[Adopted by Ord. No. 72-3; amended in its entirety 3-5-2008 by Ord. No. 01-2008 (Ch.
II, Sec. 2-2, of the 1974 Revised General Ordinances)]
There shall be created the position of Municipal Clerk who shall
be appointed in accordance with the provisions of N.J.S.A. 40A:9-133
et seq. The Municipal Clerk shall attend all meetings of Council and
shall prepare the minutes of all Council meetings.
A. 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 a 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 Code or supplement and forward them to a company selected
by the Council to prepare a supplement to the Code.
(3) The Clerk shall compile annually, in the order of their adoption,
all resolutions adopted by the Council during the year and shall preserve
them.
B. Custodian of records. The Clerk shall have custody of and safely
keep all records, books and documents of the City 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 City.
C. Corporate seal. The Clerk shall cause the corporate seal of the City
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 City or a public document.
D. 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 City or to protect it against any claim, demand or
liability; and all formal contracts for work, labor, services, supplies,
equipment and materials to which the City may be a party.
(2) Be the depositors for and the custodian of all performance bonds
running to the City 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 City.
(3) Have custody of all leases of property owned by the City.
(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.
E. 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 City, 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.
F. 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 city clerks by the General
Election Law (Title 19 of the Revised Statutes) and any other law
or ordinance.
(2) Administer the provisions of City 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 ordinance or delegated to him by the
Council.
G. The Clerk
shall also serve as the Registrar of Vital Statistics in accordance
with N.J.S.A. 26:8-11c. The appointment shall be for a three-year
term at such compensation as the governing body may set.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
Creation. There is created the position of Deputy Municipal
Clerk in accordance with the provisions of N.J.S.A. 40A:9-135 who
during the absence or disability of the Municipal Clerk shall perform
and have the powers of the Municipal Clerk and shall perform the functions
and duties of that office.