[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.
[1]
Editor's Note: See Ch. 14, Court.
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.
[1]
Editor's Note: See Ch. 14, Court.
[Added 9-14-1992 by Ord. No. 92-14; amended 4-22-1998 by Ord. No. 98-10[1]]
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,[2] 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.
[2]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
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.
[1]
Editor's Note: This ordinance also required that the application fee set forth herein shall take effect immediately. Furthermore, in accordance with P.L. 1997, c. 256, Section 6c (N.J.S.A. 2B:24-6c), the Borough shall not be required to pay for expert and lay investigation or testimony prior to 3-22-1999.
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.
[1]
Editor's Note: Section 5-39, Assessor of Taxes, was previously included as § 5-9 of this chapter, but was relocated from Art. II, Elective Officials, to Art. V, Appointive Officials.
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:
(a) 
Boulevards.
(b) 
Avenues.
(c) 
Streets.
(d) 
Roads.
(e) 
Sidewalks.
(f) 
Curbs.
(g) 
Sewers.
(h) 
Storm drains.
(i) 
Public buildings.
(j) 
Public places.
(k) 
All public works of the Borough.
(l) 
Parks.
(m) 
Sanitation.
(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.
[1]
Editor's Note: Former § 5-42, Personnel Supervisor, was repealed 9-7-2022 by Ord. No. 2022-11. See now § 5-43, Administrative Officer.
[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.