[Adopted 5-13-1970 as Sec. 2-6 of the 1970 Revised General Ordinances (Ch.
71, §§ 71-1 to 71-3 and 71-5 to 71-8, of the 1992 Code)]
[Amended 12-20-1993 by Ord. No. 93-19[1]]
There shall be a Borough Clerk appointed by the Mayor and Council
for a term of three years. The Clerk shall be qualified by training
and experience and perform the duties of the office as provided for
in N.J.S.A. 40A:9-133 et seq.
[Amended 12-20-1993 by Ord. No. 93-19]
The Clerk shall serve as Clerk of the Council and as secretary
of any special legislative committees of the Council. He shall attend
all meetings of the Council and of any Council committees when required
by the Chairman and shall keep the minutes of such meetings. The minutes
of each Council meeting shall be signed by the Clerk.
The Clerk shall record all ordinances and resolutions of a permanent
character in books to be provided for that purpose. After each ordinance
he shall 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 the Clerk, who shall attest that it was duly adopted
upon the date stated, and when so signed, the recorded copy shall
be deemed a public record of the ordinance or resolution. Any omission
by the Clerk or the Mayor to record, sign or certify shall not impair
or affect the validity of any ordinance which has been duly adopted.[1]
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
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 for 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 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 depositary 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 Council annually, at such time as it may require, on
the coverage, expiration date and premium of each surety bond and
contract of insurance and the nature and terms of outstanding leases,
the rent reserved by each, and their expiration dates.
No rule or general regulation made by any department, officer,
agency or authority of the Borough, except such as relates to the
organization and internal management of the municipal government or
a part thereof, shall take effect until it is filed with the 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.
In addition to other functions, powers and duties prescribed
by ordinance and subject to the supervision and direction of the 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
prescribed by law or ordinance or delegated to him by the Council.
