[Adopted 1-31-1990 as Sec. 2 of Ord. No. 1511 (Ch. 3 of the
1989 Code)]
A.
There shall be an Office of the Clerk, consisting of the Borough
Clerk, Deputy Clerk and such other personnel as deemed necessary by
said Clerk and the Council. The Clerk shall have the authority to
employ other personnel with the advice and consent of the Council.
The Clerk shall be appointed by the Council for a term of three years.
The Deputy Clerk shall also be appointed by the Council for an initial
one-year probationary term and thereafter appointed for a two-year
term. During the one-year probationary term, the Deputy Clerk may
be discharged at any point with or without cause. The Clerk and Deputy
Clerk and other personnel in the office of the Clerk shall receive
such compensation as shall be provided by ordinance.
[Amended 10-21-2009 by Ord. No. 1995-09; 11-15-2010 by Ord. No.
2031-10]
B.
Clerk of Council. The Borough Clerk shall serve as Clerk of the Council.
The Clerk shall keep a journal of the proceedings of the Council and
shall keep and maintain all ordinances and all resolutions of a permanent
character in the books to be provided for that purpose. Each ordinance
and resolution shall be signed by the presiding officer of the Council
and Clerk, who shall attest that it was duly adopted upon a date stated,
pursuant to law. When so signed, the attested copy shall be deemed
to be a public record of the ordinance or resolution. Any omission
by the Clerk or presiding officer of the Council to sign or certify
as herein required shall not impair or affect the validity of any
ordinance which has been duly adopted. At the close of each year,
with the advice and the assistance of the Borough Attorney, the Clerk
shall bind, compile or codify all the ordinances and resolutions,
or true copies thereof, which then remain in force and effect and
shall properly index the record books, compilation or codification
of ordinances or resolutions.
C.
Custodian of records. The Borough Clerk shall have custody of and
shall safely keep all the records, books and documents of the Borough
except such as shall be committed by Charter or ordinance to any other
office or except such as shall be transferred to any other office
by resolution of the Council. The Clerk shall, upon request and upon
the payment of fees prescribed therefor by resolution of the Council,
furnish a certified copy of any such paper in the custody of the Clerk's
office, under the Corporate Seal of the Borough.
D.
Corporate Seal. The Borough Clerk shall cause the Corporate Seal
of the Borough to be affixed to any instruments and writings when
authorized to do so by any ordinance or resolution of the Council
or when necessary to exemplify any document on record in the office
of the Clerk or to certify any act or paper which from the records
of the office shall appear to have been a public act of the Borough
or a public document. The Clerk shall not affix said Seal or permit
it to be affixed to any instrument or writing or other paper, except
as herein provided, unless required to do so by law or ordinance.
E.
Insurance, surety bonds and contracts. The Clerk shall be the depository
and custodian of:
(1)
All official surety bonds furnished by or on account of any Borough
office or officer or employee, except that the Clerk's own bond
shall be placed in the custody of the Treasurer.
(2)
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.
(3)
All formal contracts for work, labor, services, supplies, equipment
and materials to which the Borough may be a party.
(4)
All leases of property owned by the Borough.
(5)
All performance bonds running to the Borough as obligee and any other
form of security given by any contractor, subdivision developer or
other persons on account of work done or to be done in or for the
Borough.
F.
Administration of certain laws and ordinances; other duties in addition
to such other functions, powers and duties as may be prescribed by
the Charter and ordinances. The Borough Clerk shall:
(1)
Perform all the functions required of municipal clerks by the general
election laws set forth in Title 19 of the Revised Statutes of New
Jersey, as amended and supplemented, and in any law or ordinance,
and receive the fees prescribed therefor.
(3)
Perform such functions as are vested in the Municipal Clerk by state
law and ordinance relating to bingo and raffles licensing.
(4)
Issue certificates as to approval of land subdivision by the Borough
Planning Board or the Council pursuant to Section 24 of the Municipal
Land Use Law (N.J.S.A. 40:55D-56).
(5)
Have and perform such other and additional functions, powers and
duties as may be prescribed by law or ordinance.
G.
Notice to attend meetings of Council.
(1)
The Borough Clerk shall issue notices to the respective members of
the Council and to all other persons whose attendance may be required
at any regular meetings of the Council. Such notice shall be in accordance
with a schedule which the Council shall approve in accordance with
the Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.) during January
for the ensuing year.
(2)
The Clerk shall, whenever a special meeting of the Council is duly
called, issue and cause to be served notices thereof upon the members
of the Council and any other persons whose presence may be required,
or to whom notice is required to be given by the Open Public Meetings
Act.
