[HISTORY: Adopted by the Town Board of the Town of Babylon 4-7-1976
by L.L. No. 8-1976. Section 10-12 amended at time of adoption
of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where
applicable.]
GENERAL REFERENCES
Public access to records — See Ch. 176.
A.
Whenever used in this chapter, words used in the singular
include the plural and vice versa.
B.
DEPARTMENT
DEPUTY TOWN CLERK
TOWN CLERK
As used in this chapter, the following terms shall have
the meanings indicated:
The Town of Babylon Department of the Town Clerk, performing a major
function of Town government.
The Deputy Town Clerk appointed and holding office pursuant to § 30,
Subdivision 10, 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.
There shall be in the Town of Babylon 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 the 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 civil service law and other applicable law.
The Town Clerk is empowered herein to appoint a Deputy 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 chapter, by statute
or by other lawful authority.
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
is 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 and duties 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:
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 Supervisor.
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.
The Division of Licenses and Records administers, supervises and manages
all necessary procedures affecting the issuance of licenses and permits authorized
under law on behalf of the Town of Babylon, keeps and maintains records thereon
and collects all required fees thereof.
The Division of Legislative Administration administers, supervises,
manages and performs all functions and duties as Clerk of the Town Board of
the Town of Babylon in the performance of its legislative responsibilities;
supervises all official proceedings and acts of the Town Board; arranges the
posting and publication of all public and legal notices as required by law;
and keeps and safeguards complete and accurate records of official proceedings
and acts of the Town Board and of every board or improvement district of the
Town.
The 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 Babylon
and the issuance of certifications and verifications thereof.
The Town Clerk, acting by and through any of the said existing or hereafter
named Divisions, shall be empowered to perform 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 Town 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 charges 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:
A.
The filing in his office or Department of any map or
written instrument required to be so filed.
B.
The preparation of any copy of a map or written instrument
filed in his office or Department.
C.
For certifying any such map or written instrument.
D.
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.
