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Kershenblatt v. Kozmor

Decided: February 9, 1993.

BEATRICE KERSHENBLATT, A COMMISSIONER OF THE CITY OF VENTNOR, PLAINTIFF,
v.
EDWARD P. KOZMOR, ESQ. AND THE CITY OF VENTNOR, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS



Williams, A.j.s.c.

Williams

The issue in this case involves competing claims concerning the power to appoint the municipal prosecutor in the City of Ventnor. Plaintiff, as Director of revenue and finance, claims power of appointment based upon assignment of the municipal court to her department. Defendants assert that the appointment must be made by the entire commission.

The City of Ventnor is governed by three Commissioners pursuant to the Walsh Act. N.J.S.A. 40:70-1 et seq. Three sections of that Act are pertinent.

N.J.S.A. 40:72-2 provides:

The Board of Commissioners established hereunder shall have all the executive, administrative, judicial and legislative powers and duties hereto had and exercised by the mayor and city council and all other executive or legislative bodies in such municipality, and shall have complete control over the affairs of such municipality.

N.J.S.A. 40:72-4 provides:

The executive, administrative, judicial and legislative powers, authority and duties in such municipality shall be distributed into and among five departments except that in municipalities having but three commissioners, three departments shall be designated and provided by the consolidation of the first and third departments and the fourth and fifth departments as follows:

1. Department of public affairs

2. Department of revenue and finance.

3. Department of public safety.

4. Department of public works.

5. Department of parks and public property.

N.J.S.A. 40:72-5 provides:

The board of commissioners shall determine the powers and duties to be performed by each department and shall assign such powers and duties to each ...


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