There shall be a Clerk of the Borough of Westville appointed by the Mayor and Council for a term of three years. Prior to his/her appointment, the Borough Clerk shall be qualified by training and experience to perform the duties of the office. Tenure may be obtained as provided under N.J.S.A. 40A:9-134.
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Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Borough Clerk shall serve as Clerk of the Council and as Secretary of any special legislative committees of the Council. He/She shall attend all meetings of the Council and of such committees when required by the Chairman and shall keep the minutes of the proceedings of the Council and of such committees. The minutes of each meeting of the Council shall be signed by the Clerk.
A. 
The Clerk shall record all ordinances and all resolutions of a permanent character in books to be provided for that purpose. After each ordinance he/she shall also record and certify the proof of publication thereof as required by law. Each ordinance and resolution so recorded shall be signed by the Mayor and Clerk, who shall attest that it was duly adopted upon the date stated, and when so signed the recorded copy shall be deemed to be a public record of the ordinance or resolution. 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 and resolutions or true copies thereof which then remain in force and effect. He shall also properly index the record books, compilation or codification of ordinances and resolutions.
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 Borough Council. He shall, upon request and upon the payment of the fees prescribed therefor by ordinance of the Council, for the use of the Borough, furnish a certified copy of any such paper in his/her 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 Council or when necessary to exemplify any document on record in his/her 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. The Clerk shall not affix the Seal or cause or permit it to be affixed to any other instrument or writing or other paper unless required by law or ordinance.
The Clerk, subject to the supervision of the Mayor and Council, shall:
A. 
Be the depository and custodian of all official surety bonds furnished by or on account of any officer or employee, except his/her 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 or to protect it against any claim, demand or liability whatsoever; and of 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 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, at such time as the Council may require, on the coverage, expiration date and premium of each surety bond and contract of insurance and on the nature and terms of outstanding leases, the rent reserved by each and their respective expiration dates.
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.
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 Borough Council.
No rule or general regulation made by any department, board, agency or authority of the Borough of Westville, except those which relate to the organization or internal management of the municipal government or any 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/her office during business hours.
A. 
Appointment; term. There shall be a Deputy Borough Clerk of the Borough of Westville appointed by the Mayor and Council for a term of one year.
B. 
Duties. The Deputy Borough Clerk shall assist the Borough Clerk in the performance of his/her duties in such manner and to such extent as shall be required by the Borough Clerk with the prior consent of the Council. During such periods as the Borough Clerk is, with the consent of the Council, absent from his/her duties, the Deputy Borough Clerk shall exercise the powers and perform all of the duties of the Borough Clerk as provided by law. In addition to the foregoing, the Deputy Borough Clerk shall exercise such additional powers and perform such additional duties of the Borough Clerk as are provided by law.