Borough of Washington, NJ Article V Department of Administration

§ 3-31 Manager; Clerk; Deputy Clerk.

[Amended 9-8-1981 by Ord. No. 13-81; 7-13-1982 by Ord. No. 15-82[1]]

A. There is hereby created the Department of Administration, which Department shall be headed by the Borough Manager. Included in this Department shall be the office of the Municipal Clerk, who shall be appointed by the Borough Council and shall possess the background and training in government work to perform the duties of this office. This office may be combined with that of the Borough Manager, as provided by statute. The Clerk shall hold office for a term of three years and shall receive such compensation as may be provided by the Salary Ordinance.[2] If the position is held by the Borough Manager, there shall be no compensation other than that provided for the Manager. In the event that the Manager shall also be appointed Clerk, the Clerk shall serve at the pleasure of the Borough Council.

[2] Editor's Note: See Ch. 17, Salaries and Compensation.

B. There may be a Deputy Municipal Clerk, appointed by the Borough Clerk for a term of one year, and who shall receive such compensation as shall be provided by the Salary Ordinance.[3] This Deputy may also hold another office or perform other administrative work for the municipality; otherwise, the duties shall be those designated by the Manager and provided by the laws for the Clerk. The Borough Manager may administer this Department pursuant to § 3-21 of the Borough Code and other ordinances and portions of the general law which may apply.

[3] Editor's Note: See Ch. 17, Salaries and Compensation.

[1] Editor's Note: This ordinance also changed the title of Article V from "Office of Clerk" to "Department of Administration."

§ 3-32 Clerk of Council.

[Amended 9-8-1981 by Ord. No. 13-81; 7-13-1982 by Ord. No. 15-82]

The Borough Clerk shall serve as Clerk of Council. He or she shall attend meetings of the Council and cause to be kept the minutes of the proceedings of the Council. In his absence, the Deputy Clerk shall be authorized to serve in his or her place and stead with the same duties. The minutes of the meetings shall, upon approval, be signed by the presiding officer of the meeting and the Clerk or Deputy Clerk, thereby signifying that they have been approved by the Council.

§ 3-33 Ordinances and resolutions.

A. The Clerk shall engross all ordinances and resolutions of a permanent character in books provided for that purpose. After each ordinance, he shall engross and certify the proof of publication thereof, as required by law. Each ordinance and resolution so engrossed will be signed by the Mayor and the Clerk and shall attest that it was duly adopted upon the date stated, and when so signed, the engrossed copies shall be deemed to be a public record of the ordinance or resolution. Any omission by the Clerk or the Mayor to engross, sign or certify as herein required shall not necessarily impair or upset the validity of any ordinance which has been duly adopted.

B. At the close of each year, the Clerk, with the advice and assistance of the Borough Attorney, shall bind, compile or codify all the ordinances and resolutions, or true copies thereof, which then remain in force and effect. He shall also properly index the record books, compilation or codification of ordinances or resolutions.

§ 3-34 Custodian of records.

[Amended 9-7-2021 by Ord. No. 2021-09]

The Municipal Clerk shall be the primary custodian of all municipal records and the Manager shall be the deputy records custodian, acting in the absence of the Municipal Clerk, except as set forth below:

A. Police records. The Washington Township Police Department is the custodian of all police records maintained on behalf of the Borough of Washington.

B. Tax and sewer collection records. The Borough Tax Collector is the custodian of all records related to property tax and sewer collection records.

C. Tax assessment records. The Borough Tax Assessor is the custodian of all records related to property tax assessment.

D. Construction, buildings, fire, electrical, plumbing records. The Borough Construction Official is the custodian of all records relating to construction, building, fire, electrical, and plumbing permits and violations.

E. Purchasing and finance records. The Chief Financial Officer is the custodian of all municipal records relating to purchasing and finance.

F. Personnel and civil service records. The Administrative Clerk of the Finance Department is the custodian of all personnel and civil service records.

G. Animal control records. The Animal Control Officer is the custodian of animal control records.

H. Department of Public Works records. The certified Public Works Manager is the custodian of Public Works records.

I. Fire Department records. A person designated by the Washington Fire Department is the custodian of Fire Department records, insofar as such records are subject to disclosure under the Open Public Records Act (N.J.S.A. 47:1A-1 et seq.)

J. Bureau of Fire Prevention. The Fire Marshal is the custodian of Bureau of Fire Prevention records.

K. Land Use Board records. The Secretary to the Land Use Board is the custodian of all records related to the Land Use Board.

§ 3-35 Corporate seal.

The Clerk shall cause the corporate seal, described in Article I, § 3-3 of this Administrative Code, to be affixed to instruments and writings when authorized by ordinance or resolution of the Council or when necessary to exemplify any document on record in his office or to certify any act or paper which, from the records in his office, shall appear to have been a public act of the municipality on a public document. He shall not affix the said seal or cause or permit it to be affixed to any other instrument or writing or other paper unless required by law or ordinance.

§ 3-36 Insurance, surety bond and contracts.

The Clerk, subject to supervision of the Manager, shall:

A. Be the depositary custodian of all official surety bonds furnished by or on account of any officer or employee, except his own bond, which shall be filed with the Borough Treasurer, and of all insurance policies upon or with respect to risks insured for the benefit of the Borough or to protect it against any claim, demand or liability whatsoever, and of all formal contracts for work, labor, services, supplies, equipment and materials to which the municipality may be a party.

B. Have custody of all leases of property owned by the Borough.

C. Be the depositary for and have custody of all performance bonds running to the municipality as oblige, or any other form of security given by any contractor, subdivision developer or other persons on account of work done or to be done in and for the municipality.

D. Report to the Manager annually, or at such time as the Manager may require, on the coverage, expiration date and premium of each surety bond and the contract of insurance, the nature and term of outstanding leases, the rent received by each and their respective expiration dates.

§ 3-37 Other laws and ordinances pertaining to the office.

In addition to such other functions, powers and duties as may be prescribed by the Charter and ordinances, and subject to the direction and supervision of the Manager, the Clerk shall:

A. Perform all of the functions required of municipal clerks by the General Election Law (Title 19 of Revised Statutes) and other laws or ordinances.

B. Administer the provisions of the municipal ordinances with reference to the licensing of occupations and activities for which licenses are required by law or ordinance to be obtained from the Clerk.[1]

[1] Editor's Note: See Ch. 54, Licensed Occupations.

C. Issue such licenses as may be authorized by the Council, pursuant to the State Alcoholic Beverage Control Law (N.J.S.A. 33:1-1), in the ordinances of the municipality.

D. Have such other, different and additional functions, powers and duties as may be prescribed by law and ordinance or delegated to him by the Manager.