Certain offices of the Borough shall be filled
by appointment unless otherwise specified; such appointments shall
be made by the Mayor with the advice of and consent of the Council,
including vacancies, which shall be for the unexpired term only. The
method of appointment shall be as provided in N.J.S.A. 40:87-16.[1] The term for each office shall be as provided by statute
and Borough ordinances.
[1]
Editor's Note: N.J.S.A. 40:87-16 was repealed
by L. 1987, c. 379.
A.
Term. The Municipal Administrator for the Borough
of Kinnelon shall be appointed by the Mayor with the advice and consent
of the Council. The term of office of the Municipal Administrator
shall be at the pleasure of the governing body.
[Amended 7-20-2006 by Ord. No. 19-06]
B.
Duties. The Municipal Administrator shall assist the
Mayor and Council and perform those duties entrusted and assigned
to him by the Mayor and Council, in addition to the powers and duties
prescribed by the laws of New Jersey.
B.
General duties. The Clerk shall attend all meetings
of the Council, keep a correct record of all its proceedings, have
the power and authority to take and administer oaths and affirmations
in Borough matters and perform all the functions of municipal clerks
as specified by law. In addition, he shall perform such other duties
as the Council may require. (N.J.S.A. 40:87-54[2])
[2]
Editor's Note: N.J.S.A. 40:87-54 was repealed
by L. 1987, c. 379.
C.
Records. In addition to recording ordinances and resolutions
of a permanent character, 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 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 such paper in his
custody, under the Corporate Seal of the Borough. (N.J.S.A. 47:1A-2[3])
[3]
Editor's Note: N.J.S.A. 47:1A-2 was repealed
by L. 2001, c. 404. See now N.J.S.A. 47:1A-5.
D.
Filing of rules, regulations. All rules or general
regulations made by any department, officer, agency or authority of
the municipality shall be filed with the Clerk. The Clerk shall maintain
a current compilation of all such rules and regulations, which shall
be available for public inspection in his office during business hours.
E.
Seal. 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 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 shall not affix
the said Seal or cause it to be affixed to any other instrument or
writing or other paper, unless required by state statute or ordinance
of the Borough of Kinnelon. (N.J.S.A. 40:87-54; 2A:82-14[4])
[4]
Editor's Note: N.J.S.A. 2A:82-14 was repealed
by L. 1999, c. 319.
F.
Duties regarding sureties, bonds, leases; reports
required. The Clerk, subject to the supervision of the Mayor and Council,
shall:
(1)
Be the depository and custodian of all official surety
bonds furnished by or on account of any officer or employee, 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.
(N.J.S.A. 40A:5-34)
(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 leases of property owned by the
Borough.
(4)
Report to the Council, at such time as may be required,
on the coverage, premium and expiration date of each surety bond and
insurance contract and the terms of leases and their expiration dates.
G.
Additional duties. The Clerk shall also:
(1)
Administer the provisions of the Borough ordinances
with reference to the licensing of occupations and activities for
which licenses are required by law or ordinance to be obtained from
the Clerk.
(2)
Keep a calendar of all matters pending before the
Council.
B.
The Deputy Clerk shall perform all of the duties of
an Assistant Borough Clerk and, in addition thereto, shall have all
the powers and perform all the duties of the Borough Clerk during
such times and for such specific periods as the Borough Clerk shall
be absent.
C.
The Deputy Clerk shall be appointed by resolution
of the Mayor and Council and shall be appointed for the term of one
year, commencing January 1 of the year in which he is appointed.
(N.J.S.A. 2A:8-5.8)[1]
There shall be Judge of the Municipal Court
of the Borough of Kinnelon. He shall be appointed by the Mayor with
the advice and consent of the Council and shall serve for three years
and until his successor has been appointed and qualified.
(N.J.S.A. 40:46-6; 40:87-15, 16; 40:87-60;
40:48-10)[1]
The Borough Treasurer shall be in charge of
the custody of the general funds of the Borough. He shall be appointed
by the Mayor with the advice and consent of the Council. His term
shall be one year and until his successor has been appointed and qualified.
[1]
Editor's Note:
N.J.S.A. 40:46-6 was repealed by L. 1971,
c. 200.
N.J.S.A. 40:87-15 and 40:87-16 were repealed
by L. 1987, c. 379. For current statutory provisions regarding boroughs,
see N.J.S.A. 40A:60-1 et seq.
N.J.S.A. 40:87-60 was repealed by L. 1971,
c. 202. See now N.J.S.A. 40A:9-165.
N.J.S.A. 40:48-10 was repealed by L. 1977,
c. 396. See now N.J.S.A. 40A:5-15.
(N.J.S.A. 40:46-6; 40:87-15; 40:87-60)
The Assistant Borough Treasurer shall assist
the Borough Treasurer and exercise his powers during such periods
as the Borough Treasurer shall be absent. His term shall be one year,
beginning on January 1 of the year in which he is appointed and until
his successor has been appointed and qualified.
(N.J.S.A. 40:46-6.23)[1]
A.
