All legislative power of the Borough shall be
exercised by the Borough Council pursuant to the Charter except as
may be otherwise provided by general law. The Borough Council, in
addition to such other powers and duties as may be conferred upon
it by the Charter or otherwise by general law, may require any municipal
officer to prepare and submit sworn statements regarding his or her
official duties and the performance thereof and may investigate the
conduct of any department, office or agency of the municipal government.
[Amended 12-30-2010 by Ord. No. 2010-15]
The Council shall consist of the Mayor and four
Councilpersons. Members of the Council shall be elected at large by
the voters of the municipality on the Tuesday after the first Monday
in November, or such other day that the general election in November
may be held as provided by law, in the years in which municipal officers
are to be elected, and shall serve for a term of three years beginning
on the first day of January next following their election. The Mayor
shall be elected, however, for a term of four years beginning on the
first day of January next following his or her election.
[Amended 6-28-2022 by Ord. No. 2022-7]
The Borough Clerk shall serve as Clerk of the
Borough Council and shall be appointed by the Mayor with the advice
and consent of Council, pursuant to N.J.S.A. 40:69A-122. He or she
shall attend and keep the minutes of all meetings of the Borough Council.
The minutes shall be signed by the Clerk, subject to the approval
of the Borough Council.
A. The Clerk shall record all ordinances of a permanent
character in books to be provided for that purpose. After each ordinance
he or she shall also record and certify 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 recorded copy shall be
deemed to be a public record of the ordinance. Any omission by the
Clerk or the Mayor to record, sign or certify as herein required shall
not impair or affect the validity of any ordinance which has been
duly adopted.
B. At the close of each year, or sooner, the Clerk, with
the advice and assistance of the Borough Attorney, shall bind, compile
or codify all the ordinances, or true copies thereof, which then remain
in force and effect. He or she shall also properly index and certify
the record books, compilation or codification of ordinances. The Borough
Council may arrange for the rendering of the Clerk's services by a
consulting firm.
C. The Clerk shall maintain custody of and safely keep
all records, books and documents of the Borough, except those committed
by ordinance to any other office or transferred thereto by the Borough
Council. He or she shall, on request and the payment of the fees prescribed
therefor by resolution of the Borough Council or state statute for
the use of the Borough, furnish a certified copy of any such public
document as defined by statute in his or her custody under the Corporate
Seal of the Borough.
D. 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 Borough 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 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.
E. The Clerk, subject to the supervision of the Mayor
and Borough Council, shall:
(1) Except as otherwise provided by this chapter, be the
depository and custodian of all official surety bonds, letters of
credit or negotiable instruments 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 Borough may be a party.
(2) 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.
(3) Have custody of all deeds and leases of property owned
by the Borough.
(4) Report to the Borough 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 public leases, the rent received by each and their
respective expiration dates.
(5) Perform such other duties as assigned to him or her
by the Mayor and/or the Mayor and Borough Council.
There may be a Deputy Clerk appointed by the
Council, who shall have, exercise and perform the functions, powers
and duties of the Clerk in the absence or upon the direction of the
Clerk.
Vacancies in the office of Mayor and Council
shall be filled in the manner provided by the Municipal Vacancy Law
(N.J.S.A. 40A:16-1 et seq.).
The Borough Council shall at its annual reorganization
meeting as provided for hereinafter select a Council President from
among its members (other than the Mayor). The Mayor shall preside
over all meetings of the Council. In the absence of the Mayor, the
Council President shall preside. In the absence of the Mayor and Council
President, the Borough Council shall select a temporary presiding
officer from among its members.