Report and Recommendations
of the
Charter Study Commission
The City of Asbury Park
Pamela J. Lamberton, Chair
Rita Marano
Duanne Small
Michele Maguire, Vice-Chair
Randy Thompson
Ginny Otley, Secretary
August 5, 2013
SpecialThanks
Ernie Cote
John Frederickson
Halcyon Issacs
Steve Kay
Karen Murphy
Paul Matacera
Jesse Ricks
Lori Ross
Robert Stewart
Consultants
Ernest Reock, Rutgers Continuing Studies Center for Government Service
Kathleen Cupano, Rutgers Continuing Studies Center for Government Service
Frederick Raffetto, Esq. – Ansel Grimm & Aaron
Honorable Raymond A. Hayser, JTC (Ret.)
Contents
1. ExecutiveSummary ............................................................................................................... 1 2. WhatWilltheQuestionLookLike? ...................................................................................... 2 3. AShortHistoryofTheCommunity ...................................................................................... 3 4. TheCurrentFormofGovernment ........................................................................................ 7 5. TheFormationofThe2013AsburyParkCharterStudyCommission ............................ 9 6. InformationonAllTwelveOptionsforMunicipalGovernmentinNewJersey .............. 10 7. NarrowingtheGovernmentOptionsfromTwelvetoTwo .............................................. 18 8. ConsiderationoftheVariables ............................................................................................ 19 9. MoreInformationontheTwoFinalFormsConsidered ................................................... 20 10. Reasons for SelectingtheWeakLegislativeMayorovertheStrongExecutiveMayor 22 11. Timeline After Report Submission ..................................................................................... 23 12. Outreach ............................................................................................................................ 25 Appendix A – Statute 1923 Municipal Manager Act .................................................................... 26 Appendix B – Statute for Council‐Manager .................................................................................. 37 Appendix C – Commission Statute ................................................................................................ 42 Appendix D ‐ Additional Statutes .................................................................................................. 43 Appendix E – Minority Opinion ................................................................................................... 124 1.
ExecutiveSummary
In the General Election of November of 2012 the voters of the City of Asbury Park overwhelmingly
approved a public question to form a Charter Study Commission and also selected its five
commissioners.
The Commission operates under the Optional Municipal Charter Law (OMCL) also known as the
Faulkner Act which delineates the purview of the commission: to study the form of government of
the municipality, to compare it with other available forms under the laws of this State, to determine
whether or not in its judgment the government of the municipality could be strengthened, made
more clearly responsive or accountable to the people or whether its operation could be more
economical or efficient under a changed form of government.
The study of the Commission included availing itself of numerous legal opinions, expert testimony
and input, interviews with dozens of elected and former elected officials from multiple
municipalities across the state including The City of Asbury Park, State Agencies and legislative
offices, County and local agencies as well as conducting independent research. The five
Commissioners which engaged in the intensive nine month study, having come from different
backgrounds, socio-economic statuses, political affiliations and cultural settings has concluded by
majority its recommendations.
The Asbury Park Charter Study Commission has concluded that:
The current form of government does not meet the needs of the people nor does it meet the OMCL
statutory criteria. The current form of government being the 1923 Municipal Manager Act, is an
arcane form of government, which is only utilized in seven municipalities governing a minuscule
(2.6%) of the State's population. Furthermore, this form prohibits voter accountability of the key
decision maker, the City Manager and also prohibits voters the power of initiative and referendum.
Having intensely reviewed the forms of government available under OMCL, the Commission has
found that the Council-Manager form is a modern form of government and will open several
avenues of voter accountability. The Mayor being directly elected allowing voters the power of
initiative and referendum. This form also gives the council fiscal and investigative controls.
The report of the Asbury Park Charter Study Commission is a detailed substantiation of the findings
and recommendations of the Commission.
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2.
WhatWilltheQuestionLookLike?
"Shall the COUNCIL/MANAGER PLAN of the Optional Municipal Charter Law, providing for
FIVE (5) council members to be ELECTED AT LARGE for STAGGERED terms at NONPARTISAN elections held in NOVEMBER, including the Mayor elected DIRECTLY BY THE
VOTERS, WITH RUN-OFF ELECTIONS to be held thereafter if a sufficient number of
candidates fail to attain a majority of votes, be adopted by The CITY OF ASBURY PARK?."
EXPLANATORYSTATEMENTTOACCOMPANYTHEQUESTIONONTHEBALLOT
The voters of the City of Asbury Park will be asked at the general election of November 5,
2013 to approve a change of the City’s form of government from the Municipal Manager form
(N.J.S.A. 40:79-1, et seq.) to the Council-Manager form (N.J.S.A. 40:69A-81, et seq.) under the
Optional Municipal Charter Law, also known as the “Faulkner Act.”
If approved, the City will be governed by a Council of five (5) members, which includes a
directly-elected elected Mayor. The Council will exercise legislative powers and set municipal policy
for the City. The Council shall appoint a Municipal Manager, who will exercise all executive and
administrative powers.
The Mayor will be directly elected by the voters for a term of four (4) years. The remainder of
the Council members shall be elected by the voters for staggered terms of four (4) years each. In
order to initiate staggered terms, two (2) of the first Council members elected under the new form
of government shall serve for only two (2) years, to be determined by lot at the organization meeting
of the first Council.
A municipal election shall be held every two (2) years thereafter. If any candidate does not
achieve a majority of votes in any election, there will be a runoff for that office.
The Council shall be elected at large through non-partisan regular municipal elections
conducted under the “Uniform Non-partisan Elections Law” (N.J.S.A. 40:45-5, et seq.), and held on
the day of the general election in November, rather than on the second Tuesday in May.
If the change of government is approved by the voters, then the first municipal election will
be held in November, 2014, and the new Council will be installed on January 1, 2015.
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3.
AShortHistoryofTheCommunity
Carved from Ocean Township in 1874, Asbury Park was incorporated as a borough by an Act of the
New Jersey Legislature, with a City Commissioner form of government. That is the same year the
first Steinbach store opened in Asbury Park. The borough was reincorporated in 1893. In 1897 it
was again incorporated, but this time as a city, with a City Council form of government. Frank Ten
Broeck served as the first mayor from 1898-1901. In 1904 the Asbury Park Police Department was
created by city ordinance. According to Helen Chantal-Pike’s “Images of America, Asbury Park” the
city’s first volunteer fire department organized in 1877. The City adopted the commission form of
government in 1915 and switched to the 1923 Municipal Manager form which it still has today on
October 10, 1933. In the period 1933-2013 there have been several resident, as well as council,
initiated petitions to change the form of government or parts thereof to no avail.
Asbury Park, NJ
A seaside community, Asbury Park is located on the Atlantic Ocean coast of New Jersey. It was
originally developed as a residential resort by James Bradley, a wealthy brush manufacturer from
New York City. He named the city after the first American Bishop of the Methodist Episcopal
Church in the United States, Francis Asbury.
Bradley purchased the 500 acres of sandy scrub brush (from the ocean to Main Street) for $90,000
by mortgaging his home and his business. A devout Methodist, he sought to help protect Ocean
Grove from places like Long Branch, considered a place of loose morality at the time. But he was
also a businessman and realized he needed to create an attraction to get visitors to come, invest and
spend money so he could recoup any losses and payoff his mortgage.
It appears Bradley designed the city single-handedly and with insight that rivals any urban designers
of today. He even designed the storm sewer system. It was Bradley who installed the first boardwalk
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and band pavilion and allowed the Atlantic Coast Electric Company to offer electric service. As
Bradley succeeded, others were attracted to invest in the area. In 1888 Ernest Schnitzler built the
Palace Merry-go-Round in the southeast which would later develop into an amusement area. Grand
hotels and beautiful ‘Victorian’ homes were built by people seeking the moral Christian locale as well
as the medicinal, restorative sea. Bradley kept a tight rein in his city. He struggled to keep it morally
pure but at the same time visitors came to relax and revel and Asbury Park was a place to ‘party’.
As the summer population reached hundreds of thousands of people another city was forming, this
one to the west across the proverbial ‘tracks’. Bradley had purchased wooded acres from the original
owners and resold them to people who supported the resort community to the east. This “other”
city was named West Park but referred to by locals as The West Side. It was west of the tracks and
north of Asbury Avenue. Here is where the minority populations of Blacks, Jewish, Italians, gypsies,
Germans and Turks lived.
The area to the south of Asbury Park’s West Side was an unincorporated section of Neptune
Township. It was developed by Frederick Burnham and had few services available to its residents.
The people of this area were mostly employed by the residents and businesses of Asbury Park and
of the same ethnic mix.
Most Asbury Park residents had primary homes elsewhere and therefore voted elsewhere. But the
residents of this area (like the residents of the West Side) lived and voted locally. So in 1906, mostly
for political reasons, with the promise of “services” for the residents, Asbury Park annexed this area
and the “official” city became the 1.5 square miles it is today.
Reading “4th of July, Asbury Park”, by Daniel Wolff, it seems conflicts have existed for the
populations of Asbury Park and the West Side from its earliest days. Bradley seems to have been
conflicted about race relations but generally the retail community, as well as hotels owners,
expressed displeasure at the residents from West Park using the Asbury Park beach and amusement
area in the evenings after their work was finished for the day.
At that time the beachfront was still privately owned, as well as the riparian rights, by James Bradley.
Legally he had the right to restrict the use of his private property to those he chose. He chose
temperance, non-smokers, non-gamblers, no dancing and no ragtime! But people were now crossing
the “tracks”, in both directions, to enjoy the vibe on the other side. Asbury Park and West Park were
now moving toward a more common future.
In 1903 the city council was ready to make bold moves to free itself and the city from the aging and
over-bearing Bradley. Bradley had let the boardwalk and pavilions fall into disrepair. The council
challenged Bradley for ownership of the beach. Bradley offered to sell it to the city for $150,000,
which he did. The businessmen of the city took control of the city council and floated its first bond
to pay Bradley. During the 1920s Cookman Avenue was establishing itself as “the place to shop” in
Monmouth County.
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After World War I the “great Black migration” of the United States from the South to the North
resulted in many blacks settling in the affordable neighborhoods of the West Side. Employment
could be found in the homes of the wealthy in Asbury Park or in the businesses and industries (like
the Keystone Laundry) that supported the wealthy.
From 1906 through 1935 Asbury Park experienced major private construction as well as a state-ofthe-art High School on Deal Lake. But where was the money coming from? After the Stock Market
crash many residents lost their fortunes and as a result many of the larger Victorian-era homes were
subdivided as boarding houses or let go to the city for taxes. City financing and debt service became
a problem for the city and in 1935 the State took control of the beachfront. Agreeing to a debt
repayment schedule, control was returned to the city in 1938.
After World War II urban areas such as Asbury Park saw an outflow of the more affluent residents
to the ‘suburbs.’ Asbury Park had always relied on the train system to transport people to the city to
vacation and with the opening of the Garden State Parkway in the 1950’s more people were willing
to travel further to vacation. Monmouth Mall opened in Eatontown in in 1960 and shoppers started
to abandon Cookman Avenue. Even the opening of the amusement park (in 1974) that would
become Six Flags (in 1977) shadowed the rides and amusements on the boardwalk.
