[R.O. 1966 § 2:3-1]
The Council shall appoint a Clerk who shall be known as the
City Clerk and who shall, prior to his/her appointment, have been
qualified by training to perform the duties of the office. The City
Clerk shall serve for a term of three years from the date of his/her
appointment.
[R.O. 1966 § 2:3-2]
The City Clerk shall:
a.
Serve as Clerk of the Council, by virtue of his/her office, and keep
its minutes and records of its proceedings in appropriate books to
be kept in his/her office;
b.
Maintain and compile the ordinances and resolutions of the City as
required by the Charter and General Law;
c.
Have custody and safely keep the seal of the City and all records
and documents, reports, papers and maps required to be filed in his/her
office;
d.
Perform such other duties and functions as may be provided by the
Charter, General Law, these Revised General Ordinances and other ordinances
of the City.
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CROSS REFERENCE: For other duties and functions of the City
Clerk, see Index to these Revised General Ordinances.
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[1]
Editor's Note: Pursuant to N.J.S. 54:5-18.1 et seq., the Council
by resolution has designated the City Clerk as the official to make
and certify the official searches as to municipal improvements authorized
by ordinance but not assessed.
[R.O. 1966 § 2:3-3]
The City Clerk shall cause the City Seal to be affixed to instruments
and writings when authorized by any ordinance or resolution or when
necessary to exemplify any document or record in his/her office, or
to certify any act or paper, which, from the records in his/her office,
shall appear to have been a public act of the City or a public document.
He/she shall not affix the seal, or cause or permit it to be affixed
to any instrument or writing or other paper, except as provided in
this section, unless required by Charter or General Law.
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CROSS REFERENCE: The City Seal is described in Section 1:1-8 of these Revised General Ordinances.
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[R.O. 1966 § 2:3-4]
a.
The City Clerk shall cause all the ordinances and resolutions passed
by the Council to be recorded in bound books to be provided for that
purpose and each ordinance and resolution shall be signed by the presiding
officer of the Council and the City Clerk. The City Clerk shall certify
the proof of the due publication of each ordinance, but his omission
to certify such ordinance or proof of publication thereof, as hereby
directed, shall not impair or affect the validity in any respect.
b.
The City Clerk shall prepare a copy of all ordinances or proposed
ordinances which will require publication under the Charter or General
Law, and cause the same, properly attested, to be published in any
newspaper legally qualified for the publication of official City advertisements,
and shall file in his/her office the requisite proofs of such publication.
c.
Certified copies of all ordinances and resolutions shall forthwith
be distributed to the Department of Law and to all other Departments
of the City that will be affected thereby.
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CROSS REFERENCE: For Council rule relating to the passage of
ordinances and resolutions, see Rule XXII.
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[R.O. 1966 § 2:3-5]
By the close of each year, the City Clerk shall, with the advice
and assistance of the Corporation Counsel, or special Counsel as per
N.J.S. 40:49-4, bind, compile and codify all of the orders, rules
and regulations of the Council of a permanent character which then
remain in force and effect together with a proper index, which shall
be known as the Revised General Ordinances. The City Clerk may arrange
for the printing and sale of such Code in the same manner as heretofore
provided for the printing and sale of the Revised General Ordinances.
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CROSS REFERENCE: For other requirements relating to rules and regulations, see Section 2:4-2. Reference to State Statutes, see N.J.S. 40:49-4.
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[R.O. 1966 § 2:3-6]
a.
The City Clerk shall issue notices to the respective members of the
Council and to all other persons whose attendance may be required
at any regular meeting, conference or Hearing of Citizens of the Council.
The notice of any regular meeting shall be in accordance with a schedule
which the City Clerk shall prepare on or before the 1st day of January
of each year for the ensuing year.
b.
Whenever practicable, the City Clerk shall, whenever a special meeting
of the Council is called in accordance with law, issue and cause notices
thereof to be served upon the members of the Council and any other
persons whose presence may be required.
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CROSS REFERENCE: For rules of procedure concerning the scheduling
of regular Council Meetings and the giving of notice of special meetings,
see Rules III and IV.
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[R.O. 1966 § 2:3-7]
All matters acted upon by the Council at any duly called meeting
which, in the opinion of the Council, require further action, shall
be officially communicated by the City Clerk to the officer, employee,
board, body, commission or other agency of the City for whatever action
is to be taken by such officer, employee, board, body, commission
or other agency. Whatever action is taken in accordance with the direction
of the Council shall then be communicated to the City Clerk, unless
otherwise directed, for presentation to and information of the Council.
