appointed.
[Added 8-29-2023 by Ord.
No. 23-16]
The duties and responsibilities of the Borough Historian are
as follows:
a.
Research and Writing. The primary responsibility of the Haworth Historian
is interpreting and promoting Haworth history. This involves researching
and writing about aspects of Haworth's history and promoting
that history through social media posts, displays in the Mary Lou
Cundall Boyd Local History Room, videos, and other means as appropriate.
b.
Teaching and Public Presentations. The Historian may serve as a resource
for teachers in the Haworth Public School, may speak and lecture to
local community groups and may respond to historical questions raised
by residents, visitors, the media, and others.
c.
Historic Preservation. The Haworth Historian is an advocate for historic
preservation and a resource for the Borough on questions relating
to town history. The Historian will also work to preserve documents,
photographs, artifacts, and other material that relate to Haworth
history.
d.
Establishment of a Historical Affairs Committee and/or a Haworth
Historical Society. The Haworth Historian may create and lead a Historical
Affairs Committee or a Haworth Historical Society, subject to the
approval of the Mayor and Council.