Riots that occurred in the city in 1970 destroyed commercial/retail and entertainment venues on
Springwood Avenue on the West Side. The building lots have remained undeveloped for years.
During this same time the state of New Jersey closed its mental hospitals and former patients
flocked to the boarding houses, now available on the East Side of Asbury Park. When new state and
federal laws required municipalities to upgrade sewer plants to processing facilities Asbury Park had
no choice (it tried to get permission to move the plant but was unsuccessful) but to claim an entire
oceanfront city block for the project. Thus ending part of Bradley’s original design of wide-sweeping
avenues to the ocean. From 1970s until 2001 little was accomplished and little changed. More
people moved out of Asbury Park and a more transient population moved in. Many absentee
landlords took advantage of government funded housing programs and collected rents and did little
to maintain or improve properties. The city fell deep into disrepair. The water front area was sold to
developers who never delivered. It took years of legal battles for the city to recover its rights and
when new developers were chosen in 2001, they too failed to deliver. The economic downturn and
stock market crash of the early 21st century took its toll.
From the mid-1990’s through today, three groups of people have held faith in Asbury Park and
invested their varied wealth (be it money or talent or belief) in its future. These three groups are the
‘gay’ community, the artist community and that community of residents (mostly black) who have
stayed and persevered over the years. It is to those three groups that the current resurgence of the
city should be credited. The city is now recovering from that terrible state of disrepair. Residents are
once again ‘crossing the tracks’ to enjoy the vibe on the other side. Majestic Victorian homes are
being restored. The ‘old-timers’ are sharing their stories. The longtime residents, who stayed through
good and bad (some out of choice, others out of necessity), are taking voice and taking action to
improve the City. Art is everywhere and drawing in the day trippers and vacationers. The city is
once again moving toward a common future.
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But that future is not Bradley’s vision. It is not the 1903 City Council vision. It is not the 1935 State
of New Jersey vision. It is not the 1970’s vision. It is not the 2001 City Council vision. That
common vision is NOT to restore Asbury Park to its past glory but rather to unveil an innovative
new Asbury Park that is representative of its unique and diverse citizenry. A city that is constantly
striving toward a cohesive and unified future.
It is therefore time that the government that directs the city be better positioned to meet the
evolving needs and vision of the city’s residents. In order to effectively steer the city and its residents
into the 21st century Asbury Park needs a government that is proactive and not reactive. It needs a
governing body that is responsive and accountable to all of its citizens. It needs a governing body
that is transparent, financially responsible, effective and efficient.
The 2013 Asbury Park Charter Study Commission believes this can be accomplished by updating the
current government structure from the antiquated 1923 City Manager form of government (N.J.S.A
40:79-1 et seq see Appendix A) to the more current Faulkner Act Council/Manager Form of
government (N.J.S.A. 40:69A32 et seq see Appendix B) including all modifications and updates
made to date.
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4.
TheCurrentFormofGovernment
Asbury Park is currently governed by a 1923 Municipal Manager form of government.
The underlying principle of this form of government is the separation of politics and government. It
eliminated wards and partisanship. It separated the legislative function (Council) from the Executive
function (manager). Popular when it was first created in 1923 by the early 1990’s only eight (8)
municipalities continued with this form of government.
The council functions strictly as a legislative body and administrative duties are prohibited. The
council may investigate the administration, may determine internal organization, and may create and
abolish boards and departments. The council appoints a municipal manager, a tax assessor, a
treasurer, an auditor, a municipal clerk, and an attorney. The council may appoint an acting manager
during the manager’s absence. The council does not appoint the treasurer in the Optional Municipal
Charter Law’s Council-Manager Form of government, the recommended form. This power of
appointment is under the manager.
•
The manager is the municipal chief executive and executes laws and policies.
•
The manager prepares the budget for council consideration and attends meetings
with a voice but no vote.
•
The manager recommends improvements and implements
those approved.
•
The manager oversees contracts and franchises and reports violations.
•
The manager appoints and removes department heads and makes all additional
appointments not made by council.
•
The manager runs the municipality like a business.
•
The manager does not make policy - he/she is ideologically neutral. The manager
simply translates the wishes of the council into action, without concern for partisan
or factional advantage.
•
The council is the manager’s only constituency; he/she does not worry about
the views or needs of the broader electorate unless the council instructs.
•
The manager is not a public figure. The closer he/she comes to anonymity among
ordinary citizens, the better the manager is doing his/her job.
•
The mayor is selected by the council from among its own members.
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•
The mayor’s duties, as a result of the 1923 Municipal Manager Law, are mainly
limited to presiding and voting as a member in council meetings and making
appointments to the board of library trustees and the board of education where that
board is not elective.
•
Asbury Park’s five member council is elected to concurrent terms. This means that
all five members are elected to four year terms at the same time. Thus, all their
terms expire at the same time.
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5.
TheFormationofThe2013AsburyParkCharterStudy
Commission
During the past 10 years there have been several voter initiated ballot questions concerning the
current form of government. It became apparent to the City Council in 2012 that the question of
making changes to the current form needed to be presented to the voters for consideration.
Therefore, in the November 2012 election the city council had the question of forming a charter
study commission placed on the ballot. Also on the ballot were candidates running for the
Commission. The question passed and five commissioners were elected, under the Faulkner Act.
The Commission met for the first time in December 2012. It convened every Monday evening from
that time until the end of July 2013.
N.J.S.A. 40:69A-7.
Duties of charter commission
By State statute it shall be the function and duty of the charter commission to study the form of
government of the municipality, to compare it with other available forms under the laws of this
State, to determine whether or not in its judgment the government of the municipality could be
strengthened, made more clearly responsive or accountable to the people or whether its operation
could be more economical or efficient, under a changed form of government.
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6.
InformationonAllTwelveOptionsforMunicipal
GovernmentinNewJersey
Below are all acceptable forms of municipal government in the State of New Jersey. By Statute all
could be considered, however, if a non-Faulkner form was chosen the commission would have to
petition the State legislature. The commission decided at the meeting on May 20, 2013 that this was
not an option. The commission’s advisor, Dr. Reock did not recommend it as the process could take
years and cost a great deal of money. The commission also had to eliminate the Faulkner Act Small
Municipality form as our population was over the 12,000 limit.
Types of New Jersey Municipal Government: All 565 New Jersey municipalities, regardless of their
form of government, can be classified as belonging to one of five types of municipal government:
1) Borough 2) Township 3) City 4) Town 5) Village
Form: All 565 New Jersey municipalities, regardless of type, can be classified under one of the 12
forms of government:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
Borough
Township
City
Town
Village
Commission
Council Manager Act of 1923
OMCL Mayor-Council Plan
OMCL Council-Manager Plan
OMCL Small Municipality Plan
OMCL Mayor-Council-Administrator Plan
Special Charters
The first five forms are associated with a particular type of municipality. Each of these five types has
a unique form of government historically associated with it. The next seven forms are "optional"
forms of government available for adoption, with the exception of the OMCL Small Municipality
Plan (which is available only to municipalities with a population of under 12,000), by all 565
municipalities.
TOWNSHIP
NJSA:40A:63-1 et. seq.
VOTERS ELECT
Township Committee 3 or 5 members, elected at-large. Staggered, 3 year terms. Partisan
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ORGANIZATION OF GOVERNING BODY
First week in January
MAYOR
Elected by Township Committee for 1 year term. Chairs Committee with voice and vote. Head of
municipal government. Has all powers vested in mayor by general law.
COMMITTEE
Legislative body of municipality. Has all executive responsibilities of the municipality not placed in
office of mayor.
ADMINISTRATION
Executive responsibility not vested in mayor belongs to Township Committee. May delegate, by
ordinance, all or a portion of executive responsibilities to an administrator. Township Committee
may adopt an administrative code.
BOROUGH
NJSA:40A:60-1 et. seq.
VOTERS ELECT
Mayor and 6 Council. Elected at-large. Mayor has a 4 year term. Council has staggered 3 year terms.
Partisan
ORGANIZATION OF GOVERNING BODY
First week in January
MAYOR
Head of municipal government. Sees that state laws and borough ordinances are faithfully executed.
Presides over Council. Votes only to break ties. Can veto ordinances subject to override by 2/3
majority of Council. Appoints subordinate officers with Council approval; after 30 days or upon
Council disapproval, Council fills posts.
COUNCIL
Legislative body of municipality. Overrides mayor's veto by 2/3 majority of all members. Confirms
mayor's appointments. Gains appointment power upon failure to confirm mayor's appointee or after
office vacant for 30 days. Has all executive responsibility not placed in office of mayor.
ADMINISTRATION
Mayor is head of municipal government and sees that state laws and borough ordinances are
faithfully executed. Council has all executive responsibility not placed in office of mayor. Council
may delegate, by ordinance, all or a portion of executive responsibility to an administrator. Council
may adopt an administrative code.
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CITY
NJSA:40A:61-1 et. seq.
VOTERS ELECT
Mayor and Council. Partisan
ORGANIZATION OF GOVERNING BODY
First week in January
MAYOR
Chief Executive. May participate in Council deliberations. May vote to break ties on ordinances or
resolutions. Can veto ordinances subject to a 2/3 override by Council. Heads police department.
Appoints police chief, captains and sergeants with Council approval.
COUNCIL
Legislative body of municipality. Overrides mayor's veto by 2/3 majority of all members. Appoints
subordinate officials of municipality, except as provided elsewhere by law.
ADMINISTRATION
Mayor is chief executive. City may delegate, by ordinance, all or a portion of executive responsibility
to an administrator. City may adopt administrative code.
TOWN
NJSA:40A:62-1 et. seq.
VOTERS ELECT
Mayor and Council. Partisan
ORGANIZATION OF GOVERNING BODY
First week in January
MAYOR
Head of municipal government. Chairs Council with voice and vote. Can veto ordinances subject to
a 2/3 override by Council.
COUNCIL
Legislative body of municipality. Overrides mayor's veto by 2/3 majority of all members. Appoints
all subordinate officers, except municipal clerk, tax assessor and tax collector, who are appointed by
mayor and council. Has all executive responsibility not placed in office of mayor.
ADMINISTRATION
Mayor is head of municipal government and has all powers vested in mayor by general law. Council
has all executive responsibility of municipality not placed in office of mayor. Council may delegate,
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by ordinance, all or a portion of executive responsibilities to an administrator. Council may adopt an
administrative code.
Information on All Available Forms of Government
VILLAGE
NJSA:40A:63-8
VOTERS ELECT
Board of Trustees. 5 members, elected at-large. Staggered, 3 year terms.
ORGANIZATION OF GOVERNING BODY
First week in January
VILLAGE PRESIDENT
President of the Board. Elected by Board for 1 year term. Has voice and vote. Head of municipal
government has all powers vested in Mayor by general law.
BOARD OF TRUSTEES
Legislative body of municipality. Has all executive responsibilities of the municipality not placed in
office of Village President.
