[Adopted 12-5-1972 by L.L. No. 4-1972]
This article shall be known as the "Office of the Town Clerk
of the Town of Oyster Bay Law."
A.
Whenever
used in this article, words used in the singular include the plural
and vice versa.
B.
DEPARTMENT
DEPUTY TOWN CLERK
TOWN CLERK
As
used in this article, the following terms shall have the meanings
indicated:
The Town of Oyster Bay Department of the Town Clerk which
shall perform a major function of Town government.
Deputy Town Clerks appointed and holding office pursuant
to Subdivision 10 of § 30 of the Town Law, and shall act
generally for and in place of the Town Clerk.
The elected public official who shall be the chief executive
officer of the Department.
[Amended 1-22-2002 by L.L. No. 2-2002; 5-11-2004 by L.L. No.
9-2004; 2-28-2006 by L.L. No. 4-2006; 12-15-2009 by L.L. No.
1-2010]
There shall be in the Town of Oyster Bay a Department of the
Town Clerk. The principal executive officer and administrative head
of such Department shall be the Town Clerk, who shall be elected to
said office for the term fixed by law at such salary as may from time
to time be fixed by said Town Board. The Town Clerk shall be the head
of the Department with power and authority to appoint and remove officers
and employees under his jurisdiction in accordance with the Civil
Service Law and other applicable laws. The annual salary of the Town
Clerk, through December 31, 2010, shall be $102,000.
The Town Clerk is empowered herein to appoint three Deputies
who shall generally act for and in his behalf and who shall perform
such duties as are vested in and imposed upon that office by the provisions
of this article, by statute or by other lawful authority. The Town
Clerk shall file in the office of the Town Clerk a designation of
successorship with respect to said Deputies.
Before entering upon the duties of his office, the Town Clerk
shall execute and file with the Town Clerk an official undertaking,
if the same be required by the Town Board, in such sum as prescribed
by the Town Board and in such form as approved by the Town Attorney.
The Town Clerk shall have such powers as prescribed by law as
shall be necessary for the proper administration of the Department
consistent with applicable provisions of law. Until such time as the
same may be either amended or modified, the Department shall be divided
into the following divisions:
A.
The
powers and duties of such divisions therein shall be under the administration,
direction and control of the Town Clerk, and each of said divisions
shall be supervised by a division head who shall be designated as
superintendent.
B.
The
Town Clerk may, with the approval of the Town Board establish, consolidate
or abolish any divisions now existing or hereafter created in said
Department; and establish, consolidate or abolish any bureau or subdivision
now existing or hereafter created in any such division.
A.
Division
of Annex Administration. Administers, supervises and manages Town
of Oyster Bay annexes located in Hicksville and Massapequa serving
local residents with available municipal services of the Town of Oyster
Bay, including guidance and counseling of veterans and their families.
B.
Division
of Licenses. Administers, supervises and manages all necessary procedures
regarding the issuance of licenses and permits authorized under law
on behalf of the Town of Oyster Bay, keeps and maintains records thereon
and collects all required fees thereof.
C.
Division
of Legislative Administration. Administers, supervises, manages and
performs all functions and duties as Clerk of the Town Board of the
Town of Oyster Bay in the performance of its legislative responsibilities,
supervises all official proceedings and acts of the Town Board; and
arranges the posting and publication of all public and legal notices
as required by law.
D.
Division
of Records. Administers, supervises and manages the keeping and safeguarding
of complete and accurate records of official proceedings and acts
of the Town Board and of every board or improvement districts of the
Town.
E.
Division
of Vital Statistics. Administers, supervises and manages the filing
and recording of all certificates, oaths and other papers and documents
required by law of the Registrar of Vital Statistics of the Town of
Oyster Bay, and the issuance of certifications and verifications thereof.
The Town Clerk, acting by and through any of said existing or
hereafter named divisions, shall be empowered to perform such other
duties and functions that are prescribed to be performed by him in
any law, ordinance or resolution of the Town Board or lawful directive
of the Supervisor; however, the Town Clerk may delegate any of his
powers to or direct any of his duties to be performed to a Deputy
Town Clerk or head of a division.
All costs and expenses incurred by the Department or its officers
or employees on behalf of a special improvement district or special
Town project shall be charged against such district or project and
paid from the funds duly appropriated for the purposes of such district
or project.
Nothing herein contained shall be construed to delegate or transfer
any power of the Town Supervisor contained in §§ 29,
52 and 125 of the Town Law of the State of New York or any other powers
which may be lawfully exercised by said Supervisor.
The Town Clerk may establish a schedule of fees to be collected
by him for the filing in his office or Department of any map or written
instrument required to be so filed; the preparation of any copy of
a map or written instrument filed in his office or Department; for
certifying any such map or written instrument; and for any other service
rendered in connection with the work of his Department and for which
he deems it necessary to charge and to collect a fee therefor.