[Prior code § 2-6.1; amended by Ord. 91-3 § 6, 1991; Ord. 95-24 § 1, 1995]
A.
There shall be a clerk of the Borough appointed by the mayor and
council for a term of three years. Prior to such appointment, the
Borough clerk shall hold a certificate as a registered municipal clerk,
issued by the Director of the Division of Local Government Services
in the Department of Community Affairs, as required by N.J.S.A. 40A:9-133
et seq.
B.
Notwithstanding the above, the mayor and council pursuant to N.J.S.A.
40A-133.4c., may provide for a three year initial appointment, to
th municipal clerk, of an individual who has not completed the specific
course work or the examination requirement set forth in N.J.S.A. 40A:
who is otherwise qualified under that section. Any such appointment
shall be contingent upon the requirement that the individual undert
appropriate course work and take the examination during the term of
that appointment.
[Prior code § 2-6.2; amended by Ord. 91-3 § 6, 1991]
The Borough clerk shall serve as the secretary of the municipality
and custodian of the municipal seal and of all minutes, books, deeds,
bonds, contracts and archival records of the municipality. The clerk
shall attend all meetings of the council and of such committees when
required by the chairperson, and shall keep the minutes of the meetings
of the council and of such committees. The minutes of each meeting
of the council shall be signed by the officer presiding at the meeting
and by the clerk. The governing body may appoint by ordinance that
any other specific officer shall have custody of any specific other
class of record.
[Prior code § 2-6.3; amended by Ord. 91-3 § 6, 1991; Ord. No. 2015-05, § 1, 4-28-2015]
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,
the clerk shall also record and certify the proof of publication thereof,
as required by law.
B.
Each resolution so recorded shall be signed by the clerk, who shall
attest that it was duly adopted upon a date stated, and when so signed,
the recorded copy shall be deemed to be a public record of the Borough.
Any omission by the clerk to record, sign or certify as required in
this chapter shall not impair or affect the validity of any resolution
which has been duly adopted.
C.
Each ordinance shall be presented by the clerk to the mayor within
five days after its passage upon second reading, Sundays excepted.
The clerk shall deliver any veto or partial veto statement received
from the mayor to the council, or notify council that there has been
no such return by the mayor within 10 days after the mayor's
receipt of such ordinance, as the case may be. When an ordinance is
ultimately passed, it shall be recorded by the clerk, who shall attest
that it was duly adopted upon a date stated, and a recorded copy thereof
shall be deemed to be a public record of the ordinance. Any omission
as to execution and recording shall not impair the validity or effect
of the ordinance.
D.
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 or she shall also properly index the record books,
compilation or codification of ordinances and resolutions.
[Prior code § 2-6.4]
The clerk shall have custody of and shall 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 council.
He or she shall, upon request and upon the payment of the fees prescribed
therefor by resolution of the council for the use of the Borough,
furnish a certified copy of any such paper in his or her custody under
the corporate seal of the Borough.
[Prior code § 2-6.5]
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 or her office, or to certify any act or paper which
from the records in his or her office shall appear to have been a
public act of the Borough or a public document. He or she shall not
affix the seal or cause or permit it to be affixed to any other instrument,
writing or other paper unless required by law or ordinance.
[Prior code § 2-6.6]
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 or 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 all formal contracts for work, labor, services, supplies,
equipment and materials to which the municipality 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 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.
[Prior code § 2-6.7]
No rule or general regulation made by any department, officer,
agency or authority of the Borough, except such as relates to the
organization or internal management of the municipal government or
a 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 or her office during business hours.
[Prior code § 2-6.8; amended by Ord. 91-3 § 6, 1991]
A.
Serve as chief register of voters of the Borough and perform all
functions required of municipal clerks by the General Election Law
pursuant to Title 19 of the Revised Statutes;
B.
Serve as the administrator of the provisions of Borough ordinances
responsible for acceptance of applications for licenses and permits
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.
Serve as the chief administrative officer for all elections held
within the Borough, subject to requirements of Title 19 of the Revised
Statutes;
D.
Serve as the coordinator and records manager responsible for implementing
the retention of local archives and record programs as mandated pursuant
to Title 47 of the Revised Statutes;
E.
Perform such other duties as are now or hereinafter imposed by statute,
regulation or ordinance or delegated to the clerk by the mayor and
Borough council.
[Prior code § 2-6.9; amended by Ord. 91-3 § 6, 1991]
A.
The mayor and council of the Borough shall provide the municipal
clerk with all means necessary in the defense of any action or legal
proceeding arising out of and directly related to the clerk's
lawful exercise of authority in furtherance of official duties, except
for:
B.
In the event a disciplinary or criminal proceeding shall be dismissed
or finally determined in favor of the municipal clerk, the Borough
shall reimburse the municipal clerk for reasonable costs of the defense.
Where such costs of the defense are based on the same hourly rate
authorized by the Borough for services rendered to it by the Borough
solicitor, there shall be a presumption that the hourly rate is reasonable.