ADMINISTRATION
Executive responsibilities not vested in Village President belong to Board of Trustees. May delegate,
by ordinance, all or a portion of executive responsibilities to an administrator. Board of Trustees
may adopt an administrative code.
COMMISSION
NJSA:40:70-1 et. seq.
VOTERS ELECT
3 or 5 Commissioners. At-large, nonpartisan, 4 year concurrent terms.
ORGANIZATION OF GOVERNING BODY
Third Tuesday of May following election.
MAYOR
Elected by Board of Commissioners for 4 year term. Presides over Board of Commissioners. No
veto power.
COUNCIL
Board of Commissioners exercises legislative power of the municipality.
ADMINISTRATION
Each Commissioner acts as department head. No single chief executive.
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MUNICIPAL MANAGER ACT OF 1923
NJSA:40:79-1 et. seq.
VOTERS ELECT
3, 5, 7 or 9 Council members. At-large nonpartisan. 4 year concurrent or staggered terms.
ORGANIZATION OF GOVERNING BODY
July 1
MAYOR
Elected by Council. Presides over Council. Serves 4 year term if concurrent elections. Serves 2 year
term if staggered elections.
COUNCIL
Council exercises legislative and policy power of the municipality.
ADMINISTRATION
Manager is chief executive and administrative official of the municipality. Prepares budget. Manager
appoints and removes department heads. Attends Council meetings with voice, but no vote.
Manager appoints and removes department heads.
FAULKNER ACT (OMCL) MAYOR-COUNCIL
NJSA:40:69A-31 et. seq.
VOTERS ELECT
Mayor and 5, 7 or 9 Council members. Council: all at-large or combination of wards and at-large.
Partisan or nonpartisan. 4 year concurrent or staggered terms.
ORGANIZATION OF GOVERNING BODY
Partisan: January 1
Nonpartisan: July 1
MAYOR
Exercises executive power of the municipality, appoints department heads with Council approval.
Removes department heads subject to Council disapproval by 2/3 of all members. Prepares budget.
Has veto over ordinances subject to override by 2/3 of all members of Council.
COUNCIL
Exercises legislative power of municipality, approves appointment of department heads.
Disapproves removal of department heads by 2/3 vote of all members. Overrides Mayor's veto by
2/3 of all members.
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ADMINISTRATION
Mayor exercises executive power of the municipality. Up to 10 departments under Mayor's direction.
Business Administrator assists Mayor in budget preparation and administers purchasing and
personnel systems. By ordinance, Business Administrator may supervise administration of
departments, subject to Mayor's direction.
FAULKNER ACT (OMCL) COUNCIL-MANAGER
NJSA:40:69A-81 et. seq.
VOTERS ELECT
5,7 or 9 Council members or Mayor and 4, 6 or 8 Council members. Mayor elected at-large. Council
elected all at-large or combination of wards and at-large. Partisan or nonpartisan. 4 year concurrent
or staggered terms.
ORGANIZATION OF GOVERNING BODY
Partisan: January 1
Nonpartisan: July 1
MAYOR
Elected by council or voters. Presides over Council. Council elected mayor serves a term of 1, 2 or 4
years depending on whether elections are staggered or concurrent. Voter elected mayor serves 4 year
term.
COUNCIL
Council exercises legislative and policy power of the municipality.
ADMINISTRATION
Manager is chief executive and administrative official of municipality. Prepares budget. Appoints and
removes department heads. Attends Council meetings with voice, but no vote.
FAULKNER ACT (OMCL) SMALL MUNICIPALITY
NJSA:40:69A-115 et. seq.
VOTERS ELECT
3, 5 or 7 Council members or Mayor and 2, 4 or 6 Council members. Elected at-large. Council: 3
year concurrent or staggered term. Voter elected mayor serves 4 year term. Partisan or nonpartisan
elections.
ORGANIZATION OF GOVERNING BODY
Partisan: January 1
Nonpartisan: July 1
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MAYOR
Elected by voters or Council. Presides over Council with voice and vote, but no veto. Exercises
executive power of the municipality. Appoints Council committees. Appoints municipal clerk,
attorney, tax assessor, tax collector, treasurer with Council confirmation. Council elected mayor
serves 1 or 3 years, depending on whether terms are staggered or concurrent.
COUNCIL
Exercises legislative power of the municipality. Approves Mayor's appointees for municipal clerk,
attorney, tax assessor, tax collector and treasurer.
ADMINISTRATION
Mayor exercises executive power of municipality. Council may create an administrator by ordinance.
FAULKNER ACT (OMCL) MAYOR-COUNCIL-ADMINISTRATOR
NJSA:40:69A-149 et. seq.
VOTERS ELECT
Mayor and 6 council members. At-large, staggered terms, partisan elections. Mayor: 4 year term.
Council: 3 year term.
ORGANIZATION OF GOVERNING BODY
January 1
MAYOR
Presides over Council. Exercises the executive power of municipality. Votes only to break ties. Has
veto subject to override by 2/3 of all Council members. Appoints municipal clerk, administrator,
attorney, tax collector, tax assessor, treasurer, and department heads with Council approval. May
remove department heads upon written notice to Council.
COUNCIL
Exercises legislative power of the municipality. Approves Mayor's appointees for municipal clerk,
administrator, attorney, tax collector, tax assessor, treasurer and department heads. May remove
department heads for cause after a hearing. Prepares budget with assistance of municipal
administrator and treasurer.
ADMINISTRATION
Mayor exercises executive power of the municipality. Up to six departments may be created by
ordinance. Administrator supervises administration of each department.
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SPECIAL CHARTERS
There are two types of special charters in New Jersey: 1) "Orphan" charters issued by the state
legislature in the 19th century prior to the major constitutional revision of 1875, which prohibited
"special" or locality specific legislation. Most "orphan" charters are a variation of the weak mayorcouncil type. 2) Special charters issued by the state legislature under the provisions of the state
Constitution of 1947 and NJSA 1:6-10 et seq. These special charters defy simple classification, and
include variations of the weak mayor-council form, council-manager form, township committee
form, and the village form.
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7.
NarrowingtheGovernmentOptionsfromTwelvetoTwo
The first step in the commission’s process was to narrow the forms to be considered by eliminating
the ones that the commission could not recommend by virtue of the charter study law under which
the commission was formed and operated. That initial elimination left the commission with six
options. As previously stated the commission decided at the meeting on May 20 that a special
charter which involved petitioning the State legislature was not an option and the City did not
qualify for the Small Municipality Plan. That left the commission with the following four:
•
The 1923 Municipal Manager (our current form)
•
Faulkner Council/Manager (Legislative or Weak Mayor)
•
Faulkner Mayor/Council (Executive or Strong Mayor)
•
Faulkner Mayor/Council/Administrator
The commission then eliminated the 1923 Municipal Manager form. The charter study commission
concluded that the current form of government was lacking in two areas of major concern. That is
it does not offer citizens the power of initiative and referendum.
The commission then eliminated the Mayor/Council/Administrator form. The commission
eliminated the Faulkner Mayor/Council/Administrator form as unacceptable because of its rigidity.
There are no options as far as non-partisan elections in November, staggered terms, at-large only,
directly elected Mayor. Unlike the other Faulkner forms in which voters can petition to change these
options over time, in the Mayor/Council/Administrator form these options are permanent.
This left two forms to consider:

Council Manager (Legislative or Weak Mayor)

Mayor/Council (Executive or Strong Mayor)
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8.
ConsiderationoftheVariables
As the commission continued our research and discussions on the final two forms considered, it
deliberated the individual components of the “Question” to put to the voters. i.e.:

Would the Mayor be directly elected?
The commission all agreed that a directly elected mayor is more responsive and responsible
to the voters

How large should the council be?
The commission all agreed that the current council size seemed to work and so decided on 5.

Would council member terms be staggered or concurrent?
The commission all agreed that the continuity of policy and governance is important and
that the best way to achieve it is with staggered terms.

Would elections be in May or November?
The commission found factual evidenced that there is significantly more voter turnout in
November elections vs. May. There is also a significant number of voters that vote in
November and not in May. The elimination of the election in May would save the City
approximately $20,000. The final conclusion on this issue was that a responsive government
is a two way street. The commission wants a government that is responsive to the residents
but also wants residents to respond to the government. The best way to do that is to make
voting as convenient as possible and the best way to do that is to hold elections in
November.

Would elections be partisan or non-partisan?
The commission could not find factual evidence to support that partisan elections would be
of any benefit to the City. The City currently has non-partisan elections that the commission
unanimously agreed that was the way to move forward. The commission felt strongly that it
did not want ‘big’ politics in Asbury Park if it could be helped.

Would council members be elected from wards or at-large?
At this time the commission could not find any substantive information to support changing
to a ward system.

Should there be runoff elections?
The commission felt that runoff elections helped to ensure that every voter feels like a
participant in the process. Runoff elections also prevent someone from being elected with
much less than 50% of the votes cast. They also reassign “spoiler” votes to promote more
closely a voter mandate.
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9.
MoreInformationontheTwoFinalFormsConsidered
Council/Manager - Weak/Legislative Mayor
42 municipalities
11.2% of state population
Option A
Council of 5, 7 or 9 elected at-large or some from
Wards, for four year terms
Mayor elected by the council for a 1, 2 or 4 year
term.
Total size of council including mayor is 5 ,7 or 9
Mayor/Council - Strong/Executive
Mayor
70 municipalities
37% of state population
Council of 5, 7 or 9 elected at-large or some
from Wards, for four year terms
Mayor elected directly, at-large for 4 year
term
Total size of council including mayor is 6, 8
or 10
Council elects President/Chairperson to run
meetings
Option B
Council of 4, 6 or 8 elected at-large
or some from Wards for 4 year term
Mayor directly elected at-large for 4 year term
Total size of council including mayor is 5, 7 or 9
Mayor has vote
BOTH OPTION A & B
City policy set by Council
Council is legislature
City run by City Manager
City Manager has Executive Power
Appoints Department Heads
Council creates Departments
Terms are concurrent or staggered
If Mayor from the council all are at-large or Wards
If Mayor directly elected, Mayor is at-large and
Council may be at-large or from wards
If Wards:
5 Council Members = 2 or 3 Wards
7 Council Members = 4 Wards
9 Council Members = 5 or 6 Wards
In all cases Wards are combined with at-large
(i.e. 7 Council Members = 4 Wards plus 3 at-large)
Mayor does not vote but can veto
Council can override veto with 2/3 vote
City policy set by Council
Council is legislature
City run by Mayor with his/her appointed
Business
Administrator who runs departments
Mayor has Executive Power
Appoints Department Heads
Council creates 2-9 Departments
Terms are concurrent or staggered
Mayor directly elected, Mayor is at-large and
Council may be at-large or from wards
If Wards:
5 Council Members = 2 or 3 Wards
7 Council Members = 4 Wards
9 Council Members = 5 or 6 Wards
In all cases Wards are combined with at-large
(i.e. 7 Council Members = 4 Wards plus 3 at-large)
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Council/Manager - Weak/Legislative Mayor
City Manager is Paid
City Manager prepares budget & Council approves
Council receives stipend - council decides
Elections are partisan or non-partisan
Election in May or November
Initiative & Referendum for:
Concurrent or Staggered Terms
Charter Study
May or November elections
Wards or at-large
3, 5, 7 or 9 Council Members
Change the Form of Government
Mayor directly elected or from Council
Any issue normally handled by Ordinance
(either the council or the voters can do this;
i.e. putting
issue to the voters to decide.)
