Township of Ewing, NJ Article III Municipal Clerk

§ 4-14 Appointment.

The Municipal Clerk shall be appointed by the Township Council, in accordance with N.J.S.A. 40A:9-133 et seq., for a term of three years.

A. For the purposes of tenure, the term of the Municipal Clerk shall be deemed to have begun as of the actual date upon which the Municipal Clerk is appointed. In the event of a vacancy in the Office of Municipal Clerk, an appointment shall be made for a new term and not for the unexpired term. A reappointment of an incumbent Municipal Clerk made within 60 days following the expiration of the prior term shall not be considered to be a new appointment, and the effective date of the reappointment shall date back to the date of expiration of the initial term of appointment.

B. The Township Council shall appoint a person to a three-year term as Municipal Clerk within six months after the previous Municipal Clerk has resigned or the office has otherwise become vacant.

C. Should the Office of Municipal Clerk become vacant, the Township Council may appoint a person to serve as Acting Municipal Clerk for a period of not more than six months.

§ 4-15 Powers and duties.

The Municipal Clerk shall:

A. Act as secretary of the municipal corporation and custodian of the Township Seal and of all minutes, books, deeds, bonds, contracts and archival records of the Township.

B. Act as secretary to the Township Council, prepare meeting agendas at the discretion of the Township Council, be present at all meetings of the Township Council, keep a journal of the proceedings of every meeting, retain the original copies of all ordinances and resolutions and record the minutes of every meeting.

C. Serve as the chief administrative officer in all elections held in the Township, subject to the requirements of Title 19 of the Revised Statutes.

D. Serve as chief registrar of voters in the Township, subject to the requirements of Title 19 of the Revised Statutes.

E. Serve as the administrative officer responsible for the acceptance of applications for licenses and permits and the issuance of licenses and permits, except where statute or this Code delegates that responsibility to some other municipal officer.

F. Serve as coordinator and records manager responsible for implementing local archives and records retention programs as mandated pursuant to Title 47 of the Revised Statutes.

G. Until such time as a separate alcoholic beverage control board may be established in the Township pursuant to law, issue such licenses as may be authorized by the Township Council pursuant to Title 33 of the Revised Statutes and Chapter 91, Alcoholic Beverages, of this Code.

H. Account monthly for all fees received by the Office of the Municipal Clerk.

I. Assure that all ordinances and notices of the Township of Ewing are properly posted and advertised.

J. In accordance with N.J.S.A. 40:69A-43(a), prepare and submit to the Business Administrator an annual budget for the Office of the Municipal Clerk, as well as such other periodic budget reports as may be required by the Business Administrator of the administrative departments.

K. Be subject to the same accounting controls, central purchasing practices, personnel procedures and regulations (except as set forth in § 4-17) and central data processing services as are required of the administrative departments.

L. Perform such other duties as are now or hereafter imposed by statute, regulation or by Township resolution or ordinance.

M. In accordance with N.J.A.C. 13:47-1.1, investigate applicants and approve the granting of raffle and bingo licenses to be held in the Township of Ewing pursuant to the provisions of the Bingo Licensing Law (N.J.S.A. 5:8-24 et seq.) as well as the Raffles Licensing Law (N.J.S.A. 5:8-50 et seq.).

[Added 3-28-2017 by Ord. No. 17-09]

§ 4-16 Personnel matters.

All determinations by the Mayor or Business Administrator in connection with the hiring, transfer or termination of personnel in the Municipal Clerk's office shall be made in consultation with the Municipal Clerk, and no such determination shall be communicated to the affected employee or prospective employee unless written notice of the proposed personnel action has been provided to the Township Council and the Council has rejected or failed to act on the proposal within 14 days after said notice.

§ 4-17 Reappointments.

No person shall be reappointed as Municipal Clerk unless that person holds a registered Municipal Clerk certificate issued pursuant to the provisions of N.J.S.A. 40A:9-133.1 et seq.

§ 4-18 Defense and indemnification.

The Township shall provide the Municipal Clerk with the defense and indemnification, to the extent permitted by N.J.S.A. 40A:9-134.1, of any action or legal proceeding arising out of and directly related to the Municipal Clerk's lawful exercise of authority in furtherance of the Clerk's official duties.

§ 4-19 Deputy Municipal Clerk.

A. Appointment. There shall be a Deputy Clerk appointed by the Town Council, for a term of two years, such title to be in the unclassified civil service, at a compensation to be set by Council by ordinance.

B. General duties. The Deputy Clerk shall:

(1) Assist the Municipal Clerk and perform such other functions and duties on a daily basis as may be assigned by the Municipal Clerk.

(2) Have all the powers of the Municipal Clerk and shall perform the functions and duties of such office during the absence or disability of the Municipal Clerk.

C. Reappointment. No person shall be reappointed to the position of Deputy Municipal Clerk unless that person shall have completed and passed all courses specified in N.J.S.A. 40A:9-133.2 to obtain a registered Municipal Clerk certificate.

[Added 9-24-2013 by Ord. No. 13-38]