Such action shall become a part of the agenda for the next meeting
or until removed from the agenda by the Council.
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CROSS REFERENCE: For rule of procedure dealing with the agenda
for Council meetings, see Rule V.
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[R.O. 1966 § 2:3-8; repealed 5-24-2023 by Ord. No. 6PSF-A, 05-24-2023]
Editor's Note: Marriage License application fees may found at § 2:13-9.
[R.O. 1966 § 2:3-9]
The City Clerk shall charge and receive for the use of the City
such fees for searches, transcripts and certifications as shall be
authorized by law, ordinance or resolution of the Council.
[R.O. 1966 C.S. § 2:3-12-2:3-14]
a.
Necessity.
1.
It is the desire of the Newark Municipal Council to improve the delivery
of Municipal services to the citizens of Newark through efficient
and economic use of Federal, State, and private grant funds received
by the City, as well as its Municipal resources; and
2.
In the interest of such improvement the Municipal Council must ascertain
compliance with the prompt and effective execution of its ordinances,
resolutions, motions, and such other official action as it takes;
and
3.
It is the official policy of the Municipal Council that ascertainment
of compliance with its official actions can be effectuated by establishing
a professional team which shall monitor and evaluate the administration
of City Government at the direction of the Municipal Council.
b.
Establishment of Program Audit and Evaluation Team; Duties. There
is hereby established in the Office of the City Clerk a Program Audit
and Evaluation Team which shall perform the following duties at the
direction of the Municipal Council:
1.
Provide the Municipal Council with requested information relating
to Municipal revenues, expenditures, and fiscal transactions of departments,
divisions, agencies, programs and projects of the City of Newark;
2.
Provide the Municipal Council with requested performance analyses
when and as needed, assist in the conduct of investigations of Departments
of the City of Newark, its divisions, agencies, programs, and projects,
in order to improve the efficiency and productivity of City Government;
3.
To assist the Municipal Council in its determination as to whether
administrative and fiscal functions of City Government have been executed
in accordance with law, regulations or other legal requirements governing
such functions.
c.
Staff. The Municipal Council shall, subject to annual appropriation
in the City budget, employ a professional staff, sufficient in number
and qualifications, as it may deem necessary, to fulfill the duties
of the Program Audit and Evaluation team as hereinabove described
in this section.
[Ord. 6 S+FG, 11-17-1986; Ord. 6PSF-H, 10-16-2019]
a.
Within three working days after the signing of an Executive Order
by the Mayor, the Director of Personnel shall file the Executive Order
with the Office of the City Clerk.
b.
Within five working days after receiving an Executive Order, the
City Clerk shall arrange for the public advertisement of the full
content of the Executive Order on the web site of the City of Newark
and/or in the official newspaper of the City of Newark.
c.
This ordinance (Section) shall apply only to every Executive Order
issued by the Mayor and/or his designee involving personnel matters
except those Executive Orders regarding Leaves of Absence.
d.
The public advertisement of Executive Orders which change the salary
or compensation of any employees shall, in addition to the content
of the Executive Order set forth the existing salary or compensation
of the position or title immediately prior to the issuance of the
Executive Order and an amount accurately representing the increase
in salary or compensation.
e.
The Personnel Division shall supply the information required in paragraph
d to the Office of the City Clerk within 48 hours of the filing of
Executive Orders by the Mayor.
[Ord. 6 S+FI, 8-9-2000 § 2; Ord. 6 PSF-F, 5-20-2015; Ord. 6PSF-K, 5-18-2016]
a.
The President of the Municipal Council shall be responsible for approving
all legislation regarding street dedication and designation ceremonies.
b.
All requests for street dedications and designations shall be forwarded
to the President of the Governing Body for his/her consideration.
c.
All requests for the street dedications shall be limited to individuals
who are deceased.
d.
Ceremonial or honorary street designations (such as an intersection,
or a street corner or naming of a plaza, as opposed to a street dedication
which is a renaming or naming of a street), may be granted for a deceased
person, but shall only be granted for a living person, if that person:
(i) shall be at the time of the passage of the legislation granting
the honor, be at least 80 years of age; and (ii) has been demonstrated,
on a written biography provided, to have made a significant and major
contribution to the City of Newark and its residents impacting the
very fabric of society or general social welfare during their lifetime.
e.