Council can initiate an Advisory Referendum, i.e.
put
a question to the voters to get an opinion. Nonbinding
Mayor/Council - Strong/Executive
Mayor
Mayor is Paid and Business Administrator is
Paid
Mayor prepares budget and Council can
change
Reduce by majority, increase by 2/3
Council receives stipend - council decides
Elections are partisan or non-partisan
Election in May or November
Initiative & Referendum for:
Concurrent or staggered terms
Charter Study
May or Nov elections
Wards or at-large
3, 5, 7 or 9 Council Members
Change the Form of Government
Mayor directly elected or from Council
Any issue normally handled by
Ordinance
(either the council or the voters can do
this; i.e. putting
issue to the voters to decide.)
Council can initiate an Advisory
Referendum, i.e. put
a question to the voters to get an opinion.
Non-binding
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10. ReasonsforSelectingtheWeakLegislativeMayoroverthe
StrongExecutiveMayor
Having intensely reviewed the forms of government available forms under OMCL, the Commission
has found that the Council/Manager form is a modern form of government and will open several
avenues of voter accountability notably, the Mayor being directly elected and allowing voters the
power of initiative and referendum. This form also allows the council fiscal and investigative
controls. (NJSA 40:69A-91)
This form does not disturb the aspects of our current form of government (1923 Municipal
Manager) which the commission likes, for example: non-partisan, at-large with elections for five (5)
council members, with a professional manager running the City, who is charged with carrying out
council policy decisions; it can be updated to now include a directly elected Mayor, with runoff
elections held in November, as well as giving the voters power of initiative and referendum.
This form of government will add more transparency, adding efficiency because the council will be
empowered to form subcommittees with subpoena power for fiscal and investigative purposes.
AsburyParkCharterStudyCommission‐8/5/2013
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08/05/2013
The Report to City Clerk with five copies for the council members
Not less than 60 days later the question will be put to the voters at the next general
election
11/05/2013
The Question appears on the ballot for voters to decide.
If it is not passed….
That is the end of the issue for four years. After four years another attempt at a
change of the form of government, or modifications to the existing form as the law
allows, may be initiated.
If it does pass …..
11/04/2014
An election is held for Mayor and Four (4) Council members at large serving
staggered terms.
01/01/2015
Twelve Noon
The Mayor and new council are installed and the terms of the Council which was
elected in May 2013 are terminated.
At this meeting the Council members will draw lots to determine which two
will serve for only two years. The mayor and other council members serve four (4)
year terms
The compensation of the mayor, council members and department heads shall be
fixed. (there is no requirement that the mayor or council be paid)
All offices then existing shall be abolished and the terms of all elected and appointed
officers shall immediately cease and terminate; provided that nothing in this section
shall be construed to abolish the office or terminate the term of office of any
member of the Board of Education, Trustees of the Free Public Library,
commissioners of a local Housing Authority, members of a Municipal Shade Tree
Commission, Municipal Magistrates or of any official or employee now protected in
tenure or office law, or of any policeman, fireman, teacher, principal or school
superintendent whether or not protected by a tenure of office law. If the Municipal
Clerk has, prior to the effective date of the optional plan, acquired a protected tenure
of office pursuant to law, he shall become the first Municipal Clerk under the
optional plan.
N.J.S.A 40:69A-207a
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Provision for officers and for the organization and administration of the municipal
government under to optional plan may be made by an interim resolution pending
the adoption of an Administrative Code.
N.J.S.A. 40:69A-207b
04/01/2015
No later than April 1, 2015 (90 days) the municipal governing body shall adopt,by
ordinance, an administrative code organizing the administration of the municipal
government, setting forth the duties, responsibilities and powers of all municipal
officers, departments and agencies, and establishing the manner of performance
thereof.
N.J.S.A. 40:69A-207c
The Council establishes or continues by ordinance departments, boards and offices.
05/01/2015
Administrative Code takes effect.
N.J.S.A. 40:69A-207d
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12. Outreach
These are the various ways the commission reached out to the community:
Public Forum April
Public Forum June
Website www.asburyparkcsc.com
Press Releases & Advertising – The Tri-City News
Press Releases & Advertising – The Coaster
Flyer Advertising throughout Asbury Park
Flyers to Residents via The Board of Education
Main Street Bulletin Board
Interviewees:
Thomas Arnone
Joy Bastelli
Werner Baumgartner
James Bruno
Ernest Cote
Patrick Durkin
Alan Feit
Thomas Gilmour
Giuseppe Grillo
George Haubner
Susan Henderson
Ed Johnson
Steven Kay
James Keady
John LoFreddo
Paul McIlevy
Paul Mattecera
Katherine Mellina
Louise Murray
Rev. David Parreott
Amy Quinn
Frederick Raffetto
Terrence Reidy
Dr. Ernest Reock
Denise Richardson
Lori Ross
Adam Schneider
Robert Stewart
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AppendixA–Statute1923MunicipalManagerAct
This is the current form of government that the commission recommends be abandoned.
40:79-1. Short title
This subtitle shall be known as "the municipal manager form of government law".
40:79-2. Definition of terms
As used in this subtitle:
"Municipality" means any city, town, village, borough, township or any municipality governed by
boards of commissioners or improvement commissions which has heretofore adopted the
provisions of the act entitled "An act relating to, regulating and providing for the government of
municipalities, except counties, by a municipal council and a municipal manager," approved March
nineteenth, one thousand nine hundred and twenty-three, or which shall adopt or take proceedings
to adopt this subtitle.
"Municipal council" means the governing body of such municipality, which body shall be known as
the city council, town council, village council, borough council or township council, as the case may
be.
"Municipal clerk" means the city clerk, town clerk, village clerk, borough clerk or township clerk, as
the case may be, of such municipality.
"Municipal attorney" means the city attorney, town attorney, village attorney, borough attorney or
township attorney, of the municipality, as the case may be.
"Municipal manager" means the chief executive and administrative officer of any such municipality
who shall be known as the city manager, town manager, village manager, borough manager or
township manager, as the case may be.
"Department head" means the executive or administrative head of a subdivision of the municipal
government acting under the immediate direction of the municipal council or municipal manager.
40:79-3. Municipalities governed by this subtitle; exception
All municipalities which shall have heretofore adopted the provisions of the act entitled "An act
relating to, regulating and providing for the government of municipalities, except counties, by a
municipal council and a municipal manager," approved March nineteenth, one thousand nine
hundred and twenty-three, and all municipalities which shall hereafter adopt the provisions of this
subtitle, shall be governed by a municipal council and a municipal manager in the manner herein in
this subtitle set forth, but no municipality governed by the provisions of subtitle 4 of this title (s.
40:70-1 et seq.), shall institute proceedings hereunder for the adoption of this subtitle unless and
until said subtitle 4 of this title, or the provisions of the act entitled "An act relating to, regulating
and providing for the government of cities, towns, townships, boroughs, villages and municipalities
governed by boards of commissioners or improvement commissions in this state" (title as
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amended), approved April twenty-fifth, one thousand nine hundred and eleven, or both said subtitle
4 of this title and said last mentioned act shall have been operative and in effect in such municipality
for four years.
40:79-4. Additional powers
Every municipality governed by this subtitle shall exercise, in addition to the powers enumerated
herein, all powers delegated to such municipality by any other general or special law, not inconsistent
with the powers enumerated herein.
40:79-5. Other laws applicable
It is the intention of this subtitle that the provisions of subtitle 3 of this title (s. 40:42-1 et seq.), shall
be applicable whenever not inconsistent with the provisions hereof.
40:79-6. Liberal construction
In the construction of any portion of this subtitle whose meaning or application is in dispute, it is
intended that its phraseology shall be liberally construed to effectuate the substantial objects hereof.
40:80-1. Special election; petition
The legal voters of any municipality may adopt this subtitle at a special election to be held in such
municipality, to be called by the municipal clerk upon request or petition in writing of the legal
voters of the municipality not less in number than fifteen per centum (15%) of the number of
persons who voted at the last preceding general election held for the purpose of electing all of the
members of the general assembly as shown by the official canvass. At this election no other
proposition shall be voted upon.
Amended by L.1950, c. 65, p. 118, s. 2, eff. April 25, 1950.
40:80-2. Clerk to call election; notice
Upon the filing of such petition or request in writing with the municipal clerk, he shall forthwith call
an election, to be held on the fourth Tuesday following the date of the filing of the petition with
him, but such special election shall not be held within four weeks of the municipal election. The
clerk shall cause public notice of the time and place of holding such election to be given by
advertisement signed by himself and posted in at least twenty conspicuous places distributed
throughout the municipality, and published for at least two issues on different days previous to the
time of such election in at least one newspaper which has been so published in such municipality for
at least six months last past, and if there be no such newspaper then in a newspaper having a general
circulation therein.
40:80-3. Ballot; number, form and content
The municipal clerk shall provide double the number of ballots as there were voters registered for
the last preceding general election in such municipality, to be printed upon plain, substantial white
paper, in substantially the following form:
"To vote upon the public question printed below, if in favor thereof mark a cross ( x ) or plus (+) in
the square at the left of the word YES, and if opposed thereto mark a cross ( x ) or plus (+) in the
square at the left of the word NO.
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"Shall subtitle 5 of the title
[ ] YES Municipalities and Counties of the
Revised Statutes (s. 40:79-1 et seq.),
[ ] NO providing for municipal manager form of
government, be adopted in ....................
(here insert name of municipality)?"
40:80-4. Place of holding election
The election shall be held at the usual place or places for holding the general election, if the same is
practicable. If not practicable, the municipal clerk shall provide a suitable voting place in each
election district in such municipality.
40:80-5. Election agents; designated by petition
Two agents for each election district may be designated by a petition signed by legal voters of the
municipality equal in number to at least three per centum (3%) of the number of persons who voted
in the municipality at the last preceding general election, held for the election of all of the members
of the General Assembly. The petition shall name the agents designated and their respective
districts, and shall be filed with the municipal clerk not later than the Tuesday next preceding the
election. The petition shall bear on its face the name of a representative authorized to act for the
petitioners in filling vacancies in the designation of any agent or agents named therein which may
arise after the filing of said petition. Upon the filing of the petition the municipal clerk shall
forthwith issue, under his hand, to each person designated therein a permit for him to act as agent in
the election district specified in the petition. The permit shall be evidence of the right of the person
named therein to be present in the polling place of the election district for which he has been
designated and to challenge the right to vote therein of any person claiming such right and to be
present while the ballots cast are being counted and to hear and see such ballots counted. The
grounds for challenge and the procedure for disposition thereof shall be the same as prescribed by
the laws regulating general elections. No signature shall be counted as valid for more than one
petition and should any voter sign two or more petitions his signature shall be void as to the petition
or petitioners last filed. A vacancy arising with respect to any agent shall be filled by the
representative appointed in the petition designating such agent. Such appointment shall be certified
to the municipal clerk, who shall forthwith issue a permit in the manner hereinbefore prescribed for
agents designated by petition.
