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ORDINANCE #924-06

 ORDINANCE FOR OPEN APPLICATION LAW AND PUBLIC

DIRECTORY OF APPOINTED MUNICIPAL POSITIONS

 SECTION 1-1.1:  Intent and Purpose

The purpose of this Ordinance is to foster the openness of government and provide citizens with information concerning the various Appointed Municipal Positions which exist within the Borough of Sayreville, New Jersey.  The Ordinance further provides for a procedure whereby a citizen can indicate his/her desire to serve in a particular appointed position.  Finally, the Ordinance provides for a notification process so that those citizens who have indicated a desire to hold a position will be notified as to the action that was taken.

 SECTION 1-1.2:  Definitions

The following terms as used in this Ordinance shall have the meaning set forth below unless the context within which the term is used clearly provides for a different meaning:

  1. Appointing Authority – 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 Municipal Position.
  1. Appointed Municipal Position – Any appointed position within the borough, 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.
 SECTION 1-1.3:  Registry of Appointed Municipal Positions

The Municipal Administrator/Clerk shall cause a register of Appointed Municipal Positions to be prepared and maintained.  Such register shall be made available upon request and posted on the Borough’s website and at the Municipal Building and shall set forth at least the following:

  1. Title of each Appointed Municipal Position, as more fully described in the Revised General Ordinances or Municipal Resolution (available upon request and/or on Municipal Web Site).
  1. 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.
SECTION 1-1.4:  Vacancies

The Municipal Administrator/Clerk shall maintain a current updated listing of all existing vacancies for each Appointed Municipal Position within the Borough.  Such list shall be made available free of charge at the Municipal Clerk’s Office and shall, in addition, be posted by the Municipal Clerk on a bulletin board maintained for public announcements in the Municipal Building.

SECTION 1-1.5:  Filling Vacancies

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 ten (10) days from its posting in order to allow interested persons time to submit applications as provided in Section 1-1.6 below.

SECTION 1-1.6:  Applications

The Municipal Clerk shall maintain an application form as well as post the application on the Municipal Web Site and/or all means of public communication.  Said application is to be completed by any person interested in serving in an Appointed Municipal Position. The application shall, at a minimum, contain the following information:

  1. Name
  1. Address
  1. Telephone number
  1. E-Mail address (if applicable)
  1. Appointed Municipal Position sought
  1. Statement of Interest
  1. Signature
SECTION 1-1.7:  Filing Applications

Any person interested in serving in an Appointed Municipal Position may file an application for such position with the Municipal Clerk.  Such application(s) may be filed at any time, whether or not the Appointed Municipal Position sought is vacant.  A person may withdraw his or her application at any time.

 SECTION 1-1.8:  Maintaining Applications

The Municipal Clerk shall maintain all filed applications in a file or binder, segregated for each board or commission.

 SECTION 1-1.9:  Filling Voluntary Municipal Positions

Prior to filling any Appointed Municipal Position, the appropriate Appointing Authority shall review each application filed for that position.  Each person having submitted an application for an Appointed Municipal Position under consideration to be filled shall be notified of said vacancy.  The Appointing Authority shall conduct such review, investigation and/or interviews as the Appointing Authority deems necessary or advisable, in its discretion.

 SECTION 2

All Ordinances and parts of Ordinances inconsistent herewith are hereby repealed.

 SECTION 3:  Severability and Effectiveness Clause

If any sentence, paragraph or section of this ordinance, or the application thereof to any persons or circumstances shall be adjudged by a court of competent jurisdiction to be invalid, or if by legislative action any sentence, paragraph or section of this ordinance shall lose its force and effect, such judgment or action shall not affect, impair or void the remainder of this ordinance.

                                                          /s/ Councilman Rory R. Zach

ATTEST:                                              APPROVED:

/s/ Theresa A. Farbaniec, R.M.C.              /s/ Kennedy O’Brien

 Municipal Clerk                                        Mayor

 APPROVED AS TO FORM:                        

/s/ Brian M. Hak, Borough Attorney          

 
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