[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Certain offices of the Borough shall be filled by appointment
unless otherwise specified. Such appointments shall be made by the
Mayor with the advice and consent of the Council, including the filling
of vacancies which shall be for the unexpired term only. The method
of appointment shall be as provided in N.J.S.A. 40A:60-5 and 40A:60-6.
The term of each office shall be as provided by statute and Borough
ordinances.
A. Appointment,
qualifications and compensation. The Mayor, with the advice and consent
of Council, shall appoint a Borough Clerk for the term prescribed
by law. Prior to his appointment, the Borough Clerk shall have been
qualified by training and experience to perform the duties of his
office. He shall serve as the Clerk of the Council and have such other
functions, powers and duties as are provided by law. He shall acquire
tenure of office after five years of continuous service and as provided
by law. The compensation of the Borough Clerk shall be as set forth
in the annual Salary Ordinance.
B. Employees
in office of Clerk. The number and type of employees in the Borough
Clerk's office shall be as determined by the Mayor and Council.
[Added 6-14-1995 by Ord.
No. 95-15]
There is hereby created in and for the Borough of Kenilworth
the position of Deputy Borough Clerk. Said position shall be subject
to the provisions of N.J.S.A. 40A:9-135 and shall be further subject
to the duties and responsibilities established by the governing body
as may be amended from time to time in the position's job description.
[Added 6-14-1995 by Ord.
No. 95-15]
The term of the office of the Deputy Borough Clerk shall be
for one year. The term shall run from January 1 in the year in which
the individual is appointed. All vacancies in the office of Deputy
Borough Clerk shall be filled for the unexpired term only.
[Added 6-14-1995 by Ord.
No. 95-15]
The Deputy Borough Clerk shall be appointed by the Mayor with
the confirmation of a majority of the members of the Council.
[Added 6-14-1995 by Ord.
No. 95-15]
The Deputy Borough Clerk shall have all the powers and duties
established by formal job description adopted by the governing body,
as may be amended from time to time. In the absence of the Borough
Clerk or in case of vacancy in the Borough Clerk's position, the Deputy
Borough Clerk shall exercise all of the powers and carry out all of
the duties and responsibilities of the Borough Clerk.
There shall be a Judge of the Municipal Court of the Borough
of Kenilworth. 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.
The Borough Attorney shall be appointed by the Mayor, with the
advice and consent of the Council, but need not serve full time and
shall be compensated by such retainer as shall be approved by the
Council. He shall serve for a term of one year, as provided by N.J.S.A.
40A:9-139.
A. Office
created. There is hereby created the office of Borough Municipal Prosecutor,
pursuant to N.J.S.A. 2B:25-4a. The term of office of Borough Municipal
Prosecutor shall be one year.
[Amended 1-24-2001 by Ord. No. 2001-1]
B. Compensation.
The Borough Prosecutor shall be paid a retainer as may from time to
time be provided by ordinance and, in addition thereto, shall be paid
for additional services performed by him as and when bills are presented
to and approved by the Borough Council of the Borough of Kenilworth.
C. Duties.
It shall be the duty of the Borough Prosecutor to prosecute cases
before the Municipal Court of the Borough of Kenilworth and to represent
the interest of the Borough of Kenilworth in the prosecution of any
appeal resulting from a conviction in the Municipal Court of the Borough
of Kenilworth, unless otherwise directed by Borough Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D. Alternate Municipal Prosecutor. The Mayor may, with the advice and
consent of the governing body, appoint one or more Alternate Municipal
Prosecutors who shall be designated "Alternate Municipal Prosecutor
No. 1," "Alternate Municipal Prosecutor No. 2," and so on. Any such
alternate(s) may, but need not be, a legal associate or partner of
the Municipal Prosecutor. The Alternate Municipal Prosecutor shall
serve in the absence and/or unavailability of the Municipal Prosecutor
to ensure that the timely and effective administration of justice
in the Municipal Court is not interrupted. The compensation to be
paid to such Alternate Municipal Prosecutor(s) shall be fixed by ordinance.
[Added 1-24-2001 by Ord.
No. 2001-1]
The Borough Treasurer shall be appointed by the Mayor with the
advice and consent of the Council. He shall hold office for one year.
