Kenilworth council approves revised bylaws after debate over agenda power

Kenilworth — The Borough Council approved a revision to its bylaws (Resolution 26-4) on Jan. 6 after an extended debate over whether the changes shift agenda-setting power toward the council president or merely clarify statutory language.

The discussion centered on new wording that, according to borough counsel, was intended to align the bylaws more closely with state law and make clearer which items the mayor may request be placed on special meeting and executive-session agendas. Several council members said they had not received a redline copy showing changes and were uncomfortable voting without it. Borough counsel acknowledged that oversight but said the substance had not changed; the language was restructured primarily for clarity.

One council member told colleagues the change ‘‘clarifies the mayor’s participation in the agenda’’ and asked for mutual agreement between the mayor and council president; others said the revision simply restates the clerk’s duty to prepare the agenda as directed by the governing body. Counsel proposed a compromise to allow operational or contract-related requests from the mayor to be placed on the agenda while preserving the council’s legislative role.

After discussion about whether to amend the draft now or adopt it and revise later, the council voted to approve Resolution 26-4. Roll-call results recorded two "No" votes and three "Yes" votes among members present; one member was excused. The adopted language will take effect immediately and may be adjusted at a subsequent meeting if the council decides to revisit the details.

The vote followed multiple exchanges in which council members debated the historical practice — noting the mayor had set agendas for decades — and the practical effect of the revised language. Borough counsel told the council that, under the borough form of government, the clerk prepares agendas as directed by the governing body, and the proposed wording was intended to reflect that statutory framework.

The council’s action means the bylaws now explicitly reference mayoral requests for special meetings and executive sessions and clarify the preparation process for such agendas. Borough staff said the council may move to amend the bylaws again at a future meeting if members want different language on the balance of operational versus legislative agenda items.

The meeting continued with the remainder of the reorganization agenda following the vote.