The Borough Clerk shall serve as Clerk of the
Mayor and Council. The Clerk shall attend and keep the minutes of
the meetings of the Mayor and Council as directed by the Mayor and
Council. The minutes shall be signed by the Clerk.
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 or transferred thereto by the Mayor
and Council. The Clerk shall, on request and the payment of the fees
prescribed therefor by resolution of the Mayor and Council, furnish
a certified copy of any such paper in his custody under the corporate
seal of the borough.
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 Mayor and Council, or when necessary
to exemplify any document on record in the Clerk's office, or to certify
any act or paper which from the records in the Clerk's office shall
appear to have been a public act of the borough or a public document.
The Clerk shall not affix the seal or cause or permit it to be affixed
to any other instrument, writing or other paper unless required by
law or ordinance.
The Clerk, subject to the supervision and direction
of the Mayor and Council, shall:
A. Be the depository for and have custody 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 upon or with respect to risks insured for
the benefit of the borough to protect it against any claim, demand
or liability whatsoever; and all formal contracts for work, labor,
services, supplies, equipment and materials to which the borough may
be a party.
B. Be the depository for and have custody of all performance
bonds running to the borough as obligee, or any other form of security
given by any contractor, subdivision developer or other person on
account of work done or to be done in or for the borough.
C. Have custody of all leases of property owned by the
borough.
D. Report to the Mayor and Council annually, at such
time as it 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.
The Clerk shall maintain a current compilation
of all such rules and regulations which shall be available for public
inspection in his office during business hours. No rule or general
regulation made by any department officer, agency or authority of
the borough, except such as 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.
The Clerk shall have the power to administer
oaths in all matters concerning borough business.
The Borough Clerk shall, within five days after
the Mayor and Council has appointed or elected any officer, whether
to fill a vacancy or otherwise, cause to be delivered to or left at
the place of abode of the person so elected or appointed a written
notice of his election or appointment, and within the same time shall
file a certified copy of the record of the election or appointment
with the Clerk of the county.
In addition to such other functions, powers
and duties as may be prescribed by ordinance, and subject to the supervision
and direction of the Mayor and Council, the Clerk shall:
A. 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.
B. 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.
C. Have such other different and additional functions,
powers and duties as may be prescribed by law or ordinance or delegated
to him by the Mayor and Council.
D. Perform all functions of a municipal clerk not delineated
elsewhere in this chapter, as required by N.J.S.A. 40A:9-133, et seq.
[Added 9-9-2003 by Ord. No. 21-2003]
[Added 9-12-2017 by Ord.
No. 13-2017]
Pursuant to N.J.S.A. 40A:9-135(a), there is created the position
of Deputy Municipal Clerk of the Borough of Franklin. The Deputy Municipal
Clerk is empowered to act as permitted by law and ordinance.
[Added 9-12-2017 by Ord.
No. 13-2017]
A. The Deputy Municipal Clerk shall assist the municipal clerk in fulfilling
the Municipal Clerk's duties and obligations.
B. During the absence or disability of the Municipal Clerk, the Deputy
Municipal Clerk shall have all the powers of the Municipal Clerk and
shall perform the functions and duties of such office.
C. The Deputy Municipal Clerk shall perform any other duties as assigned
by the Municipal Clerk or the Borough Administrator.