[Adopted 2-19-1974 by Ord. No. 408 (Ch. 2.08 of the 1992 Code); amended in its entirety 12-15-2009 by Ord. No. 2009-881[1]]
[1]
Editor's Note: With the adoption of this ordinance, former § 38-16, located in Art. IV, Chief Financial Officer, was renumbered as § 38-19.
A. 
The Mayor, with the advice and consent of the governing body, shall appoint a Borough Clerk for the term prescribed by state statute (N.J.S.A. 40A:9-133). This position is a statutory one. With this appointment, the Borough Clerk shall maintain certification through education and testing in order to be qualified by training to perform the duties of the office and serve as Borough Clerk of the governing body.
B. 
No person shall be reappointed as Borough Clerk unless he or she has a Registered Municipal Clerk Certificate issued pursuant to N.J.S.A. 40A:9-133 et seq.
The Borough Clerk, appointed by the governing body, shall have duties defined by N.J.S.A. 40A:9-133 as:
A. 
Secretary to the governing body.
B. 
Secretary to the municipal corporation.
C. 
Administrative and licensing officer.
D. 
Election administrator and registrar of voters.
E. 
Custodian of records.
F. 
Other duties that may be imposed by state statue and regulations or municipal ordinances or regulations.
Any person who shall be reappointed Borough Clerk subsequent to having received a Registered Municipal Clerk certificate pursuant to N.J.S.A. 40A:9-133 et seq., and having served as Borough Clerk or performed the duties of Borough Clerk for not less than three consecutive years immediately prior to such reappointment, shall hold his or her office during good behavior and efficiency, notwithstanding that such reappointment was for a fixed term of years; and he or she shall not be removed therefrom for political reasons but only for good cause shown and in accordance with the provisions set forth in N.J.S.A. 40A:9-133.7. No Borough Clerk shall acquire tenure of office unless he or she holds a Municipal Clerk certificate issued pursuant to N.J.S.A. 40A:9-133 et seq.
In accordance with N.J.S.A. 40A:9-135, there is created the office of Deputy Borough Clerk, who shall be appointed by the governing body with the advice and consent of the Borough Clerk.
The term of said office of Deputy Borough Clerk shall be one year. His or her compensation shall annually be fixed by the Salary Ordinance.
A. 
Under the direction of the Municipal Clerk, the duties of the Deputy Clerk shall include but not be limited to planning, organizing, managing, and coordinating the various activities of the office in accordance with state and local laws, rules, regulations, and policies, and other related work as required.
B. 
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 the office.