SENATE COMMUNITY AFFAIRS COMMITTEE

STATEMENT TO

[First Reprint]

ASSEMBLY, No. 824

with committee amendments

STATE OF NEW JERSEY

DATED: JUNE 3, 1996

      The Senate Community Affairs Committee reports favorably and with committee amendments Assembly, No. 824 (1R).

      As amended by the committee, this bill would require an individual to hold a registered municipal clerk certificate as a condition of appointment or reappointment as a municipal clerk as of January 1 following the third anniversary of the date this bill takes effect.

      The bill would authorize a municipal governing body to appoint a person who does not hold a registered municipal clerk certificate to serve as the acting municipal clerk for a one-year term. An acting municipal clerk would be allowed to serve up to two additional one-year terms, subject to the approval of the director of the Division of Local Government Services. A local unit would not be permitted to fill the position of acting municipal clerk for more than three consecutive terms. Under current law, an acting clerk may serve only a six month term.

      Section 3 of the bill would clarify the education requirement that an applicant must satisfy in order to sit for the certification examination. It provides that an applicant must submit proof of completion of two years of education at a college of recognized standing and that one year of college is equivalent to 30 college credits. This section of the bill would also allow an applicant who does not meet the higher education requirement to substitute on a year for year basis full-time or the equivalent part-time experience in a position as deputy municipal clerk, assistant municipal clerk, or other position of county or municipal government which requires performance of duties relative to those performed by a municipal clerk. Current law only allows an applicant to substitute full-time experience in federal, State or local government in the performance of duties relative to those performed by a municipal clerk for the higher education requirement.

      Section 3 of the bill would also provide that an individual applying to sit for the examination on or after January 1, 1997 would have to complete a course in Municipal Finance Administration for Municipal Clerks rather than the course in Municipal Finance Administration which is the current prerequisite.

      The bill would raise the cost of both the application fee and the certification fee from $25 to $50.

      Section 5 of the bill would require that a complaint for the removal of a municipal clerk must be filed with the director of the Division of Local Government Services and that a certified copy of the complaint must be served upon the person charged.

      The bill would specify that a tenured municipal clerk may be removed from office for the failure of the clerk to comply with the continuing education requirements.

      Section 7 of the bill would require all tenured municipal clerks who do not hold certificates to apply to the director for a registered municipal clerk certificate within six months after this bill is enacted into law. Upon verification of the applicant's tenured status, the director must issue a registered municipal clerk certificate marked as restricted to the municipality employing the municipal clerk. A municipal clerk holding such a certificate shall then be subject to all the provisions of this bill.

      Section 8 of the bill provides that commencing July 1, 1996 all registered municipal clerk certificates shall be renewed for a two-year period upon application and verification that the continuing education requirement has been satisfied. All certificates issued prior to July 1, 1996 will expire on June 30, 1998 and all certificates issued on or after July 1, 1996 will expire two years from the date on which the certificate was originally issued.

      Section 10 of the bill would clarify that municipalities are not required to pay any of the costs an individual may incur in obtaining or renewing a registered municipal clerk certificate unless the municipal governing body determines to do so by resolution. This may be satisfied by an annual resolution, a bill payment resolution, or any other mechanism deemed appropriate by the governing body.

      The committee amended the bill to delete a provision that would have subjected members of a governing body to a personal penalty of $25 a day for violating procedural requirements concerning municipal clerks such as: failure or refusal to appoint a municipal clerk; appointment or reappointment of a person as municipal clerk who does not hold a registered municipal clerk certificate; and allowing a person to fill the position of acting municipal clerk for more than three consecutive years.

      The committee also amended the bill to delete a provision that would have required payment of a $50 fee for renewal of a registered municipal clerk certificate.

      The committee amendments also specify that municipalities are not required to pay any of the costs of obtaining or renewing a registered municipal clerk certificate unless the municipal governing body determines to do so by resolution.