Qualifications. To be eligible for appointment, the
appointee shall hold a degree in civil engineering from a recognized
college of engineering and be licensed in the State of New Jersey.
B.
Duties. The Municipal Engineer shall perform the duties
as required by law and the ordinances of the Borough of Kinnelon.
C.
Appointment. The Municipal Engineer shall be appointed
by the Mayor with the advice and consent of the Council.
D.
Term. The term of office of the Municipal Engineer
shall be for one year pursuant to N.J.S.A. 40:87-15.
[Amended 5-15-1980 by Ord. No. 5-80]
[1]
Editor's Note: N.J.S.A. 40:46-6.23 was repealed
by l. 1971, c. 200.
(N.J.S.A. 40:46-6; 40:87-30.2; 40:87-60)[1]
The Superintendent of Public Works shall be
head of the Department of Public Works, and he shall have general
supervision of the care and maintenance of Borough property and facilities.
He shall be appointed by the Mayor with the advice and consent of
the Council. His term shall be three years and until his successor
has been appointed and qualified, unless he has obtained tenure as
provided by law.
[1]
Editor's Note:
N.J.S.A. 40:46-6 was repealed by L. 1971,
c. 200.
N.J.S.A. 40:87-30.2 was repealed by L. 1987,
c. 379. For current statutory provisions regarding boroughs, see N.J.S.A.
40A:60-1 et seq.
N.J.S.A. 40:87-60 was repealed by L. 1971,
c. 202. See now N.J.S.A. 40A:9-165.
(N.J.S.A. 40:46-8; 40:87-15, 87-18; 40:87-60)[1]
The Building Inspector, designated the "Building
Official" in the Building Code, shall inspect the construction, and
alteration of buildings and shall enforce requirements of the Building
Code. He shall be appointed by the Mayor with the advice and consent
of the Council. His term shall be one year from January 1 of the year
in which he is appointed and until his successor has been appointed
and qualified.
(N.J.S.A. 40:87-15; 40:46-6, 40:87-60)
The Assistant Building Inspector shall assist
the Building Inspector in the performance of his duties and shall
perform the duties of the Building Inspector in the absence of the
Building Inspector. He shall be appointed by the Mayor with the advice
and consent of the Council. His term shall be one year from January
1 of the year in which he is appointed and until his successor has
been appointed and qualified.
(N.J.S.A. 40:87-15)
Designation to the office of Zoning Officer shall be made by the Mayor with the advice and consent of the Borough Council of the Borough of Kinnelon. The term of office shall be for one year, commencing on January 1 of the year in which appointed. Any vacancy in the office shall be filled by the Borough Council for the unexpired term only. The duties of the Zoning Officer are set forth in Chapter 207 of the Code of the Borough of Kinnelon.
(N.J.S.A. 26:3-19)[1]
Appointive officials relative to the health regulations of the Borough are as set forth in Chapter 17, Health, Board of, of the Code of the Borough of Kinnelon. Such provisions cover the appointment and the terms of office of a Sanitary Inspector and a Registrar of Vital Statistics and the designation by the Board of Health of a President and a Secretary.
(N.J.S.A. 40:46-4; 40:87-15; 40:46-6)[1]
The Borough Attorney shall be appointed by the
Mayor and Council for the term of one year from the first day of January
of the year of his appointment and until his successor has been appointed
and qualified. He shall be an attorney-at-law of New Jersey but need
not be a resident of the Borough.
[1]
Editor's Note:
N.J.S.A. 40:46-4 was repealed by L. 1971,
c. 200.
N.J.S.A. 40:87-15 was repealed by L. 1987,
c. 379. For current statutory provisions regarding boroughs, see N.J.S.A.
40A:60-1 et seq.
N.J.S.A. 40:46-6 was repealed by L. 1971,
c. 200.
A.
The Attorney shall have such powers and perform such
duties as are provided for his office by general law or the ordinances
of the Borough of Kinnelon. He shall represent the Borough in all
judicial and administrative proceedings in which the municipality
may be a party or have an interest, and shall, at the direction of
the governing body, represent its elected and appointed officers,
departments and agencies in judicial and administrative proceedings
in which they shall be a party or have an interest. He shall give
all legal counsel and advice where required by the Council or any
member thereof and shall, in general, serve as the legal advisor to
the Council on all matters of Borough business. In furtherance of
such general powers and duties, but without limitation thereto, the
Borough Attorney shall:
(1)
Draft or approve as to form and sufficiency all legal
documents, contracts, deeds, ordinances and resolutions made, executed
or adopted by or on behalf of the municipality.
(2)
With the approval of the Council, conduct appeals
from orders, decisions or judgments affecting any interest of the
Borough as he may in his discretion determine to be necessary or desirable
or as directed by Council.
(3)
Subject to the approval of the Council, have power
to enter into any agreement, compromise or settlement of any litigation
in which the Borough is involved.
(4)
Render opinions in writing or verbally upon any question
of law submitted to him by the Council or any member thereof with
respect to their official powers and duties, and perform such duties
as may be necessary to provide legal counsel to the Council and Mayor
in the administration of municipal affairs.