The salary of the Borough Treasurer shall be as set forth in the annual
Salary Ordinance. The Mayor and Council may grant tenure in office
to any person who shall have held the office of Borough Treasurer
for 10 consecutive years, as provided by N.J.S.A. 40A:9-152.
A. Appointment. The Municipal Engineer shall be appointed by the Mayor
with the advice and consent of the Council.
B. 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 as a professional engineer.
C. Duties. The Municipal Engineer shall perform the duties as required
by law and by the ordinances of the Borough of Kenilworth. The Borough
Engineer shall render written reports to the Public Works Committee
Chairperson every 60 days or sooner if requested by the Public Works
Committee Chairman, with a copy to the Borough Clerk, stating his
specific recommendations and opinions, as well as a listing of work
performed by him and problems referred to him, stating how he resolved
the same.
[Amended 2-25-1986 by Ord. No. 864]
D. Term. The term of office of the Municipal Engineer shall be for one
year unless otherwise provided by law.
[Added 2-14-1989 by Ord.
No. 89-4]
A. Office created. There is hereby created the position of Chief Financial
Officer.
B. Appointment. The Chief Financial Officer shall be appointed by the
Mayor with the advice and consent of the Council.
C. Term. The term of the Chief Financial Officer shall be for one year.
The first appointee shall serve to January 1 of the year following
such appointment. All subsequent appointments shall be for the full
term of one year, to take effect as of January 1 unless the office
holder shall qualify for tenure of office pursuant to N.J.S.A. 40A:9-140.8.
D. Qualification. Such appointee shall be certified as a municipal finance
officer pursuant to the certification requirements of N.J.S.A. 40A:9-140.1
et seq.
E. Compensation. The salary of the Chief Financial Officer shall be
established by ordinance in the manner set by law.
F. Duties. The Chief Financial Officer shall perform the duties required
by law and by the ordinances of the Borough of Kenilworth, which shall
include the following:
[Amended 12-14-1993 by Ord. No. 93-29]
(1) Assisting the Mayor and members of the governing body in the preparation
of the annual budget.
(2) Supervision of the posting and maintenance of all books of original
entry of all funds.
(3) Compliance with N.J.S.A. 40A:2-1 et seq. (Local Bond Law), N.J.S.A.
40A:4-1 et seq. (Local Budget Law), N.J.S.A. 40A:5-1 et seq. (Local
Fiscal Affairs Law), N.J.S.A. 40A:11-1 et seq. (Local Public Contracts
Law) and N.J.A.C. 5:30 et seq. (Community Affairs).
(4) Supervision of the preparation of monthly reports for the Treasurer,
Tax Collector and investments.
(5) Compliance with all Department of Community Affairs, Division of
Local Government Services, directives.
(6) Compliance with single audit requirements.
(7) Development of an internal control system to safeguard municipal
assets.
(8) Supervision of petty cash and change funds.
(9) Preparation and signing of annual financial statement, annual debt
statement and supplemental debt statement.
(10) Coordination of bank reconciliations.
(11) Custody of all public funds.
(12) End of fiscal year report of all revenues and expenditures.
(13) Supervision over the maintenance of separate accounts for all municipal
budget appropriations.
(14) Suggestion of recommendations for better management of municipal
finances.
G. He/she shall also:
[Added 12-14-1993 by Ord.
No. 93-29]
(1) Maintain the Borough's accounting records and prescribe and enforce
a uniform system of accounts for all departments, offices and agencies
of the Borough government.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2) Maintain a centralized payroll system with the use of a computer
system when directed.
(3) Preaudit all bills, claims and demands against the Borough.
(4) Certify all proposed contract resolutions and ordinances submitted
prior to passage by the Municipal Council as to available appropriation
in conformity with general law, the Charter and ordinances of the
Borough.
(5) Control all expenditures to ensure that budget appropriations are
not exceeded.
(6) Prepare all preliminary work in connection with the Borough budget
to include all required adjustments.
(7) Prepare all required data in connection with the Borough debts and
bond sales.
(8) Have control over all the investments of the Borough and be responsible
for the safekeeping of all bonds and notes of the Borough and ensure
that required statutory expenditures are made when due.
