Please be advised that amendments to Daniel’s Law are expected to adopted soon and it is important you take note. Here is a brief general summary:
Daniel’s Law is designed to limit the disclosure of the home addresses of judicial officers, prosecutors, and law enforcement officers as well as immediate family members of each residing in the same household. Recent amendments under A6171<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.njleg.state.nj.us%2…>/S4219<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.njleg.state.nj.us%2…> which is expected to be enacted soon, creates a process to implement Daniel’s Law which will be administered by the director of a new “Office of Information Privacy” (OIP) within the Department of Community Affairs (DCA). The OIP Director “shall be appointed by and serve at the pleasure of the Commissioner of Community Affairs” and will oversee the review and implementation process.
Under the new procedure, an eligible person must make an application through a state web portal in order to request protection under the law. (The legislature created a process for this, including providing funding and authorizing the state to hire a consultant to create a web-based portal for submission of requests.) The OIP Director will receive, review and either approve or deny all applications. Once approved, “[a] public agency shall redact or cease to disclose…the home address of a covered person approved by the Office of Information Privacy not later than 30 days following the approval.”
Certain notices will be impacted and the person requesting redaction “shall affirm in writing that the person understands that certain rights, duties, and obligations are affected as a result of the request, including” notices for development applications under the Municipal Land Use Law; election petitions and other materials; homes sales, lien, encumbrance and other real estate recordings; class action notifications; and other “legal, promotional, or official notice which would otherwise be provided to the person…”
The Department of Banking and Insurance is also empowered to issue rules and regulations within eighteen months consistent with the new law. The law forbids local government agencies from “knowingly” engaging in the “post, repost, publish or republish on the Internet of the home address” of someone who has applied and been approved by DCA under the law. Anyone who violates the law knowingly is liable for a $1,000 fine plus reasonable attorney’s fees and punitive damages.
This is a general summary and is not legal advice nor should you rely on this in any way in taking any action. Please consult with your municipal attorney for further specific advice. Please click here to access the Assembly bill: https://www.njleg.state.nj.us/2020/Bills/A9999/6171_R1.HTM<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.njleg.state.nj.us%2…> and the Senate bill: https://www.njleg.state.nj.us/2020/Bills/S4500/4219_I1.HTM<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.njleg.state.nj.us%2…>
Thank you.
Kim-Marie White
MCANJ President
The MCANJ is having our Free Legal Seminar for Legal Defense Fund Members in January. Check out the attached flyer for registration information. Our speakers will be Jonathan Frodella, Esq. and Anne Mulhern, Esq. from Laddy, Clark & Ryan.
Mandatory Participation in Executive Sessions
Compensation Issues for Municipal Clerks
Appointments of Clerks (Regular, Acting and Deputy)
Rice Notice Refresher
Tenure Rights
What to do if you feel that a male is making more money than you and jobs are similar
Who does the Municipal Clerk report to? Administrator? Mayor? Governing Body Members?
What to do if you suspect you may have a Harassment Complaint
How to handle an unruly subordinate
Personnel Policies
Question/Answer period on other legal issues
Speaker John Mitch, Chairperson (10 minutes or so)
Cases and Issues Covered by the LDF/How it works and how to get assistance
Process for Filing for LDF Assistance
For all day we applied and received the following CEU's
1.0 CEU in Ethics and 2.0 in PD
1.0 hours for IIMC
MCANJ Website Manager
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Diane M Pflugfelder RMC, MMC
Municipal Clerk/Administrator
Township of Liberty
349 Mountain Lake Road
Great Meadows, N.J. 07838
Telephone: 908.637.4579
Fax: 908.637.6916
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I hope you all are recovering from Tuesday……what a day!
Just a few items that I would like to remind you about.
We are currently accepting applications for the MCANJ Secretary which are due on January 15, 2022. If you are interested, please send your application to our current Secretary Deanna Bennett. The application is on our website<https://www.njclerks.org/documents/Application%20for%20Secretary%20Candidac…>. The candidate will serve from July 1, 2022 through June 30, 2023.
