City of Trenton, NJ Article I City Council and City Clerk

§ 2-1 City Council.

A. Organization. The Council shall consist of seven members, three of whom shall be elected at large and four of whom shall be elected by wards, one for each of the four wards in the City which have been established for that purpose. Members of Council shall be elected for a term of four years at a regular municipal election, the term to commence on the first day of July next following their election pursuant to the Charter.

B. Vacancies.

(1) Pursuant to the Charter, vacancies in any elective office occurring prior to the ninth Friday before the general election day of any year shall be filled by election for the unexpired term at the next general election except as hereinafter otherwise provided. Such election to fill a vacancy shall be upon direct nomination by petition in the manner provided by law for the filling of vacancies in municipal offices where candidates are nominated by direct petition for a general election. Council shall fill such vacancies temporarily by appointment to serve until the qualification of a person so elected.

(2) When any such vacancy occurs on or after the ninth Friday before general election day, it shall be filled by election for the unexpired term at the general election to be held in the following year, but if it occurs on or after such Friday in the third year of the term of such office, the Council shall fill the vacancy by appointment to serve for the remainder of the term.

C. Powers of Council. The legislative power of the City shall be exercised by the Council except as otherwise provided by general law. Pursuant to the Charter the Council may, in its discretion, require any city office to prepare and submit statements regarding his/her official duties and the performance thereof, and the Council may otherwise investigate the conduct of any department, office or agency of the City government.

D. Compensation. The compensation of each member of City Council shall be $20,000 per annum; provided, however, that the President of City Council shall be paid an additional $1,500 per annum.

[Amended 9-4-2003 by Ord. No. 03-102; 2-5-2004 by Ord. No. 04-6]

E. Any elected member of City Council shall be required to attend a minimum of 2.0 hours of state-approved educational credits per calendar year that such officials are in office.

[Added 5-16-2019 by Ord. No. 19-28]

F. Election date.

[Added 9-17-2020 by Ord. No. 20-51[1]]

(1) The City of Trenton shall conduct its nonpartisan regular municipal election on the day of the general election starting the first Tuesday after the first Monday in November in the year 2022 and every four years thereafter.

(2) Officials elected by the voters of the City of Trenton at the regular municipal election held in May of 2018, or the runoff election held in June of 2018 shall serve for a term of four years beginning the first day of July next following his/her election and shall continue to serve until December 31, 2022, pursuant to N.J.S.A. 40:45-7.1c.

(3) Officials elected by the voters of the City of Trenton at the regular municipal election held on the first Tuesday after the first Monday in November of 2022, and every four years thereafter, shall serve for a term of four years beginning on the first day of January next following his/her election.

[1] Editor's Note: This ordinance was vetoed by the Mayor following its adoption and was reconsidered and passed by Council 10-1-2020.

§ 2-2 City Clerk.

A. Appointment. The Council shall appoint a City Clerk for the term prescribed by law. Prior to his/her appointment, (s)he shall have been qualified by training and experience to perform the duties of his/her office. The Clerk shall serve as Clerk of the Council and have such other functions, powers and duties as are provided by this chapter.

B. Compensation. The salary range for the City Clerk shall be as set by ordinance.

C. Clerk of City Council and committees. The Clerk shall serve as Clerk of the Council and as secretary of any special legislative committees of the Council appointed pursuant to the Charter. The Clerk shall attend all meetings of the Council and of any such committee when required by the Chairperson thereof, and shall keep the minutes of the proceedings of the Council and of such committees. The minutes of each meeting of the Council shall be signed by the officer presiding at the meeting and by the Clerk.

D. Ordinances and resolutions.

(1) The Clerk shall record all ordinances and all resolutions of a permanent character in books to be provided for that purpose. After each ordinance (s)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 Council president 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 Council President to record, sign or certify as herein required shall not impair or affect the validity of any ordinance which has been duly adopted.

(2) At the close of each year the Clerk, with the advice and assistance of the City 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 also properly index the record books, compilation or codification of ordinances and resolutions.

E. Custodian of records. The Clerk shall have custody of, and shall safely keep, all records, books and documents of the City, except those committed by Charter or ordinance to any other office. The Clerk shall, upon request and upon the payment of the fees prescribed therefor by resolution of the Council for the use of the City, furnish a certified copy of any such paper in his/her custody, under the Corporate Seal of the City.

F. Corporate Seal. The Clerk shall cause the Corporate Seal of the City 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/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. 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.

G. Insurance, surety bonds and contracts. The Clerk, subject to the supervision of the City Council, shall:

(1) Be the depository and custodian of all official surety bonds furnished by or on account of any officer or employee, except his/her 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 City 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 City may be a party.

(2) Be the depository for and have custody of all performance bonds running to the City 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 City.

(3) Have custody of all leases of property owned by the City.

(4) Report to the City Council annually, at such 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 dates.

H. Administrative rules and regulations; filing and publication. No rule or general regulation made by any department, officer, agency or authority of the City, except as relates to the organization or internal management of the City government or a part thereof, shall take effect until it is filed with the City Clerk. The Clerk shall maintain a current compilation of all rules and regulations which shall be available for public inspection in his/her office during business hours.

I. Other laws and ordinances. In addition to such other functions, powers and duties as may be prescribed by the Charter and ordinances, subject to the supervision and direction of the City Council, the Clerk shall:

(1) Perform all functions required of City Clerks by the General Election Law (Title 19 of the Revised Statutes) and any other law or ordinance.

(2) Administer the provisions of city 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.

(3) Issue certificates as to approval of land subdivisions by the Planning Board or Council, pursuant to N.J.S.A. 40:55D-1 et seq.

(4) Keep the minutes of the local public agency.

(5) Collect fees, as set forth in this Code.

(6) Have such other, different and additional functions, powers and duties as may be prescribed by law or ordinance or delegated to him/her by City Council.

§ 2-3 Assistant City Clerk; other personnel.

There shall be an Assistant City Clerk who shall perform the duties of the City Clerk in the absence or upon direction of the Clerk, and there shall be such other personnel in the office of the City Clerk as authorized by ordinance.