Amended by L.1948, c. 6, p. 52, s. 1, eff. April 5, 1948.
40:80-6. Time polls to be open; election officers; report
The polls shall remain open from seven o'clock in the forenoon until nine o'clock at night, and the
election shall be conducted by the same election officers and in the manner prescribed by the laws
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regulating elections, and such officers shall report to the municipal clerk immediately after
completing the count of the ballots a true and correct statement in writing under their hands of the
results of such election.
40:80-7. Clerk to certify result
The municipal clerk, within five days after the election, shall certify the results thereof to each
member of the governing body of such municipality, enter the same at large in the minute books of
said body and certify the same to the secretary of state. In such certificate he shall specify whether or
not a majority of the votes cast are for the adoption of this subtitle, and if they are, he shall further
specify whether or not the number of votes cast in favor of the adoption of this subtitle is equal in
number to at least thirty per cent of the number of persons who voted in the municipality at the last
preceding general election.
40:80-8. Vote required for adoption
If it appears that both the majority of the votes cast are for the adoption of this subtitle, and that the
number of votes cast for the adoption of this subtitle is equal in number to at least thirty per cent of
the number of persons voting in such municipality at the last preceding general election, this subtitle,
commencing on a date four weeks immediately following such election, shall in all respects, except
as herein otherwise provided, become and be operative in such municipality and be binding upon its
inhabitants and upon all persons and property to be affected thereby.
40:80-9. If majority against adoption no petition for two years
If a majority of the votes cast are against the adoption of this subtitle no other petition for its
adoption shall be filed in such municipality within two years thereafter, after which date, upon the
presentation of another petition or request as hereinbefore provided the same procedure shall be
had, and the question of the adoption or rejection of this subtitle again submitted to a vote in the
manner herein prescribed and with the same force and effect.
40:80-10. Corporate existence and name continued
The corporate existence of any municipality, adopting this subtitle shall be continued and its
corporate name and seal shall not be changed by such adoption, and all laws, general or special,
relating to such municipality shall, except so far as inconsistent with this subtitle, apply to such
municipality and it shall exercise the powers and duties thereby conferred and imposed.
40:80-11. Elective and appointive officers' terms cease; exceptions
Upon the adoption of this subtitle and upon the organization of the municipal council elected
hereunder the governing body or bodies and all other executive and legislative bodies shall be ipso
facto abolished, and the terms of all councilmen, aldermen, commissioners or trustees and all other
elective officers shall immediately cease and determine. The term of all appointive officials and
subordinates shall cease and determine at the end of four weeks after the organization of the
municipal council, but the municipal council may by resolution terminate the employment of any
such persons at any time during said four weeks' period but the term of such officials and
subordinates shall continue until their successors are appointed and qualify. Nothing herein
contained shall be construed to terminate the term of office of any member of the board of
education, trustees of the free public library, policeman, fireman, or other employee of any police or
fire department, veteran of any war, or official or employee now protected by any tenure of office
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law. If the municipality is operating under the provisions of Title 11, Civil Service, at the time of the
adoption of this subtitle, nothing in this subtitle contained shall affect the tenure of office of any
person holding any position or office coming within the provisions of said Title 11 as it applies to
said officers and employees.
40:80-12. Inconsistent laws inapplicable; law relating to municipal courts unaffected
No law, general or special, or any provision thereof, affecting the government of any municipality
governed by this subtitle and contrary to or inconsistent with the provisions hereof, shall apply to
such municipality, but the adoption of this subtitle shall not affect the application of chapter eight of
Title 2A of the New Jersey Statutes.
Amended by L.1953, c. 37, p. 737, s. 250, eff. March 19, 1953.
40:80-13. Educational system unaffected
The system of public education in any municipality adopting this subtitle shall not be affected
thereby
40:80-14. Sinking fund commissions unaffected
Nothing in this subtitle shall impair the operation of chapter 3 of this title (s. 40:3-1 et seq.).
40:80-15. No proceedings to adopt other government within four years
No municipality governed by the municipal manager form of government shall, within four years
after the adoption thereof, take proceedings for the adoption of any other law prescribing a form of
government.
40:81-1. Members; number; increase or decrease by initiative and referendum.
40:81-1. The municipal council shall consist of three, five, seven or nine members as authorized
on the effective date of this 1981 amendatory act.
After the effective date of this 1981 amendatory act, the legal voters of any municipality may, by
petition and referendum, increase or decrease the number of the municipal council to three, five,
seven or nine members. Upon the submission of a petition signed by a number of the legal voters of
the municipality equal in number to at least 15% of the total votes cast in the municipality at the last
election at which members of the General Assembly were elected, the proposition to increase or
decrease the membership of the municipal council shall be submitted to the voters at the next
general election. The proposition shall not be submitted more than once in any 10-year period.
The signatures, verification, authentication, inspection, certification, amendment and submission
of the petition shall be the same as for petitions to recall councilmen and shall be filed and certified
to by the municipal clerk at least 60 days before the general election at which the proposition shall
be submitted to a vote.
The question of the increase in the number of commissioners shall be submitted to the voters at
the election in substantially the following form:
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"Shall the membership of the municipal council of (name of municipality) be (insert "increased"
or "decreased" as appropriate) from to members?" (insert current number) (insert proposed
number)
A canvass and return of the vote upon the proposition shall be made by the election officers in
the same manner as for officers voted for at the election, and a majority of all the votes cast upon
the proposition in favor of the proposition shall be sufficient to make the change.
When the legal voters shall have voted to increase or decrease the membership of the municipal
council as provided in this section, the increase or decrease shall take effect for the next regular
municipal election of councilmen.
amended 1940, c.223; 1952, c.139; 1955, c.200; 1980, c.94, s.6; 1981, c.427, s.2; 2009, c.339, s.7.
Sections: Previous 80-9 80-10 80-11 80-12 80-13 80-14 80-15 81-1 81-3 81-4 81-5 81-5.1
81-6 81-7 81-8 Next
Last modified: February 14, 2012
40:81-3. Members elected at large
The members of the municipal council shall be elected at large in the municipality by the voters at
municipal elections held therein at the time and in the manner hereinafter prescribed.
40:81-4. Members of first council; election and terms
The members of the first municipal council shall be elected at the municipal election held on the
fourth Tuesday after the adoption of this subtitle and shall serve as members of the council from
twelve o'clock noon of the fourth Tuesday following such election until twelve o'clock noon of July
1 in the fourth year thereafter, save in those cases in which the terms of some of the members of the
council shall expire at twelve o'clock noon on July 1 in each year in accordance with the provisions
of article 3 of chapter 84 of this title (R.S. 40:84-9 et seq.), and until their successors shall have been
elected and duly qualified, unless their places shall have become vacant. The election shall be
conducted pursuant to the "Uniform Nonpartisan Elections Law," P.L. [1981], c. [379] (C. [40:45-5
et seq.] ).
Amended by L.1981, c. 379, s. 21, eff. Jan. 1, 1982.
40:81-5. Time of annual election; terms.
40:81-5. Except as otherwise provided by referendum of the voters, on the second Tuesday of
May of the fourth year following such first election and on the second Tuesday of May of every
fourth year thereafter, there shall be elected the number of electors hereinbefore prescribed of like
qualifications to serve as members of the municipal council for the term of 4 years and until their
successors shall have been elected and duly qualified or unless their places become vacant. The term
of office of councilmen subsequently elected shall commence on July 1 next ensuing their election at
12 o'clock noon. Elections shall be conducted pursuant to the "Uniform Nonpartisan Elections
Law," P.L.1981, c.379 (C.40:45-5 et al.).
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If the election is held on the day of the general election in November pursuant to subsection a.
of section 1 of P.L.2009, c.196 (C.40:45-7.1), the term of office of councilmen elected shall
commence at 12 o'clock noon on January 1 next following their election.
Amended 1981, c.379, s.22; 1981, c.427, s.3; 2009, c.196, s.12.
40:81-5.1. Staggered terms for municipal council members under municipal manager form of government.
4.
Where the members of the municipal council in any municipality adopting the municipal
manager form of government have 4-year terms of office pursuant to R.S. 40:81-5, the legal voters
of the municipality, by petition and referendum, may provide that the terms of office of the
members of the municipal council shall expire in staggered years as provided in this section.
a.
An election upon the proposition to elect members of the municipal council to terms of
office which expire in staggered years shall be ordered by the municipal council upon the submission
of a petition signed by a number of the legal voters of the municipality equal to not less than 15% of
the total votes cast in the municipality at the last preceding election at which members of the
General Assembly were elected. The proposition shall be submitted at the next general election. The
proposition shall not be submitted more than once in any 3-year period;
b.
The signatures, verification, authentication, inspection, certification, amendment and
submission of the petition shall be the same as for petitions to recall councilmen and shall be filed
and certified to by the municipal clerk at least 60 days before the general election at which the
proposition shall be submitted to a vote;
c.
The question of the election of members of the municipal council to staggered terms of
office shall be submitted to the voters at such election in substantially the following form:
"Shall the terms of office of members of the municipal council of ....................(name of
municipality) expire in staggered years?"
d. A canvass and return of the vote upon the proposition shall be made by the election officers
in the same manner as for officers voted for at the election, and a majority of all the votes cast upon
the proposition in favor of the proposition shall be sufficient to make the change;
e.
When the legal voters shall have voted to have the terms of office of members of the
municipal council expire in staggered years, there shall be elected at the next regular municipal
election of councilmen the following:
(1)
If the municipal council consists of three members, two of the members shall be elected
for 4 years, and one for 2 years, the respective terms of each to be designated on the ballot;
(2) If the municipal council consists of five members, two of the members shall be elected for
4 years, and three for 2 years, the respective terms of each to be designated on the ballot;
(3) If the municipal council consists of seven members, three of the members shall be elected
for 4 years, and four for 2 years, the respective terms of each to be designated on the ballot;
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(4) If the municipal council consists of nine members, four of the members shall be elected for
4 years, and five for 2 years, the respective terms of each to be designated on the ballot.
Each council member elected thereafter shall serve for a 4-year term of office.
Notwithstanding the provisions of this section, an ordinance proposed by petition to increase or
decrease the term of office of the members of the governing body or the number of members of the
governing body, or the division of the municipality into a number of wards, shall not be submitted
to the voters of the municipality more than once in any 10-year period.
L.1981, c.427, s.4; amended 2009, c.339, s.8.
Sections: Previous 80-13 80-14 80-15 81-1 81-3 81-4 81-5 81-5.1 81-6 81-7 81-8 81-9 81-10
81-11 81-11a Next
Last modified: February 14, 2012
40:81-6. Councilmen; removal from office
A member of the municipal council after having been in office for at least 2 years may be removed
from office by a recall petition prepared and approved by the voters of the municipality in the
manner hereinafter provided for recall procedure. Only one recall petition which results in an
election may be filed against a member of the municipal council in 1 calendar year during his term of
office, and at least 10 months shall intervene between a recall election and the filing of a new
petition for the recall of such member.