(9) Maintain all Borough records on a centralized computer system when
directed to do so.
(10) Require reports of receipts and disbursements from each department,
office and agency of the Borough government to be made daily or at
such intervals as he/she may determine will most efficiently protect
the Borough's interest.
(11) Control all expenditures to ensure that budget appropriations are
not exceeded and pass upon each proposed expenditure for conformity
with general law, the Charter and ordinances of the Borough, and,
unless he/she shall certify that there is an unencumbered balance
of appropriation and available funds, no appropriation shall be encumbered
and no expenditure shall be made.
H. He/she shall also be responsible for pre-auditing and control of
all Borough revenues and expenditures, the management of the Borough's
investment program and the management of the Borough's debt and development
of sound financial policies for recommendation to the Mayor and Council.
[Added 12-14-1993 by Ord.
No. 93-29]
[Added 12-14-1993 by Ord.
No. 93-30]
A. The Mayor will, with the advice and consent of the Council, appoint
a Tax Collector for the Borough pursuant to N.J.S.A. 40A:9-141.
B. Term of office. The Tax Collector shall hold office for a term of
four years from the first day of January next following his appointment.
Vacancies other than due to expiration of term shall be filled by
appointment for the unexpired term.
C. Qualifications. Any person appointed to the position of Tax Collector
must first establish that he possesses the requisite certification
as required by N.J.S.A. 40A:9-145.2.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Municipal Court Administrator shall be appointed by the
Mayor with the advice and consent of the Council. He shall hold office
at the pleasure of the Council. The Administrator of the Municipal
Court shall receive an annual salary to be determined by the Mayor
and Council, which shall be paid in the same manner as the salaries
of other municipal officers are paid and which shall be in lieu of
all fees, costs and other allowances whatsoever. He shall perform
such functions and duties as shall be prescribed for him by the law,
the court rules applicable to municipal courts and by the Judge of
the Municipal Court (N.J.S.A. 2B:12-10 et seq.). The Administrator
of the Municipal Court shall keep the docket of the Municipal Court;
send out such notices as the Judge of the Municipal Court shall order;
collect fines from persons convicted of violations of any regulation,
ordinance or law in the Municipal Court; keep records of postponements
of court appearances; and perform such other duties as may be prescribed
by law and the court rules applicable to municipal courts and by the
Judge of the Municipal Court.
[Added 9-14-1992 by Ord.
No. 92-14; amended 4-22-1998 by Ord. No. 98-10]
A. Appointment and compensation. A Public Defender for the Borough of
Kenilworth is hereby appointed to represent such indigent defendants
who appear before the Municipal Court of the Borough of Kenilworth
as shall be assigned to the Public Defender by the Municipal Court
Judge in accordance with law and whenever justice so requires. The
Public Defender shall be an attorney at law of the State of New Jersey,
shall be appointed by the Mayor with the consent of the Council for
a term of one year effective January 1 of the year of appointment
and shall receive such fixed annual compensation as shall be provided
by the Salary Ordinance.
B. Application fee. Any person applying for representation by a Municipal
Public Defender in the Borough of Kenilworth shall pay an application
fee of not more than $200 to the Municipal Court Clerk at the time
of the application. The amount paid shall be only an amount necessary
to pay the costs of the Municipal Public Defender services. The Court
may waive the required fee in whole or in part if the Court determines,
upon a clear and convincing showing by the applicant, that the fee
represents an unreasonable burden on the person seeking the services
of the Public Defender. The Municipal Court may permit the applicant
to pay the fee over a specified time not to exceed four months.
C. Eligibility for services. Eligibility for services of the Municipal Public Defender shall be determined by the Municipal Court on the basis of the need of the defendant, except as provided in Subsection
D of this section. Need shall be measured as provided by law and in accordance with guidelines promulgated by the New Jersey Supreme Court. In the event that a determination of eligibility cannot be made before the time when the first services are to be rendered, or if an initial determination is found to be erroneous, the Municipal Court shall refer the defendant to the Municipal Public Defender provisionally; and if subsequently it is determined that the defendant is ineligible the Municipal Court shall inform the defendant, and the defendant shall be obliged to engage his own counsel and to reimburse the municipality for the cost of the services rendered to that time.
