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Commissioners table appointment of acting municipal clerk for two weeks
Summary
The Millville City Commission voted 3-2 to table a resolution to appoint an acting municipal clerk pending advice and possible hire; commissioners debated whether state regulations require an appointed registered clerk while staff said the city currently lacks a registered municipal clerk.
The Millville City Commission on April 1 voted 3-2 to table a resolution that would appoint an acting municipal clerk until the next meeting.
Commissioner Sui moved to table the resolution, citing advice from the city’s labor attorney and the possibility that the commission was already considering a candidate for hire. The motion was seconded and carried on a roll call of three yes votes and two no votes: Commissioner Hewitt — yes; Vice Mayor Watson — no; Commissioner Casaubon — no; Commissioner Sui — yes; Mayor Romanek — yes.
The item would have named an acting municipal clerk "as required" on the resolution by reference to NJAC 5:32-5.3. Commissioners debated whether that regulation by itself makes the appointment mandatory. One speaker told the commission that a separate state statute requires every municipality to have a registered municipal clerk and argued that, in the absence of a registered or deputy clerk, not appointing an acting clerk could raise questions about the validity of official acts performed by city staff.
Commissioner Sui told colleagues she had consulted the city’s employment attorney, who advised caution about making an appointment that might affect an ongoing hiring process. Sui said she preferred to wait two weeks so the city could complete recruitment efforts and receive definitive legal advice.
City staff and other commissioners said the city has not had a registered municipal clerk for roughly six weeks and that appointing an acting clerk was intended to preserve the legal authority for certain official acts until a permanent registered clerk is in place.
During public comment, a resident asked whether a particular staff member was working "out of title." A staff speaker confirmed the individual was performing city-clerk duties under an interim title that can be used for up to a year.
The commission’s tabled motion will return to the agenda at the next meeting, two weeks from April 1, unless commissioners take other procedural steps before then.
