A.
Appointment; term; duties. There shall be a Borough
Clerk appointed by the Council for a term of three years as per N.J.S.A.
40A:9-133. The Clerk shall serve as Clerk of the Mayor and Council.
He or she shall attend all meetings of the Mayor and Council and of
the Mayor and Council committees when required by the Chairmen and
shall keep the minutes of the meetings of the Council and of the committees.
The minutes of each meeting of the Council shall be signed by the
Clerk.
B.
Ordinances and resolutions.
(1)
The Clerk shall record all ordinances in books to
be provided for that purpose. After each ordinance he shall record
and certify the proof of its publication as required by law. Each
ordinance so recorded shall be signed by the Mayor and the Clerk,
who shall attest that it was adopted on the date stated, and when
so signed the recorded copy shall be deemed to be a public record
of the ordinance. Any omission by the Clerk or the Mayor to record,
sign, or certify shall not impair or affect the validity of an ordinance
which has been duly adopted.
(2)
Periodically, as determined by the Council, the Clerk
shall compile at least two copies of all ordinances that have been
adopted since the previous revision or supplement and forward them
to a company selected by the Council to prepare a supplement to the
revision.
C.
The Clerk shall compile annually, in the order of
their adoption, all resolutions adopted by the Council during the
year and shall preserve them.
D.
Custodian of records. The Clerk shall have custody
of and safely keep all records, books and documents of the Borough
except those committed by ordinance, to any other office, by resolution
or by law. On request and on the payment of the fees prescribed therefor,
the Clerk shall furnish a certified copy of any paper in his custody
under the Corporate Seal of the Borough.
E.
Corporate Seal. The Clerk shall cause the Corporate
Seal of the Borough 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 Borough or a public document.
F.
Insurance; surety bonds; contracts. Subject to the
supervision of the Council, the Clerk shall:
(1)
Be the depository for and the custodian of all official
surety bonds furnished by or on account of any officer or employee,
except his own bond which shall be placed in the custody of the Treasurer;
of all insurance policies on or with respect to risks insured for
the benefit of the Borough or to protect it against any claim, demand
or liability; and of all formal contracts for work, labor, services,
supplies, equipment and materials to which the Borough may be a party.
(2)
Be the depository for and the custodian of all performance
bonds running to the Borough as obligee or any other form of security
given by a contractor, subdivision developer or other persons on account
of work done or to be done in or for the Borough.
(3)
Have custody of all leases of property owned by the
Borough.
(4)
Report to the Council annually, at such times as the
Council may require, on the coverage, expiration date and premium
of each surety bond and contract of insurance, the nature and terms
of outstanding leases, the rent reserved by each and their respective
expiration dates.
G.
Administrative rules and regulations; filing and publication.
The Clerk shall maintain a current compilation of all rules and regulations,
which shall be available for public inspection in his office during
business hours. No rule or general regulation made by a department,
officer, agency or authority of the Borough, unless it relates to
the organization or internal management of the municipal government
or a part thereof, shall take effect until it is filed with the Clerk.
H.
Other laws and ordinances. In addition to other functions,
powers and duties prescribed by ordinance and subject to the supervision
and direction of the Council, the Clerk shall:
(1)
Perform all the functions required of municipal clerks
by the General Election Law (Title 19 of the Revised Statutes) and
any other law or ordinance.
(2)
Administer the provisions of Borough 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.
(3)
Have such other, different and additional functions,
powers and duties as may be prescribed by law or ordinances or delegated
to him by the Council, such as but not limited to Affirmative Action
Officer, Fair Housing Official, and/or Board of Health Secretary.
B.
Term of office. The term of office shall be a three-year
term. The term shall commence on the actual date of appointment. In
the event of a vacancy in the position of Deputy Borough Clerk, an
appointment shall be made for a new term and not for the unexpired
term.
C.
Duties.
(1)
It shall be the duty of the Deputy Borough Clerk generally
to aid and assist the Borough Clerk in the performance of his or her
office in such manner as the Borough Clerk shall direct. During the
absence or disability of the Borough Clerk, the Deputy Borough Clerk
shall have all the powers of the Borough Clerk and shall perform the
functions and duties of such office.
(2)
In addition to the duties set forth in Subsection C(1), the Deputy Borough Clerk shall also, but not in limitation thereof, assist the Borough Clerk in the following functions and/or duties and perform the same, notwithstanding that they may not be functions performed by the Borough Clerk, as directed by the Borough Clerk:
(a)
Prepare all minutes required to be taken by the Borough
Clerk.
(b)
Attend meetings in place of the Borough Clerk.
(c)
Process legalized games of chance applications.
(d)
Process license applications.
(e)
Answer the phone.
(f)
Process mail.
(g)
General typing and assistance as directed by the Borough
Clerk.
(h)
Such other clerical duties that may be assigned by
the governing body; excluding, however, duties relating to the office
of the Court Administrator.
