[HISTORY: Adopted by the Mayor and Council
of the Borough of South River as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-2-2007 by Ord. No. 2007-11]
The purpose of this article is to foster the
openness of government and provide citizens with the information concerning
the various appointed Borough positions which exist within South River.
The article further provides for a procedure whereby a citizen can
indicate his/her desire to serve in a particular appointed position.
Finally, the article provides for a notification process so that those
citizens who have indicated a desire to hold a position will be notified
when that position is under consideration for appointment.
The following terms as used in this article
shall have the meaning set forth below unless the context within which
the term is used clearly provides for a difference meaning:
Any appointed position within the Borough of South River
which is created either by statutory law or by ordinance or resolution.
Examples of such positions are Municipal Historian, member of any
board, commission, agency, council or committee of the municipality.
The official or body which by virtue of statutory law or
by ordinance or resolution is given the authority to appoint a person
to hold a particular appointed Borough position.
The Borough Administrator/Clerk shall cause
a register of appointed Borough positions to be prepared and maintained.
Such a register shall be made available on the Borough's Web site
and at the Municipal Building and shall set forth at least the following:
A.
Title of each appointed Borough position.
B.
Brief description of the position's powers and duties.
C.
Any special credentials or qualifications required
to hold the position.
D.
The length of term for the position.
E.
The name of the person currently holding the position,
the expiration date of his or her term, and the number of vacant seats
on the board or commission.
F.
The dates/times and frequency of any meetings which
the holder of the position must attend.
The Borough Administrator/Clerk shall maintain
a current updated listing of all existing vacancies for each appointed
Borough position within the municipality. Such a list shall be made
available free of charge at the Municipal Clerk's office and shall,
in addition, be posted by the Borough Clerk on a bulletin board maintained
for public announcements in the Borough Building.
Unless essential for the proper functioning and/or carrying on of business of the local agency upon which the vacancy has occurred, a vacancy shall not be filled for a period of 60 days from its posting in order to allow interested persons time to submit applications as provided in § 23-6 below.
The Borough Clerk shall maintain an application
form to be completed by any person interested in serving in an appointed
Borough position. Such application shall, at a minimum, contain the
following information:
Any person interested in serving in an appointed
Borough position may file an application for such position with the
Borough Clerk. Such application(s) may be filed at any time, whether
or not the appointed Borough position sought is vacant. A person may
withdraw his or her application at any time.
The Borough Clerk shall maintain all filed applications
in a file or binder, segregated for each board or commission. Applications
shall be considered void after two years unless renewed by the applicant.
Prior to filling any appointed Borough position,
the appropriate appointing authority shall review each application
filed for that position. The appointing authority shall conduct such
review, investigation, and/or interviews as the appointing authority
deems necessary or advisable, in its discretion. After a decision
is reached to fill a vacant appointed Borough position, the name of
the individual appointed shall be listed by the Borough Clerk on a
bulletin board maintained for public announcements in the Municipal
Building.
[Adopted 3-8-2010 by Ord. No. 2010-4]
The governing body may make such professional appointments as
it deems necessary, including but not limited to a Borough Attorney
and a Borough Engineer. These positions shall be filled by appointment
by the Mayor with the advice and consent of the Council.
A.
Appointment; term; qualifications; compensation.
(1)
The Borough Attorney shall be appointed by the Mayor, with the advice
and consent of the Council, at the annual organizational meeting in
January of each year and shall serve for a term of one year from the
first day of January of the year of his/her appointment and until
his/her successor has been appointed and qualified.
(2)
The Borough Attorney shall be an attorney at law of the State of
New Jersey but need not be a resident of the Borough.
(3)
The Borough Attorney shall receive a retainer for attendance at Council
meetings and for the preparation of usual and routine resolutions
and shall receive such additional compensation as shall be provided
from time to time from additional services required.
B.
Powers and duties. The Attorney shall have such powers and perform
such duties as are provided for the office of municipal attorney by
general law or ordinances of the Borough. He/she shall represent the
Borough in all judicial and administrative proceedings in which the
municipality or any of its officers or agencies may be a party or
have an interest. He/she shall give all legal counsel and advice where
required by the Council or any member thereof and shall, in general,
serve as the legal adviser to the Council on all matters of Borough
business. In furtherance of such general powers and duties, but without
limitation thereof, the Borough Attorney shall:
(1)
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 municipality.
(2)
With the approval of Council, conduct such appeals from orders, decisions
or judgments affecting any interest of the Borough as he/she may,
in his/her discretion, determine to be necessary or desirable or as
directed by Council.
(3)
Subject to the approval of the Council, have power to enter into
any agreement, compromise or settlement of any litigation in which
the Borough is involved.
(4)
Render opinions, in writing, upon any question of law submitted to
him/her by the Mayor or Council, or any member thereof, with respect
to its or his/her official powers and duties, and perform such duties
as may be necessary to provide legal counsel to the Council in the
administration of municipal affairs.
(5)
Supervise and direct the work of such additional attorney and technical
and professional assistants as the Council may authorize for special
or regular employment in or for the municipality.
C.
Records and papers. All papers, documents, memoranda, reports and
all other materials relating to the administration of the legal duties
of the Borough Attorney shall be and remain the property of the Borough.
Upon the termination of his/her services with the Borough, the Borough
Attorney shall forthwith surrender to any successor all such property,
together with a written consent to substitution of any successor in
all legal actions and proceedings then pending to which the Borough
is a party.
A.
Appointment; term; qualifications; compensation.
(1)
The Borough Engineer shall be appointed by the Mayor, with the advice
and consent of the Council, at the annual organizational meeting in
January of each year and shall serve for a term of one year from the
first day of January of the year of his/her appointment and until
his/her successor has been appointed and qualified.
(2)
The Borough Engineer shall be a professional engineer duly licensed
by the State of New Jersey but need not be a resident of the Borough.
(3)
The Borough Engineer shall receive a retainer for attendance at Council
meetings and shall be compensated for such additional engineering
services required pursuant to a consulting contract.
B.
Duties. The Engineer shall perform such duties as are prescribed
by general law and ordinance and in addition shall:
(1)
Prepare, or cause to be prepared, plans, designs and specifications
for public works and improvements authorized and undertaken by the
Borough pursuant to a consulting contract.
(2)
Provide, maintain and file with the Borough Clerk surveys, maps,
plans, specifications and control records with respect to public works
and facilities owned or operated by the Borough.
(3)
Provide technical and engineering advice and assistance to other
Borough departments as needed in accordance with a consulting contract.
C.
Records and papers. All papers, documents, memoranda, reports, maps,
surveys, plans and other material relating to the administration of
engineering duties of the Borough Engineer shall be and remain the
property of the Borough. Upon the termination of his/her service with
the Borough, the Engineer shall surrender all such property to his/her
successor.