Any request for a street dedication or street designation in an historic
district, shall first be submitted to the Newark Landmarks and Historic
Preservation Commission ("Commission") for review and approval or
disapproval. Such determination shall be final.
[1]
Editor's Note: Ordinance 6 S+FE, 4-6-1994 establishing procedures
for honorary and ceremonial street dedications was repealed by Ord.
6 S+FE, 8-2-1995. Ord. 6 PHS+FI, creating a Residents Hall of Fame,
previously codified herein was repealed in its entirety by Ord. 6
S+FI, 8-9-2000.
[Ord. 6 PSF-D, 5-4-2011 § 1 — 3; Ord. 6PSF-B, 9-21-2016; Ord. 6PSF-A, 7-11-2018; amended 1-8-2020 by Ord. No. 6PSF-B,
01-08-2020]
a.
Public and quasi-public organizations shall file with the Office
of the City Clerk an annual meeting notice of the public body or written
advance notice of at least 48 hours, giving the time, date, location
and to the extent known, the agenda of any regular, special or rescheduled
meeting, which notice shall accurately state whether formal action
may or may not be taken at such meeting; all minutes of meetings on
a monthly basis; and annually a list of the board's or commission's
members, terms of office and all changes in membership, including
original bylaws and all subsequent bylaw changes thereto, within 10
business days of occurrence.
When an emergency meeting is held under the provisions of N.J.S.A.
10:4-9 to deal with matters or urgency and importance and adequate
meeting notice was not provided, written notice of such meeting is
to be provided as soon as possible following the calls of such meeting.
The following is a list of entities subject to this section:
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Newark Housing Authority
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Newark Watershed Conservation and Development Corporation
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Newark Parking Authority
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Newark Public Library
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Newark Museum
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Newark Public Schools District
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Newark Performing Arts Corporation (Symphony Hall)
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HIV Health Services Planning Council
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Newark Downtown Core Redevelopment Corporation
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Invest Newark [IN] (formerly Newark Community Economic Development
Corporation [NCEDC], formerly Brick City Development Corporation [BCDC])
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Newark Landmarks and Historic Preservation Commission
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Insurance Fund Commission
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Employee's Retirement System (Pension Fund)
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Alcoholic Beverage Control Board
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Board of Adjustment
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Central Planning Board
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Rent Control Board
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Taxicab Commission
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Newark Downtown Special Improvement District
[Ord. No. 6PSF-C, 2-20-2013] |
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Ironbound Special Improvement District
[Ord. No. 6PSF-B, 3-6-2013] |
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Mount Prospect Avenue Special Improvement District
[Ord. No. 6 S+FF, 6-20-2007] |
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Newark Workforce Investment Board
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West Ward Special Improvement District
[Ord. No. 6PSF-A, 12-21-2016] |
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Bergen Street, Lyons Avenue and Clinton Avenue (BLC) Special
Improvement District
[Ord. No. 6PSF-B, 4-17-2013] |
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Greater Newark Tourism Improvement District
[Ord. No. 6PSF-H, 6-19-2013] |
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Bloomfield Avenue/Lower Broadway Alliance (BALB)
[Ord. No. 6PSF-H, 7-12-2017] |
b.
Organizations Required to File Annual Financial Statements. The following
public and/or quasi-public organizations shall file with the Office
of the City Clerk copies of all prior year's annual audited certified
financial statements:
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Newark Housing Authority
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Newark Watershed Conservation and Development Corporation
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Newark Parking Authority
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Newark Public Library
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Newark Museum
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Newark Public Schools District
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Newark Performing Arts Corporation (Symphony Hall)
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Newark Downtown Core Redevelopment Corporation
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Invest Newark [IN] (formerly Newark Community Economic Development
Corporation [NCEDC], formerly Brick City Development Corporation [BCDC])
Employees' Retirement System (Pension Fund)
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Newark Downtown Special Improvement District
[Ord. No. 6PSF-C, 2-20-2013] |
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Ironbound Special Improvement District
[Ord. No. 6PSF-B, 3-6-2013] |
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Mount Prospect Avenue Special Improvement District
[Ord. No. 6 S+FF, 6-20-2007] |
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Newark Workforce Investment Board
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West Ward Special Improvement District
[Ord. No. 6PSF-A, 12-21-2016] |
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Bergen Street, Lyons Avenue and Clinton Avenue (BLC) Special
Improvement District
[Ord. No. 6PSF-B, 4-17-2013] |
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Greater Newark Tourism Improvement District
[Ord. No. 6PSF-H, 6-19-2013] |
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Bloomfield Avenue/Lower Broadway Alliance (BALB)
[Ord. No. 6PSF-H, 7-12-2017] |
c.
