[Adopted 12-18-2018 by Ord. No. 1361-18]
There shall be a Borough Clerk of the Borough of Caldwell appointed by the Council for a term of three years, subject to any right of tenure provided by law. Prior to appointment, the Borough Clerk shall be qualified by training and experience to perform the duties of this office.
The Borough Clerk shall:
A. 
Act as secretary of the municipal corporation and custodian of the municipal seal and of all minutes, books, deeds, bonds, contracts, and archival records of the municipal corporation;
B. 
Act as secretary to the Mayor and Council, prepare meeting agendas at the discretion of the Mayor and Borough Administrator, be present at all meetings of the Mayor and Council, keep minutes of the proceedings of every meeting, retain the original copies of all ordinances and resolutions;
C. 
Serve as the chief administrative officer of all elections held in the Borough, subject to the requirements of Title 19 of the Statutes of the State of New Jersey. Despite the foregoing and without limiting the power of the Clerk as set forth in Title 19 of the Statues of the State of New Jersey, before the Borough Clerk recommends polling locations to the Essex County Board of Elections as required by N.J.S.A. 19:8-2, but by no later than March 15 of the year in which the Clerk prepares the list, the Clerk shall notify the governing body in writing of the proposed polling locations. The Clerk shall request that the Mayor include the list of polling locations in the agenda of the Council meeting immediately following the Clerk's preparation of the list.
D. 
Serve as the chief registrar of voters in the Borough, subject to the requirements of Title 19 of the Statutes of the State of New Jersey;
E. 
Serve as the administrative officer responsible for the acceptance of applications for licenses and permits, and the issuance of licenses and permits;
F. 
Serve as coordinator and records manager responsible for implementing local archives and records retention programs as mandated pursuant to Title 47 of the Statutes of the State of New Jersey;
G. 
Perform such other duties as are now or hereafter imposed by statute of regulation or Borough ordinance or regulation; and
H. 
Perform such other duties as the Mayor or Council may direct.
A. 
The Borough Clerk shall record all ordinances in books to be provided for that purpose. After each ordinance he shall also record 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 ordinance shall be deemed to be a public record of the ordinance. Any omission by the Clerk or the Mayor to record or sign shall not impair or affect the validity of any ordinance which has been duly adopted.
B. 
Upon passage by the Council of an ordinance, the Clerk shall cause the ordinance to be codified and properly indexed.
The Clerk shall maintain and preserve all correspondence of the Borough, and shall have custody of and shall safely keep all records, books and documents of the Borough as required by law. The Clerk shall, upon request and upon the payment of the fees prescribed therefor, furnish a certified copy of any records authorized by law.
The Clerk shall execute, when authorized by ordinance or resolution of the Council or when necessary to certify any document on record, any document reflecting an act of the Borough.
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 which shall be placed in the custody of the Chief Financial Officer and 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 custodian 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 dates.
Subject to approval of the Council, any rule or general regulation made by any department, officer, agency or authority of the Borough shall take effect only when 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 the Clerk's office during business hours.
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 the functions required of municipal clerks by the General Election Law (Title 19 of the Statutes of the State of New Jersey) 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, except where statute or municipal ordinance has delegated that responsibility to some other municipal officer.
C. 
Administer oaths and affirmation in Borough matters.
D. 
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 Council.
The Clerk's annual compensation shall be fixed and determined in the Borough Salary Ordinance.
A. 
There is hereby created the position of Deputy Borough Clerk appointed by the Council for a term of one year.
B. 
The Deputy Borough Clerk shall perform the duties of the Borough Clerk during the absence or illness of the Borough Clerk and shall perform such other duties as may be required time to time by the Borough Clerk.
The Deputy Clerk's annual compensation shall be fixed and determined by resolution or as set forth in the Borough Salary Ordinance.