[Adopted as Sec. 2-7 of the 1982 Revised General Ordinances]
[Amended 5-16-2023 by Ord. No. 1634; 8-15-2023 by Ord. No. 1651]
There shall be a Clerk of the Borough of Stone Harbor appointed by the governing body for a term of three years. Prior to the appointment the Borough Clerk shall be qualified by training and experience to perform the duties of the office. The Borough Clerk shall be a registered Municipal Clerk with the State of New Jersey or shall receive such certification prior to reappointment. In the event of a vacancy in the office of the Municipal Clerk, an appointment shall be made by the governing body within 90 days of the occurrence of the vacancy for a new term, not for the unexpired term. The Clerk filling the vacancy need not hold a registered Municipal Clerk Certificate and shall be appointed for a one-year term starting on the date of the vacancy. Two subsequent one-year terns may be approved by the Director of the Division of Local Government Services in the Department of Community Affairs. The Acting Municipal Clerk cannot exceed three years in that capacity. Time served in the capacity of Acting Municipal Clerk cannot be credited for the purpose of seeking tenure pursuant to Section 7 of P.L. 1985, c. 174 (N.J.S.A. 40A:9-133.7)
[Amended 5-16-2023 by Ord. No. 1634]
The Borough Clerk shall act as the Secretary to the governing body and Clerk to the Council, prepare meeting agendas at the discretion of the governing body, be present at all meetings of the governing body, keep a journal of the proceedings of said meetings, retain original copies of all ordinances and resolution and record the minutes of every Council meeting. The minutes of each meeting of the Council shall be signed by the officer presiding at the meeting and by the Clerk. Attendance of the Municipal Clerk at standing committee meetings is at the discretion of the committee chairperson. Minutes of said standing committees may or may not be taken also at the discretion of the committee chairperson.
A. 
The Clerk shall record all ordinances of a permanent character in books to be provided for that purpose. After each ordinance he shall also record and certify the proof of publication thereof as required by law. Each ordinance so recorded shall be signed by the Mayor and the Clerk, who shall attest that it was duly adopted upon a date stated, and when so signed the recorded copy shall be deemed to be public record of the ordinance. Any omission by the Clerk or the Mayor to record, sign or certify as herein required shall not impair or affect 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, or true copies thereof, which then remain in force and effect. He shall also properly index the record books, compilation or codification of ordinances.
[Amended 5-16-2023 by Ord. No. 1634]
The Clerk shall have custody of and shall safely keep all records, books, deeds, minutes, bonds, contracts, archival records and documents of the Borough, except those committed by ordinance to any other office or transferred thereto by the Council. The Clerk shall, upon request and upon the payment of the fees prescribed therefor by resolution of the Council for the use of the Borough, furnish a certified copy of any such paper in his custody under the corporate seal of the Borough. The Clerk shall serve as the coordinator and records manager responsible for implementing local archives and records retention programs as mandated pursuant to Title 47 of the Revised Statutes.
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. He 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 of the Council, shall:
A. 
Be the depositary and 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 Chief Financial Officer; 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 all formal contracts for work, labor, services, supplies, equipment and materials to which the Borough may be a party.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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 persons 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 Borough Council annually, at such time 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 date.
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 Borough Clerk. 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.
[Amended 5-16-2023 by Ord. No. 1634]
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 Borough Council, the Clerk shall:
A. 
Perform all of 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.