Failure to Comply. Failure to comply with the provisions of this
section may be grounds to withhold funding by the City of Newark,
except as may be mandated by State or Federal laws.
[Ord. 6 S+FH, 4-3-1991 § 1]
The purpose of this section is:
a.
To establish a "Cable Television Monitoring Office" within the City
Clerk's Office, which shall act as the Municipal Complaint Officer,
pursuant to Section 2:3-4.9 and the City Franchise Agreement. The
Office shall resolve disagreements between franchisee and subscribers,
public users, or private users of cable television in the City of
Newark.
b.
The powers and duties vested in the Office pursuant to this section
shall be subject to the legislative authority of the Council and State
Statute.
[Ord. 6 S+FH, 4-3-1991 § 2]
For the purpose of this ordinance (section), the following terms,
phrases, words and the derivations thereof shall have the meaning
given herein unless the context clearly indicates otherwise.
Shall mean a non-broadcast facility consisting of a set of
transmission paths and associated signals generation, reception, and
control equipment under common ownership and control, that distributes,
or is designed to distribute to subscribers, the signals of one or
more television broadcast stations including any ancillary service
offered by the franchisee.
Shall mean the City of Newark, County of Essex in the State
of New Jersey.
Shall mean the City Clerk of the City of Newark.
Shall mean the Municipal Council of the City of Newark.
Shall mean the Federal agency as presently constituted by
the Communications Act of 1934 (47 U.S.C. 151 et seq.).
Shall mean the natural person, partnership, domestic and
foreign corporation, association, joint venture, or organization of
any kind granted a franchise by the Council under this chapter and
its lawful successor, transferee, or assignee.
Shall mean the Cable Television Monitoring Office established
by this ordinance (section).
Shall mean a member of the general public in the City of
Newark who receives broadcast programming and any ancillary service
distributed by a cable television system and does not further distribute
it.
[Ord. 6 S+FH, 4-3-1991 § 3]
a.
The Office shall be the monitoring agency within the City responsible
for receiving, processing and mediating subscriber complaints, for
the resolution and settlement of complaints and disputes between such
subscribers and the cable television company in accordance with N.J.S.
48:5A-26, N.J.A.C. 14:17-7.1.
1.
In carrying out the mandate contained in paragraph a., the Office
shall have the power per the approval and under the direction of the
City Clerk and legislative authority of the Municipal Council to establish
procedures and methods by which such complaints shall be received,
processed and acted upon pursuant to N.J.S. 48:5A-26 and which are
necessary to effectuate the charge to promote and protect the public
interest in cable television. All rules shall be issued by the Office
in accordance with the Federal Communications Commission, FCC Rules
and Regulations, Section 76.1 et seq., 47 C.F.R. 419 et seq. (1972)
as amended, the Federal Cable Communications Policy Act of 1984, the
Cable Television Act, N.J.S. 48:5A-1 et seq., the New Jersey Administrative
Code, Chapter 14, Subchapter 17 and 18, and shall be approved by the
Council.
b.
The Office shall monitor franchisee compliance with the provisions
of local, State and Federal law and any cable television franchise
agreement entered into with the City.
c.
The Office shall conduct periodic evaluations of the cable system
with the cooperation of the franchisee, pursuant thereto, make recommendations
through the City Clerk to the Council for amendments to this ordinance
(section) or to the franchise agreement.
d.
Annual Report.
1.
The Office shall submit an annual report to the Municipal Clerk which
shall include, but need not be limited to the following:
(a)
An account of franchise fees received and distributed.
(b)
A report on franchisee compliance with this ordinance (section)
and any franchise agreement entered into with the City.
(c)
A summary of the franchisee's responsiveness to customer service
problems and inquiries and their resolution.
(1)
A Data Log shall be maintained by the Office listing every subscriber
complaint and the disposition thereof. The log shall be documented
in a monthly summary report and available for inspection in the Office
of the City Clerk.
