Chapter 2- Office of the Municipal Clerk

Question 1

Appointment /Term of Office (NJSA 40A:9-133.1)

Answer 1

1. Municipal Clerk MUST HOLD A REGISTERED MUNICIPAL CLERK CERTIFICATE
2. Within 90 days of Vacancy in the office of the MC by reason of the departure of a registered MC, the Governing Body may appoint a person who does not hold a registered MC certificate to serve as Acting Municipal Clerk for a period not to exceed 1 year commencing the date of vacancy. Any person so appointed, may, with the approval of the DLGS, be appointing as Actng Municipal Clerk for a period of 2 subsequent 1 year terms following the termination of the temporary appointment. No local unit shall fill the position of the MC for more than 3 consecutive years.

Time served as Acting Municipal Clerk may be creditied toward the experience authorized as a substitue for the college education requirement pursuant to section 2 of PL 1985, c 174 (C 40A:9-133.2), but may not be credited toward tenure.

Time as tenure begins on the actual date of appointment as registered MC

Question 2

What happens in the event of a vacancy in the office of the MC

Answer 2

1. An appointment is made for a new term and not for the unexpired term
2. W/in 90 days of the vacancy, the governing body may appoint a non RMC as Acting clerk for 1 year term.
   a. The person may be appointed for two additional 1 year terms with permission from DLGS. Person appointed must complete a questionnaire from the DLGS submitted with the letter from the Governing Body for the Director’s review. No approvals for temporary positions will be granted without provision of these 2 documents.
3. Time served as Acting Clerk may not be credited as time served as Municipal Clerk for the purpose of tenure.
4. A person holding an RMC cannot be an Acting Clerk.
5. If a Governing Body fails or refuses to comply with this section, the Director may order the Governing Body to comply by a certain date which shall afford the Governing Body a reasonable time within which to comply.

Question 3

Requirements for appointment as Registered Municipal Clerk & for application to take the exam for certification as RMC

Answer 3

1. At least 21 yrs old
2. Citizen of US
3. of good and moral character
4. Have a high school diploma or an equivalent certificate accepted by the Commissioner of Education
5. Completion of at least 2 yrs of education at a college of recognized study which can be substituted for year-for-year full time experience or equivalent part-time experience in county or local govt performing duties relative to those performed by MC

Question 4

Re-Appointment of RMC

Answer 4

Reappointment of incumbent MC within 60 days of expiration of prior term shall date back to the expiration date of the inital term (for purposes of tenure).

Question 5

Education Requirements for RMC

Answer 5

RMC must show proof of completion of the following courses offered through Rutgers to the Division of Local Services:

Intro to the Duties of the Municipal Clerk
Advanced Duties of the Municipal Clerk
Local Election Administration
Information and Records Management
Municipal Finance Administration for Clerks

Question 6

Certification

Answer 6

1. Director of DLGS conducts exam for cert as RMC
2. All MC certificates are issued pursuant to this statue shall be renewed upon application, payment of the required fee, and verification that the applicant has met the requirements :
   - Renewal shall be for a period of 2 yrs
   - Renewal date shall be thirty days prior to the expiration date
3. Nothing in statute shall be construed as requiring a Governing Body to pay any of the costs an individual may incur in complying with the reuqirements for an RMC certificate

Question 7

Certification Application

Answer 7

Requires:

1. Proof shall be provided on the application forms for the examination in the manner as prescribed by the Director
2. Each application shall be accompanied by a fee of $5 made payable to the $50
3. Upon successful completion of the exam, an RMC certificate shall be issued for $50

Question 8

Recertification

Answer 8

Each RMC will submit:

1. Proof of earning at least 2.0 continuing education units in subject ares related to the statutory duties of the MC and minimum contact hours as prescribed by the Director. A continuing education unit equals 1 contact hours. Contact hours must be:
2. Elections: 2 contact hours
3. Finance: 2 contact hours
4. Licensing: 2 contact hours
5. Professional Development: 2 contact hours
6. Records: 2 contact hours
7. Ethics: 3 contact hours
8. Remaining 7 contact hours can be earned in Information Technology or in any of the above subject areas
9. Payment of $50 to State Treasurer
10. If RMC has lapsed by failing to renew the certificate, a new application and certificate shall be required. If application is made within 6 months of the expiration, the application can be made in the same manner as renewal by the application shall be accompanied by the fee for a new application; provided however that such application may be made in the same manner as a renewal within twelve months of the expiration of the certificate if the Director determines that either of the following circumstances prevents a certificate holder from earning the required continuing education units within 6 months of the expiration of the certificate: a flood, hurricane, superstorm, tornado or other natural disaster and a state of emergency has been declared or in the even of a medical event ofor cndition

Question 9

Continuation f the Office of the Municipal Clerk

Answer 9

An RMC who has served for 3 consecutive year & is reappointed as MC cannot be removed from office except for good cause shown after a fair and impartial hearing by the Director or designee of the DLGS.

-Good cause may include failure of MC to meet the continuing education requirements set forth in the statute

Question 10

Salaries Wages & Compensation

Answer 10

• Determined by ordinance for elective officials, managerial, executive and confidential employees
• Unless Governing Body can show good cause, it cannot deny an increase in salary given to all other municipal officers and employees to the MC, Tax Assessor, CFO, or Tax Collector
• GB cannot decrease the salary of Clerk, Tax Assessor, CFO, or Tax Collector unless a similar reduction is imposed for other municipal officers and employees

Question 11

Revocation or Suspension of RMC

Answer 11

May be revoked by Director for dishonest practices, willful or intentional failure, neglecct or refusal to comply with the Constitution or laws; or other good cause

• Governing Body may request a review by the Director
• No RMC can be revoked without proper hearing by the Director after due notice
• If Cert is revoked, Clerk will be removed from office by the Director, the office declared vacant, and the clerk shall not be eligible to hold that office or make application for new certification for a period of 5 yrs from date of revocation

Question 12

Legal Defense

Answer 12

-GB shall provide for the defense of any action or legal proceeding directly related to the official duties of MC except for criminal proceeding instituted by municipality or a disciplinary proceeding instituted by the municipality

Question 13

Deputy Municipal Clerk

Answer 13

• Position, term of appointment, compensation, power, duties and functions created by ordinance
• Full powers of MC in absence of the clerk
• Not covered by laws pertaining to tenure or salary, wages and compensation for MC
• Municipalities of first class with population more than 240,,000 may appoint 2 deputy clerks

Question 14

Core Duties of MC

Answer 14

1. Secretary of the Municipal Corporation
2. Secretary to the Governing Body
3. Chief Administrative officer of all elections
4. Chief Registrar of Votes
5. Administrative Officer
6. Records Coordinator and Manager
7. Other Duties-imposed by state statute and regulations or municipal ordinances or regulations