This article shall be known as the "Office of the Town Clerk of the Town of Brookhaven Law."
A. 
Word usage. Whenever used in this article, words used in the singular include the plural and vice versa.
B. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
DEPUTY TOWN CLERKS
The Deputy Town Clerks 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.
OFFICE
The Town of Brookhaven Office of the Town Clerk, which shall perform a major function of Town government.
REGISTRAR
The Registrar of Vital Statistics of the Town of Brookhaven appointed and holding office pursuant to §§ 4121 and 4123 of the Public Health Law.
TOWN CLERK
The elected public official who shall be the chief executive officer of the office.
A. 
There shall be in the Town of Brookhaven an Office of the Town Clerk. The principal executive officer and administrative head of such Office shall be the Town Clerk, who shall be elected to said office for the term fixed by law, as set forth in Chapter 18A of the Code of the Town of Brookhaven, at such salary as may from time to time be fixed by the Town Board. The Town Clerk shall be the head of the Office, with the 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 two Deputies, at such salaries as may from time to time be fixed by the Town Board, 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 article, 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.
D. 
The Town Clerk shall have such powers as prescribed by law as shall be necessary for the proper administration of the Office consistent with applicable provisions of law.
A. 
Licenses and records. The Town Clerk shall administer, supervise and manage all necessary procedures regarding the issuance of licenses and permits authorized under law on behalf of the Town of Brookhaven, keep and maintain records thereon and collect all required fees thereof.
B. 
Legislative administration and information. The Town Clerk shall administer, supervise, manage and perform all functions and duties as Clerk of the Town Board of the Town of Brookhaven 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.
C. 
Vital statistics. The Town Clerk, as the registrar, shall administer, supervise and manage the filing, recording and certifying of all certificates, oaths and other papers and documents required by law and collect all required fees thereon, at such additional salary as may from time to time be fixed by the Town Board.
D. 
Public information. Individual department, division or bureau heads shall make available records to the public in compliance with the New York State Freedom of Information Law.[1] The Town Clerk, as the custodian of all the records, books and papers of the Town, shall be the appeals officer for the purpose of any denial to records access pursuant to any request made under the New York State Freedom of Information Law. The Town Clerk, as the custodian of all the records, books and papers of the Town, can direct any officer, department, division or bureau head or committee chairman as to the proper care, handling and disposition of any and all Town records, books and/or papers.
[1]
Editor's Note: See Public Officers Law § 84 et seq.
E. 
The Town Clerk shall be empowered to perform such other duties and functions that are prescribed to be performed by him in any local law 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 or other duly appointed assistant.
F. 
Special districts. All costs and expenses incurred by the Office or its officers or employees on behalf of a special improvement district or special Town project shall be charged against such district or project and paid for 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 Board shall establish for the Town Clerk a schedule of fees to be collected by him for:
A. 
The filing in his office of any map or written instrument required to be so filled.
B. 
The preparation of any copy of a map or written instrument filed in his office.
C. 
Certifying any such map or written instrument.
D. 
Any other service rendered in connection with the work of his office and for which the Town Board deems it necessary to charge and to collect a fee therefor, except those fees set by another governmental entity over which the Town Board exercises no control.