D. Investigation of financial status. The Municipal Court shall make
an investigation of the financial status of each defendant seeking
representation and shall have the authority to require a defendant
to execute and deliver written requests or authorizations required
under applicable law to provide the Court with access to records of
public or private sources, otherwise confidential, as may be of aid
in evaluating eligibility. As provided by law, the Court is authorized
to obtain information from any public record office of the state or
of any subdivision or agency thereof on request and without payment
of the fees ordinarily required by law.
E. Financial obligation of parents or guardians. As provided by P.L.
1997, Ch. 256, whenever a person entitled to representation by a Municipal
Public Defender pursuant to this act is under the age of 18 years,
the eligibility for services shall be determined on the basis of the
financial circumstances of the individual and the financial circumstances
of the individual's parents or legal guardians.
F. Reimbursement to Borough. Upon completion of the legal services rendered
by the Public Defender, N.J.S.A. 40:6A-1 permits the Borough to create
a lien upon the defendant's property for the cost of the defense provided
to the defendant; N.J.S.A. 40:6A-4 further permits the Borough to
compromise said lien. The Mayor and Council hereby authorize the Municipal
Court Judge, based upon his review of the defendant's financial condition,
to recommend an appropriate sum to compromise the lien. The Municipal
Court Judge shall advise the defendant of his recommendation, and,
upon the defendant's acceptance of the same, said sum shall be paid
to the Municipal Court Administrator to be held in escrow pending
the passage of a resolution by the governing body either approving
or disapproving the compromise sum. In the event that the Mayor and
Council disapprove the sum recommended by the Municipal Court Judge,
the Municipal Court Administrator shall return the funds to the defendant
and the Borough shall retain all of its original statutory lien rights.
G. Establishment of fund. Funds collected from the application fee shall
be deposited in a dedicated fund administered by the Chief Financial
Officer of the Borough. The funds shall be used exclusively to meet
the costs incurred in providing the services of a Municipal Public
Defender, including, when required, expert and lay investigation and
testimony.
H. Deputy Municipal Public Defender. The Mayor may appoint, with the advice and consent of the governing body, one or more Deputy Municipal Public Defenders to serve in the absence or disqualification of the Municipal Public Defender. The compensation to be paid to such Deputy Municipal Public Defender shall be as fixed by the Salary Ordinance and shall be paid from the fund established in Subsection
G herein.
There shall be a Borough Auditor appointed by the Mayor and
Council, who shall be a registered municipal accountant. The Auditor
and the Borough shall enter into a contract of employment not to exceed
one year in duration. The contract shall provide for those additional
duties and obligations of the Auditor not contained in this Code,
required by law and desired by the Mayor and Council, and shall provide
for the compensation to be paid to the Auditor during the term of
the contract.
A. There
shall be one Assessor of Taxes to be charged with the duty of assessing
property for taxation within the Borough of Kenilworth and performing
all the other duties prescribed by law.
B. The
Mayor shall nominate and, with the advice and consent of the Council,
appoint the Assessor of Taxes. The Mayor shall make such nomination
within 30 days after the office becomes vacant. If the Mayor fails
to nominate within said 30 days or the Council fails to confirm any
nomination made by the Mayor, then after the expiration of said 30
days the Council shall appoint the Assessor of Taxes. No appointment
shall be made except upon the vote of a majority of the members of
the Council present at the meeting, provided that at least three affirmative
votes shall be required for such purpose. The Mayor shall have no
vote except in the case of a tie.
C. The
Tax Assessor shall hold office for a term of four years from the first
day of July next following his appointment.
A. There shall be appointed an officer of the Borough of Kenilworth
to be known as the "Superintendent of Public Works."
B. The duties of the Superintendent of Public Works shall be as follows:
(1) Being the designated Road and Sewer Inspector for the Borough of
Kenilworth.
(2) Keeping and maintaining accurately all records pertaining to the
Department of Public Works in reference to purchases, receipts, expenditures,
inventory, personnel and all work performed by any employees connected
with this Department and all other matters relating thereto.
(3) Personal supervision of the maintenance of all Borough-owned property
or property under municipal control such as:
(k)
All public works of the Borough.