Amended by L.1968, c. 53, s. 1, eff. June 5, 1968.
40:81-7. Organization; mayor chosen
Four weeks after their election in the case of the first municipal council elected, and on July 1
following all subsequent municipal elections, the members-elect of the municipal council shall
assemble at the usual place of meeting of the governing body of the municipality and organize and
elect one of their number as mayor. The mayor shall be chosen by ballot by majority vote of all
members of the municipal council. If the members shall be unable, within five ballots to be taken
within 2 days of said organization meeting, to elect a mayor, then the member who in the election
for members of the municipal council received the highest vote, in accord with the manner of
canvassing the ballots as herein set forth, shall be the mayor. Should such person decline to accept
the office, then the person receiving the next highest vote shall be the mayor, and so on, until the
office is filled.
Amended by L.1981, c. 379, s. 24, eff. Jan. 1, 1982.
40:81-8. Mayor; powers and duties
The mayor shall preside at all meetings of the municipal council and shall have a voice and vote in
its proceedings, but shall not have the power of veto. He shall fill vacancies occurring in the trustees
of the public library for such terms of offices as are provided by law. All bonds, notes, contracts and
written obligations of the municipality shall be executed on its behalf by the mayor or, in the event
of his inability to act, by such councilman as the municipal council shall designate to act as mayor
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during his absence or disability. The powers and duties of the mayor shall be only such as are
expressly conferred upon him by this subtitle.
40:81-9. Council to be governing body
The municipal council shall be the governing body of the municipality and except as herein
otherwise provided, shall have and possess all administrative, judicial and legislative powers and
duties now had, possessed and exercised by the governing body of such municipality and all other
executive or legislative bodies in such municipality, and shall have complete control and supervision
over the affairs of the municipality to be exercised in the manner herein prescribed.
40:81-10. Council may create and abolish boards and departments
The municipal council shall continue or create, and determine and define the powers and duties of
such executive and administrative departments, boards and offices, in addition to those provided for
herein, as it may deem necessary for the proper and efficient conduct of the affairs of the
municipality by law. Any department, board or office so created may at any time be abolished by the
municipal council.
40:81-11. Appointment of municipal manager and other officers; qualifications of attorney; terms of office
The municipal council shall appoint a municipal manager, an assessor, an auditor, a treasurer, a clerk,
and an attorney. One person may be appointed to two or more such offices, except that the offices
of municipal manager and auditor or assessor shall not be held by the same person. In municipalities
containing more than 10,000 inhabitants the municipal attorney must have been admitted in the
State of New Jersey to practice as an attorney-at-law for a period of 5 years or more. All such
officers appointed by the council shall hold office during the pleasure of the council, except the
clerk and the assessor, who serve for terms as provided in chapter 9 of Title 40A of the New Jersey
Statutes.
Amended by L. 1942, c. 254, p. 695, s. 1; L. 1953, c. 378, p. 1969, s. 1; L. 1957, c. 190, p. 689, s. 1,
eff. Dec. 2, 1957; L.1980, c. 147, s. 7, eff. Nov. 22, 1980; L.1981, c. 393, s. 7, eff. Jan. 6, 1982;
L.1981, c. 394, s. 6, eff. Jan. 6, 1982.
40:81-11a. Offices of tax collector and treasurer held by same persons; residence
Notwithstanding any other provisions of law to the contrary, any municipality governed by this
subtitle may by ordinance provide that any person who is appointed to or holds, at the same time,
both the office of tax collector and the office of treasurer in any such municipality need not reside
within the said municipality in order to hold such offices. Such offices shall not be deemed vacated
by a change of residence of any such person.
L.1973, c. 84, s. 1, eff. April 24, 1973.
40:81-11.1. Appointments to water commission by municipal council
In any municipality operating under the municipal manager form of government law which has
established or shall establish jointly with one or more other municipalities a water commission
pursuant to the provisions of section 40:62-129 of the Revised Statutes, the municipal council shall
appoint the member or members of the water commission to which the municipality is entitled.
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L.1966, c. 296, s. 1, eff. Dec. 5, 1966. Amended by L.1967, c. 286, s. 9, eff. Jan. 23, 1968.
40:81-11.2. Termination of present members' term of office for failure to be appointed as provided by this act; vacancy
The term of office of any present member of any such water commission representing a
municipality operating under the municipal manager form of government law who was appointed in
a manner other than as provided by this act shall immediately cease and determine and a vacancy in
the membership of the water commission shall thereupon exist.
L.1966, c. 296, s. 2, eff. Dec. 5, 1966.
40:81-13. Advisory boards
The municipal council may appoint advisory boards with power only to make investigations and
recommendations. The members of such boards shall serve without compensation.
40:81-14. Control of funds; disbursements
The municipal council, subject to the laws of this state, may prescribe rules and regulations under
which the funds of the municipality shall be held and disbursed.
40:81-15. Examination of accounts
The municipal council shall cause a full and complete examination of all the books and accounts of
the municipality to be made by competent accountants, and shall publish the result of such
examinations at intervals as prescribed by law.
40:81-16. Council to act as body; investigating committees
It is the intention of this subtitle that the municipal council shall act in all matters as a body, and it is
against the spirit of this subtitle for any of its members to seek to influence the official acts of the
municipal manager, or any other officer, or to interfere in any way with the performance by such
officers of their duties. Nothing herein contained shall prevent the municipal council from
appointing committees or commissioners of its own members or of citizens to conduct
investigations into the conduct of any officer or department, or any matter relating to the welfare of
the municipality, and delegating to such committees or commissions such powers of inquiry as the
municipal council may deem necessary.
40:81-17. Certain persons ineligible for appointments
No member of the municipal council who shall have been recalled as hereinafter provided, or who
shall have resigned from office while recall proceedings were pending against him, shall be
appointed to any office in the municipal government within two years after such recall or
resignation.
40:81-19. Regular and special meetings; open to public; minutes
The municipal council shall designate the time of holding regular meetings, which shall be at least
twice a month, and special meetings may be called at any time by the mayor, by the municipal
manager, by two members of the municipal council or by petition signed by voters equal in number
to not less than two per cent of the number of persons voting in such municipality at the last
preceding general election. The petition shall set forth the business to come before the meeting. All
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meetings of the municipal council shall be duly announced and shall be open to the public. Minutes
shall be kept of every meeting by the municipal clerk as hereinafter prescribed, and any citizen may
have access to the minutes upon application to the clerk.
40:81-20. Quorum; procedure at meetings
A majority of all the members of the municipal council shall constitute a quorum and the affirmative
vote of a majority of all the members shall be necessary to take any action or pass any measure,
except as otherwise provided by law. Every resolution or ordinance shall be reduced to writing and
read before the vote is taken thereon, and the vote upon every motion, resolution or ordinance shall
be taken by yeas and nays and entered on the minutes, and the minutes of each meeting so recorded
shall be signed by a majority of all the members of the municipal council and the municipal clerk.
No member shall sign minutes of a meeting at which he was not present.
40:81-21. Emergency ordinances
No ordinance passed by the municipal council shall go into effect before ten days from the time of
its final passage, except when otherwise required by the general laws of the state or by the provisions
of this subtitle, but an ordinance for the immediate preservation of the public order, peace, health or
safety, or to remedy an emergency caused by fire, flood, explosion, storm, epidemic, recovery of
judgment, the act of God or the public enemy, may be passed to take effect immediately without
publication and at one meeting, by the vote of one more than a majority of the members of the
municipal council.
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AppendixB–StatuteforCouncil‐Manager
40:69A-83.1. Council-manager plan; charter provision; regular municipal or general election; term of office
Any municipality adopting a council-manager plan of government shall provide in its charter that the
council members shall be elected by the voters of the municipality either:
a. At a regular municipal election held on the second Tuesday in May in the years in which municipal
officers are to be elected, in which case the term of office of the council members shall begin on July
1 next following their election; or
b. At the general election held on the first Tuesday after the first Monday in November or at such
other time as may be provided by law for holding general elections, in which case the term of office
of the council members shall begin on January 1 next following their election.
L.1981, c. 465, s. 23, eff. Jan. 9, 1982.
40:69A-83.2. Election at large or by wards
Any municipality adopting a council-manager plan of government shall provide in its charter either:
a. That the council members shall be elected at large by the voters of the municipality at the regular
municipal election, on general election, as the charter shall provide; or
b. That the municipality shall be divided into wards pursuant to the authority granted in section 1-13
or 1-19 (C.40:69A-13 or 40:69A-19), that council members shall be
Optional Municipal Charter Law Page 33 N.J.S.A 40:69A-1 et seq.
elected at large and by wards at the regular municipal election or general election, as the charter shall
provide; and that no more than one council member shall be elected from each ward established in
the municipality, and all other council members shall be elected at large.
L.1981, c.465, s.24; amended 1989,c.221,s.5.
40:69A-83.3. Terms of first council members
a. Any municipality adopting a council-manager plan of government may provide in its charter that
the council members elected at the first regular municipal election or general election, as the charter
shall provide, following the adoption of the plan shall serve for the following terms: if the municipal
council is to consist of five members, two shall serve for four years and three for two years; if the
municipal council is to consist of seven members, three shall serve for four years and four for two
years; or if the municipal council is to consist of nine members, four shall serve for four years and
five for two years. The length of the respective term of each member of the first council shall be
determined by lot at the organization of the council immediately following the election; except that
if, pursuant to the charter, the mayor is elected directly by the voters, the mayor shall, for the
purposes of this subsection, be counted among those first council members to serve a four year
term.
b. Notwithstanding the provisions of subsection a. of this section, if a municipality adopting the
provisions of this section shall also provide in its charter that the municipality shall be divided into
wards pursuant to the authority granted in section 1-13 or 1-19 (C.40:69A-13 or 40:69A-19), the
council members elected at the first regular municipal election or general election, as the charter
shall provide, following the adoption of the plan shall serve as follows: the council members elected
at large for a term of four years; and the council members elected from wards for a term of two
years.
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L.1981, c.465, s.25; amended 1989, c.221, s.6.
40:69A-86. Mayor; election by council or by voters; charter provision
Any municipality adopting a council-manager plan of government shall provide in its charter either:
a. That the mayor shall be elected by the members of the council; in which case on the first day of
July or January, as appropriate, following their election, the members-elect of the municipal council
shall assemble at the usual place of meeting of the governing body of the municipality and organize
and elect one of their number as mayor. The mayor shall be chosen by ballot by majority vote of all
members of the municipal council. If the members shall be unable, within five ballots to be taken
within 2 days of said organization meeting, to elect a mayor, then the member who in the election
for
Optional Municipal Charter Law Page 34 N.J.S.A 40:69A-1 et seq.
members of the municipal council received the greatest number of votes shall be the mayor. Should
such person decline to accept the office, then the person receiving the next highest vote shall be the
mayor, and so on, until the office is filled; or
b. That the mayor shall be elected directly by the voters of the municipality at the regular municipal
election, or general election, as the charter shall provide. At the first election following the adoption
of the charter, and each appropriate subsequent election, one position of council member to be
elected at large shall be designated and voted for under the title of mayor, and candidates for the
position shall be clearly designated as candidates for mayor in their respective nominating petitions.
