[HISTORY: Adopted by the Town Board of the
Town of Huntington 1-25-1983 by L.L. No. 3-1983. Amendments noted where
applicable.]
A.
Word usage. Whenever used in this chapter, words used
in the singular include the plural and vice versa.
B.
DEPARTMENT
DEPUTY TOWN CLERK
TOWN CLERK
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
The Town of Huntington Department of the Town Clerk, which
shall perform a major function of town government.
The Deputy Town Clerk appointed and holding office pursuant
to § 30, Subdivision 10, of the Town Law, who 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.
A.
There shall be in the Town of Huntington 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 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.
B.
The Town Clerk is empowered herein to appoint three
(3) 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 chapter, 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.
C.
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 as prescribed
by law as shall be necessary for the proper administration of the
Department consistent with applicable provisions of law.
A.
The powers and duties of the Department shall be under
the administration, direction and control of the Town Clerk.
B.
The Department shall have the following powers and
responsibilities.
(1)
Administer, supervise and manage all necessary procedures
regarding the issuance of licenses and permits authorized under law
on behalf of the Town of Huntington, keep and maintain records thereon
and collect all required fees thereof.
(2)
Administer, supervise, manage and perform all functions
and duties as Clerk of the Town Board of the Town of Huntington in
the performance of its legislative responsibilities; supervise all
official proceedings and acts of the Town Board; arrange the posting
and publication of all public and legal notices as required by law;
and keep and safeguard complete and accurate records of official proceedings
and acts of the Town Board and of every board or improvement district
of the town.
(3)
Administer, supervise and manage the filing and recording
of all certificates, oaths and other papers and documents required
by law and the issuing of certifications and verifications thereof.
(4)
Administer,
supervise and manage all necessary procedures regarding the issuance
of a one-day marriage officiant license authorized under law on behalf
of the Town of Huntington, keep and maintain records thereon and collect
all required fees thereof. Such license shall only be valid for the
parties to be married as stated on the application and shall expire
upon the earlier of either completion of such solemnization or the
expiration of the marriage license.
[Added 9-12-2023 by L.L. No. 19-2023]
C.
The Town Clerk 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. The Town Clerk shall serve as the Registrar of
Vital Statistics pursuant to the Public Health Law of the State of
New York.
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.
Certifying any such map or written instrument.
D.
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.
If any section, provision or part thereof in
this chapter shall be adjudged invalid or unconstitutional by a court
of competent jurisdiction, then such adjudication shall not affect
the validity of the chapter as a whole or any section, provision or
part thereof not so adjudged invalid or unconstitutional.
This chapter shall be effective when the appropriate
certified copies are filed with the Secretary of State of the State
of New York.
