There shall be an office of the Clerk, the head
of which shall be the Township Clerk. The Township Clerk shall be
appointed by the Mayor with the advice and consent of the Council
and shall, prior to his appointment, be qualified by training and
experience to perform the duties of his office.
The Municipal Clerk shall serve as clerk of
the Council, perform such functions as may be required by law of municipal
clerks generally, and have such other powers and duties as the Council
may prescribe. He shall maintain the records and minutes of the governing
body. The Municipal Clerk shall be qualified by previous training
or experience to perform the duties of his office. He/she shall serve
for such term as is generally provided by law and shall receive such
compensation as shall be provided by ordinance.
A.
The Clerk shall record all ordinances and all resolutions
of a permanent character in books to be provided for that purpose.
After each ordinance he shall also record and certify the proof of
publication thereof as required by law. Each ordinance and resolution
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
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.
At the close of each year, the Clerk, with the advice
and assistance of the Township Attorney, shall bind, compile or codify
all the ordinances and resolutions, or true copies thereof, which
then remain in full force and effect. He shall also properly index
the record books, compilation or codification of ordinances and resolutions.
[Amended 3-16-2022 by Ord. No. 2022-011]
The Clerk shall have custody of and shall safely keep all records,
books and documents of the Township, except those committed by charter
or ordinance to any other office or transferred thereto by the Mayor.
The Clerk shall, upon request and upon the payment of the fees prescribed
therefor by resolution of the Council for the use of the Township,
furnish a certified copy of any such paper in his custody, under the
corporate Seal of the Township.
A.
The Township Clerk shall serve as the Custodian of Records for all
official books, papers and documents of the Township, including all
of its departments and divisions, except for those books, papers,
and documents created and maintained by the Police Department. The
Custodian of Records shall receive all requests for inspection or
copies of the Township's public records and shall fulfill all
duties required under the Open Public Records Act, N.J.S.A. 47:1A-1
et seq., and the common law right of access.
B.
Chief of Police to serve as Deputy Custodian of Records. The Chief
of Police, or his designee, shall serve as the Deputy Custodian of
Records for all official books, papers, and documents of the Police
Department, and shall receive all requests for inspection or copies
of the Police Department's records.
C.
Reports to the Custodian of Records. The Deputy Custodian of Records
shall report to the Custodian of Records periodically, but not less
than once per month, every request for inspection or copies of Police
Department records received, fulfilled, or denied by him.
D.
Salary. Neither the Custodian of Records nor the Deputy Custodian
or Records shall receive any annual salary for performing the duties
set forth in this section.
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 Council or when necessary to exemplify
any document on record in his office, or to certify any act or paper,
which from the records of 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 or writing
or other paper, unless required by law or ordinance.
The Clerk shall perform the duties as Township
improvement searcher, certifying as to liability for assessments for
municipal improvements, collecting and reporting such fees therefor,
as fixed by law.
The Clerk, subject to the supervision of the
Mayor, shall:
A.
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.
B.
Be the depository for and have custody of all performance
bonds running to the Township as oblige, 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. Cash securities
shall be delivered to the Township Treasurer to be deposited in the
appropriate account.
C.
Have custody of all leases of property, deeds, easements
and like instruments for property, owned or held by the Township.
D.
Report to the Council annually, or at such other 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 date.
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 Township 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.
In addition to such other functions, powers
and duties as may be prescribed by the charter and ordinances and
subject to the supervision and direction of the Mayor, the Clerk shall:
A.
Perform all of the functions required of municipal
clerks by the General Election Law (N.J.S.A. 19:1-1 et seq.) and other
law or ordinance.
B.
Administer the provisions of the 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.
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 Council and Mayor.
There may be a Deputy Township Clerk who shall
be appointed by the Mayor with the advice and consent of the Council
and who shall serve at the pleasure of the Council.