The candidate for mayor receiving the greatest number of votes shall be elected, and shall serve for a
term of 4 years.
L.1950, c. 210, p. 486, s. 9-6, eff. June 8, 1950. Amended by L.1981, c. 465, s. 26, eff. Jan. 9, 1982.
40:69A-87. Duties of mayor
The mayor shall preside at all meetings of the municipal council and shall have a voice and vote in
its proceedings. He shall fill vacancies occurring in the trustees of the public library and in the board
of education where the municipality is operating under chapter 6 of Title 18 of the Revised Statutes
for such terms of office as are provided by law. All bonds, notes, contracts and written obligations
of the municipality shall be executed on its behalf by the mayor or, in the event of his inability to act,
by such councilman as the municipal council shall designate to act as mayor during his absence or
disability. The powers and duties of the mayor shall be only such as are expressly conferred upon
him by this article.
L.1950, c. 210, p. 486, s. 9-7, eff. June 8, 1950.
40:69A-88. Powers of municipality vested in council; exceptions
All powers of the municipality and the determination of all matters of policy shall be vested in the
municipal council, except as otherwise provided by this act or by general law.
L.1950, c. 210, p. 487, s. 9-8, eff. June 8, 1950.
40:69A-89. Appointment of municipal manager and clerk and others
The municipal council shall appoint a municipal manager and a municipal clerk. Both of such offices
may be held by the same person. The council may provide for the manner of appointment of a
municipal attorney, any planning board, zoning board of adjustment or personnel board in the
municipality, and may create commissions and other bodies with advisory powers.
L.1950, c. 210, p. 487, s. 9-9.
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Optional Municipal Charter Law Page 35 N.J.S.A 40:69A-1 et seq.
40:69A-90. Departments, boards and offices; deputy manager
The municipal council shall continue or create, and determine and define the powers and duties of
such executive and administrative departments, boards and offices, in addition to those provided for
herein, as it may deem necessary for the proper and efficient conduct of the affairs of the
municipality, including the office of deputy manager which shall not be included in the classified
service under Title 11 of the Revised Statutes. Any department, board or office so continued or
created may at any time be abolished by the municipal council.
L.1950, c. 210, p. 487, s. 9-10, eff. June 8, 1950.
40:69A-91. Municipal council to act as a body; administrative service to be performed through manager; committees
or commissions
It is the intention of this article that the municipal council shall act in all the matters as a body, and it
is contrary to the spirit of this article for any of its members to seek individually to influence the
official acts of the municipal manager, or any other officer, or for the council or any of its members
to direct or request the appointment of any person to, or his removal from, office; or to interfere in
any way with the performance by such officers of their duties. The council and its members shall
deal with the administrative service solely through the manager and shall not give orders to any
subordinates of the manager, either publicly or privately. Nothing herein contained shall prevent the
municipal council from appointing committees or commissions of its own members or of citizens to
conduct investigations into the conduct of any officer or department, or any matter relating to the
welfare of the municipality, and delegating to such committees or commissions such powers of
inquiry as the municipal council may deem necessary. Any council member violating the provisions
of this section shall, upon conviction thereof in a court of competent jurisdiction, be disqualified as
a council member.
L.1950, c.210, s.9-11; amended 1989, c.221, s.7.
40:69A-92. Qualifications of municipal manager
The municipal manager shall be chosen by the council solely on the basis of his executive and
administrative qualifications with special reference to his actual experience in, or his knowledge of,
accepted practice in respect to the duties of his office as hereinafter set forth. At the time of his
appointment, he need not be a resident of the municipality or State, but during his tenure of office
he may reside outside the municipality only with the approval of council.
L.1950, c. 210, p. 488, s. 9-12, eff. June 8, 1950.
Optional Municipal Charter Law Page 36 N.J.S.A 40:69A-1 et seq.
40:69A-93. Term of municipal manager; removal; suspension
The municipal manager shall hold office for an indefinite term and may be removed by a majority
vote of the council. At least 30 days before such removal shall become effective, the council shall by
a majority vote of its members adopt a preliminary resolution stating the reasons for his removal.
The manager may reply in writing and may request a public hearing, which shall be held not earlier
than 20 days nor later than 30 days after the filing of such request. After such public hearing, if one
be requested, and after full consideration, the council by majority vote of its members may adopt a
final resolution of removal. By the preliminary resolution the council may suspend the manager
from duty, but shall in any case cause to be paid him forthwith any unpaid balance of his salary and
his salary for the next 3 calendar months following adoption of the preliminary resolution unless he
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is removed for good cause. For the purposes of this section, "good cause" shall mean conviction of
a crime or offense involving moral turpitude, the violation of the provisions of section 17-14, 17-15,
17-16, 17-17 or 17-18 of P.L.1950, c. 210 (C. 40:69A-163 through 40:69A-167), or the violation of
any code of ethics in effect within the municipality.
L.1950, c. 210, p. 488, s. 9-13, eff. June 8, 1950. Amended by L.1981, c. 465, s. 27, eff. Jan. 9, 1982.
40:69A-94. Absence or disability of manager
The manager may designate a qualified administrative officer of the municipality to perform his
duties during his temporary absence or disability. In the event of his failure to make such
designation, the council may by resolution appoint an officer of the municipality to perform the
duties of the manager during such absence or disability until he shall return or his disability shall
cease.
L.1950, c. 210, p. 488, s. 9-14.
40:69A-95. Powers and duties of manager
The municipal manager shall:
(a) Be the chief executive and administrative official of the municipality;
(b) Execute all laws and ordinances of the municipality;
(c) Appoint and remove a deputy manager if one be authorized by the council, all department heads
and all other officers, subordinates, and assistants, except a municipal tax assessor, for whose
selection or removal no other method is provided in this article, except that he may authorize the
head of a department to appoint and remove subordinates in such department, supervise and
control his appointees, and report all appointments or removals at the next meeting thereafter of the
municipal council;
Optional Municipal Charter Law Page 37 N.J.S.A 40:69A-1 et seq.
(d) Negotiate contracts for the municipality subject to the approval of the municipal council, make
recommendations concerning the nature and location of municipal improvements, and execute
municipal improvements as determined by the municipal council;
(e) See that all terms and conditions imposed in favor of the municipality or its inhabitants in any
statute, public utility franchise or other contract are faithfully kept and performed, and upon
knowledge of any violation call the same to the attention of the municipal council;
(f) Attend all meetings of the municipal council with the right to take part in the discussions, but
without the right to vote;
(g) Recommend to the municipal council for adoption such measures as he may deem necessary or
expedient, keep the council advised of the financial condition of the municipality, make reports to
the council as requested by it, and at least once a year make an annual report of his work for the
benefit of the council and the public;
(h) Investigate at any time the affairs of any officer or department of the municipality;
(i) Perform such other duties as may be required of the municipal manager by ordinance or
resolution of the municipal council.
The municipal manager shall be responsible to the council for carrying out all policies established by
it and for the proper administration of all affairs of the municipality within the jurisdiction of the
council.
L.1950, c. 210, p. 489, s. 9-15, eff. June 8, 1950. Amended by L.1981, c. 393, s. 6, eff. Jan. 6, 1982.
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40:69A-96. Budget; preparation by manager
The municipal budget shall be prepared by the municipal manager. During the month of November
in each year, the municipal manager shall require all department heads to submit requests for
appropriations for the ensuing budget year, and to appear before him at public hearings, which shall
be held during that month, on the various requests.
L.1950, c. 210, p. 490, s. 9-16, eff. June 8, 1950.
40:69A-97. Submission of budget to council
Except in those municipalities which operate on the State fiscal year pursuant to section 2 or 3 of
P.L.1991, c.75 (C.40A:4-3.1 or C.40A:4-3.2), on or before the fifteenth day of the
Optional Municipal Charter Law Page 38 N.J.S.A 40:69A-1 et seq.
fiscal year the municipal manager shall submit to council his recommended budget together with
such explanatory comment or statement as he may deem desirable. The budget shall be in such form
as is required by law for municipal budgets, and shall in addition have appended thereto detailed
analysis of the various items of expenditure and revenue.
The council shall, where practicable, provide by ordinance for the operation of a system of work
programs and quarterly allotments for operation of the budget, and for development and reporting
of appropriate unit costs of budgeted expenditures.
L.1950,c.210,s.9-17; amended 1991,c.75,s.7.
40:69A-97.1. Council-manager plan deadline
Notwithstanding the provisions of section 9-17 of P.L. 1950, c. 210 (C. 40:69A-97), in any local
budget year for which budget dates are extended pursuant to section 1 of this act, the municipal
manager of a municipality governed under the "council-manager plan" pursuant to P.L. 1950, c. 210
(C. 40:69A-1 t seq.) which takes advantage of such extension shall submit to the council his
recommended budget not less than 16 days prior to the extended date for the introduction and
approval of municipal budgets.
L. 1989, c. 31, s. 9.
40:69A-98. Laws conferring powers upon mayor or other executive head construed as meaning municipal manager
Any provision of general law conferring the appointing power or other power upon the mayor or
other executive head of the municipality shall be construed as meaning the municipal manager in a
municipality governed under this article, and the appointments or the power exercised by the
municipal manager in accordance with such provision shall be classified and given the same force
and effect as if executed by the official named therein, except that members of the board of
education and of the trustees of the public library, whenever required to be appointed by any such
provision by any board or official of the municipality, shall be appointed under this article by the
mayor, and except that the mayor shall serve as the fifth member of the board of school estimate
pursuant to N.J.S. 18A:22-1.
L.1950, c. 210, p. 490, s. 9-18, eff. June 8, 1950. Amended by L.1981, c. 68, s. 1, eff. March 18, 1981
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AppendixC–CommissionStatute
40:69A-7.
Duties of charter commission
It shall be the function and duty of the charter commission to study the form of government of the
municipality, to compare it with other available forms under the laws of this State, to determine
whether or not in its judgment the government of the municipality could be strengthened, made
more clearly responsive or accountable to the people or whether its operation could be more
economical or efficient, under a changed form of government.
L.1950, c. 210, p. 463, s. 1-7, eff. June 8, 1950.
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AppendixD‐AdditionalStatutes
WESTLAW New Jersey Statutes Annotated Title 40:3A Chapter 69A Select Articles AsburyParkCharterStudyCommission–8/5/2013
43
40:69A-26. Laws governing after adoption of optional form of..., NJ ST 40:69A-26
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 2. Incorporation and Powers
N.J.S.A. 40:69A-26
40:69A-26. Laws governing after adoption of optional form of government
Currentness
Upon the adoption by the qualified voters of any municipality of any of the optional forms of government set forth in this act,
the municipality shall thereafter be governed by the plan adopted, by the provisions of this act 1 common to optional plans and
by all applicable provisions of general law, subject to the transitional provisions of article 17 of this act, 2 unless and until the
municipality should adopt another form of government as provided by law.