(d)
Documentation of the franchisees Affirmative Action hiring practices
by job category and the number of City residents employed.
2.
An annual report shall be published by the City Clerk and made available
for public inspection in the Office of the City Clerk.
[Ord. 6 S+FH, 4-3-1991 § 4]
Within the Office there shall be a compliance officer who shall
have the general duties of maintaining the office, including scheduling
matters before the Office, maintaining records, and such other duties
as may be assigned to him or her by the Municipal Clerk, or as may
be required by law.
[Ord. 6 S+FH, 4-3-1991 § 5]
The Cable Television Monitoring Office is located at 920 Broad
Street, Newark, New Jersey 07102. The Office shall operate during
the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, except
municipal holidays. The Office shall have a publicly listed telephone
number.
[Ord. 6 S+FH, 4-3-1991 § 6]
a.
The Cable Television Company shall provide to each subscriber at
the time of his becoming a subscriber and at least quarterly in each
calendar year thereafter while he remains a subscriber the following:
[Ord. 6 S+FH, 4-3-1991 § 7]
If any section, subsection, sentence, clause, phrase or portion
of this ordinance (section) is for any reason declared invalid or
unconstitutional, in whole or in part, by any Court of Federal law
or State agency of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions hereof.
It is understood that should any State or Federal agency or
body modify, change or alter any of its provisions with respect to
cable television generally, such modifications, changes or alterations
shall be incorporated into this consent with the applicable dates
specified in the change.
[Ord. 6 S+FH, 4-3-1991 § 9]
The headings contained in this ordinance (section) are to facilitate
reference only, do not form a part of this ordinance (section), and
shall not in any way affect the construction of interpretation hereof.
[Ord. 6 S+FH, 4-3-1991 § 10]
This ordinance (section) shall be deemed to be executed in the
City of Newark, State of New Jersey, regardless of the domicile of
the Cable Company, and shall be governed by and construed and in accordance
with the laws of the State of New Jersey, the Administrative Code
of the Office of Cable Television, the Federal Government and the
FCC.
[R.O. 1966 C.S. § 2:3-2.1]
The position of Deputy City Clerk, in the Office of the City
Clerk, at an annual salary to be fixed by ordinance of the Municipal
Council, is hereby created.
[R.O. 1966 C.S. § 2:3-2.1(b)]
[R.O. 1966 C.S. § 2:3-2(c)]
a.
The Deputy City Clerk shall perform all such duties as may be directed
or prescribed by the Municipal Council and the City Clerk, but the
duties of the Deputy City Clerk shall not include any of the duties
of the executive or administrative branches of the municipal government
as provided for by law and the duties of the Deputy City Clerk shall
not include any of the ordained or statutory duties of the City Clerk
with the exception of those duties that the City Clerk may, from time
to time, assign to the Deputy City Clerk.
b.
The Deputy City Clerk shall have all the powers and shall perform
all the duties of the City Clerk during such times and for such specific
periods as the City Clerk shall be absent.
[R.O. 1966 C.S. § 2:3-2(e)]
The hereinabove created position is to be considered as in the
managerial or exempt class of positions with no standard hours of
work. The incumbent employed in this position shall be responsible
for the completion of his/her assigned duties and shall not be entitled
to overtime compensation or to any accumulation of compensatory time.
Only where necessary for the determination of vacation or sick pay,
or as necessary to meet the requirements of a computerized payroll
system the hereinabove noted position may be considered on the basis
of a 37 1/2 hour work week.
[R.O. 1966 § 2:3-11(a)]
The position of Chief Analyst, Office of the City Clerk, at
an annual salary to be fixed by ordinance of the Council is hereby
continued.
[R.O. 1966 § 2:3-11]
a.
The Chief Analyst shall, prior to his/her appointment, be qualified
by training and experience in governmental budgeting and work progress
and have an understanding and working knowledge of the concepts of
capital planning.
b.
Duties of the Chief Analyst shall be: investigation and analysis
in matters of budget, ordinances, resolutions and financial affairs
of the Municipal Government of the City, analysis of legislation and
such other duties in other matters in which the City Clerk may require
technical and advisory assistance.
c.
The Chief Analyst shall perform such other duties as may be required
by the City Clerk, but the duties of the Chief Analyst shall not include
any of the duties of the executive or administrative branches of the
government as provided for by the Charter and ordinances.
