New Jersey § 40a:9-133

§ 40a:9-133.

Notwithstanding the provisions of any other law to the contrary, any person who: a. Shall be reappointed municipal clerk subsequent to having received a registered

municipal clerk certificate pursuant to P.L.1985, c. 174 and having served as municipal

clerk or performed the duties of municipal clerk for not less than three consecutive

years immediately prior to such reappointment; or b. Shall have acquired tenure; shall hold office during good behavior and efficiency,

and compliance with the continuing education requirements set forth in section 8 of P.L.1997, c. 279 ( C.40A:9-133.10 ), notwithstanding that such reappointment was for a fixed term of years; and shall

not be removed therefrom for political reasons but only for good cause shown and after

a proper hearing before the director or the director's designee. The removal of a registered municipal clerk shall be only upon a written complaint

setting forth with specificity the charge or charges against the clerk. The complaint shall be filed with the director and a certified copy of the complaint

shall be served upon the person so charged, with notice of a designated hearing date

before the director or the director's designee, which shall be not less than 30 days

nor more than 60 days from the date of service of the complaint. Such date may be extended by the Superior Court for good cause shown upon the application

of either party. The person so charged and the complainant shall have the right to be represented

by counsel and the power to subpoena witnesses and documentary evidence together with

discovery proceedings. The provisions of this section shall apply to every person actually in office as

registered municipal clerk, whether or not in the classified service under Title 11A

of the New Jersey Statutes (Civil Service). For the purposes of this section, the definition of good cause for removal of a municipal

clerk may include the failure of the clerk to meet the continuing education requirements

set forth in section 8 of P.L.1997, c. 279 ( C.40A:9-133.10 ). c. In the case of a shared service agreement between pilot municipalities, a tenured

municipal clerk may be dismissed to effectuate the sharing of a service entered into

pursuant to the provisions of P.L.2007, c. 63 ( C.40A:65-1 et seq. ) and such dismissal shall be deemed to be in the interest of the economy or efficiency

of the participants in the shared service agreement. The removal of a municipal clerk under this subsection shall not require the pilot

municipality to fulfill the requirements of section 7 of P.L.1985, c. 174 ( C.40A:9-133.7 ). Instead, the pilot municipality shall provide the clerk with a written copy of the

shared service agreement entered into by the municipality, and a letter stating that

the position of municipal clerk in the pilot municipality is being eliminated for

reasons of economy or efficiency as the result of the shared service agreement. Any such shared service agreement shall be subject to the provisions of section 4

of P.L.2007, c. 63 ( C.40A:65-4 ) and of section 3 of P.L.2013, c. 166 ( C.40A:65-4.2 ).