There shall be an office of the Township Clerk,
the head of which shall be the Township Clerk. The Township Clerk
shall be appointed by the Council and shall prior to appointment be
qualified by training and experience to perform the duties of the
office. The Clerk shall serve for a term as provided by law and until
a successor has been duly appointed and qualified, except where the
Clerk has, pursuant to law, received tenure. The Clerk shall be compensated
as provided by ordinance.[1]
[1]
The Municipal Clerk has a term of three years
as provided by N.J.S.A. 40A:9-133, et seq. which also establishes
the qualifications and duties of the Municipal Clerk. Under the provisions
of N.J.S.A. 40A:9-133.7, a Municipal Clerk who holds a Registered
Municipal Clerk's Certificate and who is reappointed after having
served not less than three consecutive years immediately prior to
reappointment shall be tenured and shall hold office during good behavior
and efficiency as provided by law.
The Clerk, or such Deputy Clerk as may be designated
by the Clerk and Township Council, shall serve as Clerk of the Township
Council and as secretary of any special committees of the Council.
The Clerk or designated Deputy Clerk shall attend all public meetings
of Council and of such committees when required by the chairman thereof,
and shall keep the minutes of the proceedings of the Council and of
the committees. The minutes of each meeting of the Council shall be
signed by the officer presiding at the meeting and by the Clerk or
designated Deputy Clerk.
A.
The Clerk shall incorporate all ordinances and all
resolutions of a permanent character in books to be provided for that
purpose. After each ordinance the Clerk shall also include the proof
of publication as required by law. Each ordinance and resolution shall
be signed by the Clerk who shall attest that it was duly adopted upon
a date stated, and when so signed shall be deemed to be a public record
of the ordinance or resolution. Any omission by the Clerk to sign
or certify 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 force and effect.
The Clerk shall have custody of and shall safely
keep all records, books and documents of the Township, except those
committed by law to any other office. The Clerk shall, upon request
and upon the payment of the fees prescribed by law or by resolution
of the Council for the use of the Township, furnish a certified copy
of any such paper in his or her custody. All records, books and documents
required to be kept by the Clerk as custodian and all other official
Township records maintained by any other Township official, shall
be maintained at the Township offices.
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 or her office, or to certify any act
or paper which from the records shall appear to have been a public
act of the Township or a public document. The Clerk 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, subject to the supervision of the
Manager, 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 municipality
may be a party.
B.
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.
C.
Have custody of all leases of property owned by the
Township.
D.
Report to the Council and the Manager annually, and
at such time as the Council or the Manager 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.
No rule or general regulation made by any department,
officer, agency or authority of the municipality, except as 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 Township
Clerk. The Clerk shall maintain a current compilation of all such
rules and regulations, which shall be available for public inspection
in the Clerk's office during regular 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 Manager, the Clerk
shall:
A.
Perform all of the functions required of Township
Clerks by the general election law (Title 19 of the Revised Statutes)
and any 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.
Issue certificates as to approvals granted pursuant
to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
D.
Have such other, different and additional functions,
powers and duties as may be prescribed by law or ordinance, or as
may be delegated by the Council or the Manager.
There is hereby created the position of Deputy
Township Clerk in accordance with the authority provided by N.J.S.A.
40A:9-135.
A.
Duties. The Deputy Township Clerk shall work under
the supervision and direction of the Township Clerk and assist the
Township Clerk in the performance of the duties of the Township Clerk
and such other duties as may be assigned by the Clerk or the Council.
The Deputy Township Clerk shall be vested with and perform all of
the duties of the Township Clerk during the absence or disability
of the Township Clerk.
B.
Appointment; term. The Deputy Township Clerk shall
be appointed by the Council, for a term of one year, expiring December
31 of the year of appointment.