The application <https://www.njclerks.org/documents/Clerk%20of%20the%20Year%20Nomination%20A…> to nominate someone for the Clerk of the Year was in the October edition of the Quill. To be named the Clerk of the year is such a prestigious honor, so please nominate a fellow colleague. Applications are due by December 31, 2021.
MCANJ Scholarship Applications<https://www.njclerks.org/documents/2021%20RMC%2C%20CMC%2C%20MMC%20Scholarsh…> are being accepted for RMC/CMC/MMC and the deadline is February 15, 2022. The application was in the October edition of the Quill.
Kim-Marie White
MCANJ President
This is sent for educational purposes in MCANJ’s ongoing effort to help you stay abreast of governmental policy changes and to do your work to the best of your abilities. This is not legal advice and does not substitute for your own research and evaluation of these issues as they apply in your municipal setting. If you have any questions about this, legal matters or any other concerns, please contact your municipal attorney or the New Jersey Department of Community Affairs. Thank you for your support of and involvement in MCANJ.
Kim-Marie White, President
MCANJ
“New rules creating a cottage food operator (home baker) permit became effective as of October 4, 2021. New Jersey historically prohibited the sale of home baked goods but has now joined other states in allowing cottage food operations. The Department has been working on this issue for some time and carefully balanced allowing home bakers to operate small businesses while instituting appropriate safeguards. While developing these new regulations, the Department received input from many stakeholders, including local health departments, home bakers, the retail food industry, and others.”
Basically, an applicant will submit an application to the New Jersey Department of Health, Public Health and Food Protection Program. A copy of the application and instructions are attached for informational purposes only. There is nothing that a municipality must do in terms of receiving, reviewing, and/or approving these applications.
The regulations are found at N.J.A.C. 8:24–11.1 to 11.8. There are no municipal requirements or approvals needed, except that the regulations state for an applicant, “An applicant for a cottage food operator permit shall ascertain and comply with applicable local laws of the municipality in which the applicant seeks to operate a cottage food operation.”
So, if you should have any residents approach your office with an application or questions about the application process the correct response to the residents is that the municipality has no oversight or authority for the Cottage Food Permits and the residents should be directed to the contact the Department of Health.
https://www.nj.gov/health/ceohs/phfpp/retailfood/cottagefood.shtml<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.nj.gov%2fhealth%2fc…>
MCANJ Website Manager
WebsiteManager(a)MCANJ.US
LEGAL DEFENSE FUND REMINDER
If you have renewed and paid your membership in the Legal Defense Fund, thank you!
If you have not paid, your payment must be received by Nov. 1st.
If your check has not been received by that date, you will be removed from the LDF Membership Roster and must register as a new member at $75.
Click here for the membership application.<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.njclerks.org%2fcn%2…>
Good news!! The Essex County Municipal Clerks Association of NJ has received approval for CEUs for CCFOs, CMFOs, and CTCs!!! Please pass this along! FYI: Payment prior to the mini conference IS NOT required. The Zoom link will be sent out to all registrants every day beginning Monday! REGISTRATIONS WILL BE ACCEPTED UNTIL 6pm on WEDNESDAY, OCTOBER 13!
Contact Essex County Chapter President Jennifer Kiernan (jkiernan(a)VeronaNJ.org<mailto:jkiernan@VeronaNJ.org>) with any questions.
MCANJ Website Manager
WebsiteManager(a)MCANJ.US
The Governor signed Executive Order 266 making the following changes for the upcoming general election:
· increasing poll workers pay from $200 to $300 for election day
· suspension requirement that a board worker be a resident of the county in which that member will serve in
· If the board work works part-time the increase is $50
· Poll worker working for early voting will receive for each hour worked a supplemental payment equal to a pro-rated hourly rate consistent with $100 supplemental pay
Here is a link to the EO - https://nj.gov/infobank/eo/056murphy/pdf/EO-266.pdf<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fnj.gov%2finfobank%2feo%…>
MCANJ Website Manager
WebsiteManager(a)MCANJ.US