(5)
Supervise and direct the work of such additional attorneys
and technical and professional assistants as the Council may authorize
for special or regular employment in or for the municipality.
B.
The following duties of the Borough Attorney shall
be covered by his annual retainer:
(1)
Attendance at all public and caucus meetings of the
governing body.
(2)
Preparation of all resolutions.
(3)
Preparation of all ordinances and amendments to ordinances
except those which, because of the introduction of some new concept
or other reason, will require extra service.
(4)
Preparation of contracts which relate to the services
and purchases of municipal departments in the normal functions of
the municipal body.
(5)
Rendering of legal opinions to and consulting with
the Mayor and Council and municipal department heads. Counsel would
be available for such consultations and legal opinions on all inquiries
by phone or by letter.
|
All other services shall be on a fee basis as
authorized by the Mayor and Council. All invoices for legal services
shall be subject to Council approval.
|
All original copies of papers, documents, memoranda,
reports and all other materials relating to the administration of
the legal duties of the Attorney shall be and remain the property
of the Borough. Upon the termination of his services with the Borough,
the Attorney shall forthwith surrender to any successor all such property
at no cost, together with a written consent to the substitution of
any successor all legal actions and proceedings then pending to which
the Borough is a party.
(N.J.S.A. 54:5-11)
The Borough Council shall, from time to time
by resolution, designate a bonded official of the municipality to
make examinations of its records as to unpaid municipal liens and
to certify the results thereof. Said official, designated the "Tax
Search Officer," shall thereafter be vested with the power to make
official certificates of searches for municipal liens. The official
designated as the Tax Search Officer shall continue in that capacity
until a new resolution is passed by the Borough Council designating
a replacement, and no other official other than the Tax Search Officer
shall make any official certificate of municipal lien searches.
A physician shall be appointed by the Mayor
with the consent of the Borough Council, to be known as the "Police
Physician." He shall examine all members of the police force and appointees
to the force whenever required by the Police Committee, and shall
report in writing the result of such examinations, with his opinion
as to the physical fitness for police work of the person examined.
He shall be called whenever the services of a physician are required
by the Police Department. Compensation of the Police Physician shall
be fixed by the Borough Council. The Mayor may also appoint, with
consent of the Borough Council, an alternate Police Physician.
(N.J.S.A. 40:46-6; 40:87-15, 16; 40:87-60)
There shall be such other appointive officers
as the Council may deem necessary. Such other positions shall be established,
by ordinance, and such officer shall be appointed by the Mayor with
the advice and consent of the Council. Terms shall be one year and
until their successors have been appointed and qualified.
[Added 3-19-1981 by Ord. No. 4-81]
A.
Term and general duties. (N.J.S.A. 40A:9-141; 40A:9-142)
(1)
The Tax Collector shall be appointed by the Mayor
with the advice and consent of the Borough Council. The term of office
shall be for four years, commencing on January 1 of the year next
following the appointment. Tenure may be obtained under the provision
of N.J.S.A. 40A:9-144 and 40A:9-146.
(2)
The Tax Collector shall collect and hold all moneys
assessed or raised by taxes upon real and personal property within
the Borough.
(3)
The salary and compensation of the Tax Collector shall
be as the Council, from time to time, provides by ordinance or resolution.
B.
Additional duties.
(2)
Within 60 days of the end of the fiscal year when
so required bye the Council, he shall submit a full report and true
statement of Borough finances from the beginning of the previous year.
Two copies of such report and list shall, at the required time, be
filed with the Clerk. Deposits of Borough funds and additional reports
to the governing body shall be made as required by law. (N.J.S.A.
40:87-47; 40:87-48[1])
[1]
Editor's Note: These sections were repealed
by L. 1987, c. 379. For current statutory provisions on boroughs,
see N.J.S.A. 40A:60-1 et seq.
[Added 2-16-1989 by Ord. No. 1-89]
(P.L. 1988, c. 110, N.J.S.A. 40A:9-140.1
et seq.; N.J.S.A. 52:27BB-26 et seq.)
A.
There shall be a Chief Financial Officer of the Borough
of Kinnelon.
B.
Qualifications.
(1)
To be eligible for appointment, the appointee shall
hold the municipal finance officer certificate issued to qualified
candidates who have fully completed examinations held by the Director
of the Division of Local Governmental Services.
(2)
In the event of a vacancy in the position of Chief
Financial Officer, a person who does not have certification may be
appointed to serve as a temporary Chief Financial Officer.
C.
Appointment. The Chief Financial Officer shall be
appointed by resolution of the Mayor and Council.
D.
Term. The term of office shall be two years prior
to the granting of tenure, except that the term of office of a temporary
Chief Financial Officer shall be one year and reappointment may not
be for more than one additional year.
E.
Tenure. A person who has served as Chief Financial
Officer for five consecutive years shall be eligible for tenure and
shall thereafter continue to hold office during good behavior and
efficiency as long as that person continues to hold a municipal finance
officer certificate.
F.
Duties. The Chief Financial Officer shall perform
the duties as required by law and the ordinances of the Borough of
Kinnelon.