(4) Being responsible for the collection, removal and disposal of all
garbage and ash and waste in the Borough of Kenilworth.
(5) Supervision of shade tree planting, maintenance and removal.
(6) Cooperating with the Police Department, Recreation Committee and
all other departments in the Borough of Kenilworth.
(7) The maintenance and care of all vehicles, machinery, tools and apparatus
used in connection with this Department shall be in his charge. He
shall make minor repairs to roads, police and fire equipment and shall
see that the equipment is maintained in running order, free from mechanical
defects.
(8) Any other duties prescribed by resolution of the governing body of
the Borough of Kenilworth not inconsistent with this chapter and pertaining
generally to the Department of Public Works. He shall discharge such
other duties, as the Mayor and Council may impose from time to time,
consistent with the duties specifically set forth in this chapter.
He shall be under the supervision of the Mayor and Council, and when
not contrary to any rule or regulation or resolution or ordinance
of the governing body, he shall be under the supervision of the Mayor
or the Chairperson of the Public Works Committee.
C. The Superintendent of Public Works shall be appointed by the Mayor
with the advice and consent of the Council.
D. The Superintendent of Public Works shall be appointed for a period
of one year commencing on the first day of January until the 31st
day of December of each year unless he shall qualify for tenure of
office under the statutes in such case made and provided.
[Added 4-8-2020 by Ord. No. 2020-04; amended 9-7-2022 by Ord. No. 2022-11]
A. There is hereby created the position of Administrative Officer.
B. The Administrative Officer shall serve at the discretion of the Mayor
and Council. Said person shall receive such compensation as the Mayor
and Council may determine. Said salary shall be established in the
salary ordinance of the Borough.
C. The Administrative Officer need not be a resident of the Borough.
D. The Administrative Officer shall have such administrative duties
and functions as shall be delegated to him/her by the Mayor and Council.
The Administrative Officer of the Borough shall be responsible to
the Mayor and Council for the administration of all Borough affairs
and the following powers and duties:
(1) Attend all meetings of the Mayor and Council and such other meetings
as directed by the Mayor and Council.
(2) Provide a liaison between the Mayor and Council and various municipal
boards, agencies and departments of the Borough and its professional
advisors.
(3) Keep the Mayor and Council currently informed on all matters assigned
to him/her or otherwise within his/her jurisdiction.
(4) Make studies and surveys of the municipal problems of the Borough
as shall be assigned by the Mayor and Council and prepare and submit
written reports of his/her findings and recommendations to the Mayor
and Council for its consideration and action.
(5) Be responsible for continually improving communications between the
various Borough personnel, departments, agencies, boards and the Mayor
and Council.
(6) Have the authority to carry out those designated responsibilities set forth in the Borough's Municipal Code including, but not limited to, those set forth in Chapter
37.
(7) Make any recommendations which are believed will increase the efficiency
of the operation of the Borough.
(8) Perform the following personnel-related duties:
(a)
Maintain a list of the pension employees of the Borough which
shall show in connection with each name:
[1]
The date of employment of the pension employee and, if applicable,
the dates of his promotion, reduction, suspension, discharge or reinstatement.
[2]
The nature of duties of the pension employee.
[3]
The title and compensation of the pension employee.
[4]
A statement as to whether the pension employee is a veteran
or otherwise.
[5]
Such other employment information as deems necessary and desirable.
(b)
Each appointing authority shall forthwith report to the Administrative
Officer as to any appointment, employment, promotion, reduction, suspension,
discharge and reinstatement:
[1]
The name of the person affected.
[2]
The nature and effective date of the action taken.
[3]
Such other information as the Administrative Officer may require.
(c)
Every pension employee of the Borough shall, within five days
of his/her appointment or employment, report to the Administrative
Officer and furnish him/her with such information as he/she may require
to comply with this chapter and other provisions of law.
(d)
The Administrative Officer shall have the power to set and enforce
policies and procedures with respect to day-to-day operations including,
but not limited to, attendance, hours of work, and use of leave time,
including required approval and documentation.
(e)
Such other administrative duties assigned by the governing body.
(f)
The purpose of this section is to supplement existing ordinances
governing the personnel policies of the Borough, and nothing herein
contained shall be deemed to repeal or amend any such existing ordinances.