Credits
L.1950, c. 210, p. 470, § 2-1, eff. June 8, 1950.
Notes of Decisions (16)
Footnotes
N.J.S.A. §§ 40:69A-1 to 40:69A-210.
1
N.J.S.A. §§ 40:69A-150 to 40:69A-210.
2
N. J. S. A. 40:69A-26, NJ ST 40:69A-26
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-27. Municipality remains body corporate and politic; name, NJ ST 40:69A-27
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 2. Incorporation and Powers
N.J.S.A. 40:69A-27
40:69A-27. Municipality remains body corporate and politic; name
Currentness
Upon such adoption of a plan under this act, the inhabitants of any municipality or municipalities within the corporate limits as
now or hereafter established shall be and remain a body corporate and politic with perpetual succession, and with such corporate
name as it has heretofore adopted or may hereafter adopt.
Credits
L.1950, c. 210, p. 471, § 2-2, eff. June 8, 1950.
N. J. S. A. 40:69A-27, NJ ST 40:69A-27
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-28. “General law” defined, NJ ST 40:69A-28
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 2. Incorporation and Powers
N.J.S.A. 40:69A-28
40:69A-28. “General law” defined
Currentness
For the purposes of this act, a “general law” shall be deemed to be any law or provision of law, not inconsistent with this act,
heretofore or hereafter enacted which is by its terms applicable or available to all municipalities, and the following additional
laws whether or not such additional laws are so applicable or available to all municipalities: legislation relating to taxation,
local courts, education, health, public authorities serving more than one municipality, and municipalities in unsound financial
condition.
Credits
L.1950, c. 210, p. 471, § 2-3, eff. June 8, 1950.
Notes of Decisions (7)
N. J. S. A. 40:69A-28, NJ ST 40:69A-28
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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1
40:69A-29. General powers of municipalities governed by optional..., NJ ST 40:69A-29
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 2. Incorporation and Powers
N.J.S.A. 40:69A-29
40:69A-29. General powers of municipalities governed by optional form of government
Effective: January 5, 2006
Currentness
Each municipality governed by an optional form of government pursuant to this act shall, subject to the provisions of this act
or other general laws, have full power to:
(a) Organize and regulate its internal affairs, and to establish, alter, and abolish offices, positions and employments and to define
the functions, powers and duties thereof and fix their terms, tenure and compensation;
(b) Adopt and enforce local police ordinances of all kinds and impose one or more of the following penalties: fines not exceeding
$2,000 or imprisonment for any term not exceeding 90 days, or a period of community service not exceeding 90 days for the
violation thereof; prescribe that for the violation of particular ordinances at least a minimum penalty shall be imposed which
shall consist of a fine which may be fixed at an amount not exceeding $100; prescribe that for the violation of an ordinance
pertaining to unlawful solid waste disposal at least a minimum penalty shall be imposed which shall consist of a fine which
may be fixed at an amount not exceeding $2,500 or a maximum penalty by a fine not exceeding $10,000; to construct, acquire,
operate or maintain any and all public improvements, projects or enterprises for any public purpose, subject to referendum
requirements otherwise imposed by law, and to exercise all powers of local government in such manner as its governing body
may determine;
(c) Sue and be sued, to have a corporate seal, to contract and be contracted with, to buy, sell, lease, hold and dispose of real
and personal property, to appropriate and expend moneys, and to adopt, amend and repeal such ordinances and resolutions as
may be required for the good government thereof;
(d) Exercise powers of condemnation, borrowing and taxation in the manner provided by general law.
Any person who is convicted of violating an ordinance within one year of the date of a previous violation of the same ordinance
and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The
additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the
maximum fine fixed for a violation of the ordinance, but shall be calculated separately from the fine imposed for the violation
of the ordinance.
Any municipality which chooses not to impose an additional fine upon a person for a repeated violation of any municipal
ordinance may waive the additional fine by ordinance or resolution.
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1
40:69A-29. General powers of municipalities governed by optional..., NJ ST 40:69A-29
Any municipality that chooses to impose a fine in an amount greater than $1,250 upon an owner for violations of housing or
zoning codes shall provide a 30-day period in which the owner shall be afforded the opportunity to cure or abate the condition
and shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination
concerning the violation. Subsequent to the expiration of the 30-day period, a fine greater than $1,250 may be imposed if a
court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been
substantially completed.
Credits
L.1950, c. 210, p. 471, § 2-4, eff. June 8, 1950. Amended L.1983, c. 410, § 2, eff. Jan. 4, 1984; L.1987, c. 411, § 2, eff. Jan. 14,
1988; L.1989, c. 114, § 2, eff. June 29, 1989; L.2003, c. 231, § 7, eff. Jan. 9, 2004; L.2005, c. 269, § 2, eff. Jan. 5, 2006.
Notes of Decisions (36)
N. J. S. A. 40:69A-29, NJ ST 40:69A-29
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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© 2013 Thomson Reuters. No claim to original U.S. Government Works.
2
40:69A-30. Power of local self-government conferred; construction..., NJ ST 40:69A-30
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 2. Incorporation and Powers
N.J.S.A. 40:69A-30
40:69A-30. Power of local self-government conferred; construction of grants of power
Currentness
The general grant of municipal power contained in this article is intended to confer the greatest power of local self-government
consistent with the Constitution of this State. Any specific enumeration of municipal powers contained in this act or in any
other general law shall not be construed in any way to limit the general description of power contained in this article, and any
such specifically enumerated municipal powers shall be construed as in addition and supplementary to the powers conferred
in general terms by this article. All grants of municipal power to municipalities governed by an optional plan under this act,
whether in the form of specific enumeration or general terms, shall be liberally construed, as required by the Constitution of
this State, in favor of the municipality.
Credits
L.1950, c. 210, p. 472, § 2-5, eff. June 8, 1950.
Notes of Decisions (6)
N. J. S. A. 40:69A-30, NJ ST 40:69A-30
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-150. Municipal elections; time, NJ ST 40:69A-150
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
A. Elections in General
N.J.S.A. 40:69A-150
40:69A-150. Municipal elections; time
Effective: January 1, 2011
Currentness
Regular municipal elections shall be held in each municipality on the second Tuesday in May, or on the day of the general
election in November if chosen by the municipality pursuant to subsection a. of section 1 of P.L.2009, c. 196 (C.40:45-7.1), in
the years in which municipal officers are to be elected, where the election of such officers is not provided to be at the general
election. Regular municipal elections shall be conducted pursuant to the “Uniform Nonpartisan Elections Law,” P.L.1981, c.
379 (C.40:45-5 et seq.).
Credits
L.1950, c. 210, p. 503, § 17-1, eff. June 8, 1950. Amended by L.1981, c. 379, § 30, eff. Jan. 1, 1982; L.2009, c. 196, § 9,
eff. Jan. 1, 2011.
Notes of Decisions (1)
N. J. S. A. 40:69A-150, NJ ST 40:69A-150
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-151. Repealed by L.1981, c. 379, § 31, eff. Jan. 1, 1982, NJ ST 40:69A-151
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
A. Elections in General
N.J.S.A. 40:69A-151
40:69A-151. Repealed by L.1981, c. 379, § 31, eff. Jan. 1, 1982
Currentness
N. J. S. A. 40:69A-151, NJ ST 40:69A-151
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-152. Terms of municipal officers, NJ ST 40:69A-152
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
A. Elections in General
N.J.S.A. 40:69A-152
40:69A-152. Terms of municipal officers
Currentness
Every municipal officer elected under any of the plans provided in this act shall serve for the term of office specified in the
plan and until his successor is elected and qualified.
Credits
L.1950, c. 210, p. 503, § 17-3, eff. June 8, 1950.
Notes of Decisions (1)
N. J. S. A. 40:69A-152, NJ ST 40:69A-152
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-153. Repealed by L.1981, c. 379, § 31, eff. Jan. 1, 1982, NJ ST 40:69A-153
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
B. Regular Municipal Elections
N.J.S.A. 40:69A-153
40:69A-153. Repealed by L.1981, c. 379, § 31, eff. Jan. 1, 1982
Currentness
N. J. S. A. 40:69A-153, NJ ST 40:69A-153
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-153.1. Dual candidacy; prohibition, NJ ST 40:69A-153.1
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
B. Regular Municipal Elections
N.J.S.A. 40:69A-153.1
40:69A-153.1. Dual candidacy; prohibition
Currentness
No person shall accept nomination for more than one municipal office to be voted for at a regular municipal election to be held
pursuant to Article 17 of P.L.1950, c. 210 (C. 40:69A-150 et seq.).
Credits
L.1981, c. 87, § 1, eff. March 26, 1981.
N. J. S. A. 40:69A-153.1, NJ ST 40:69A-153.1
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-154 to 40:69A-161. Repealed by L.1981, c. 379, § 31,..., NJ ST 40:69A-154
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
B. Regular Municipal Elections
N.J.S.A. 40:69A-154
40:69A-154 to 40:69A-161. Repealed by L.1981, c. 379, § 31, eff. Jan. 1, 1982
Currentness
Editors' Notes
TABLE
Showing disposition of subject matter of repealed sections 40:69A-154 to 40:69A-161.
Former
Section
New
Section
40:69A-154.......................................................... ............................................................................................................... 40:45-9
40:69A-155.......................................................... ............................................................................................................. 40:45-10
40:69A-156.......................................................... ............................................................................................................. 40:45-12
40:69A-157.......................................................... ............................................................................................................. 40:45-13
40:69A-158.......................................................... ............................................................................................................. 40:45-14
40:69A-159.......................................................... ............................................................................................................. 40:45-15
40:69A-159.1....................................................... ............................................................................................................. 40:45-16
40:69A-160.......................................................... ............................................................................................................ 40:45-17,
40:45-18,
40:45-20,
40:45-21
40:69A-161.......................................................... ............................................................................................................. 40:45-19
N. J. S. A. 40:69A-154, NJ ST 40:69A-154
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-154 to 40:69A-161. Repealed by L.1981, c. 379, § 31,..., NJ ST 40:69A-155
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
B. Regular Municipal Elections
N.J.S.A. 40:69A-155
40:69A-154 to 40:69A-161. Repealed by L.1981, c. 379, § 31, eff. Jan. 1, 1982
Currentness
Editors' Notes
TABLE
Showing disposition of subject matter of repealed sections 40:69A-154 to 40:69A-161.
Former
Section
New
Section
40:69A-154.......................................................... ............................................................................................................... 40:45-9
40:69A-155.......................................................... ............................................................................................................. 40:45-10
40:69A-156.......................................................... ............................................................................................................. 40:45-12
40:69A-157.......................................................... ............................................................................................................. 40:45-13
40:69A-158.......................................................... ............................................................................................................. 40:45-14
40:69A-159.......................................................... ............................................................................................................. 40:45-15
40:69A-159.1....................................................... ............................................................................................................. 40:45-16
40:69A-160.......................................................... ............................................................................................................ 40:45-17,
40:45-18,
40:45-20,
40:45-21
40:69A-161.......................................................... ............................................................................................................. 40:45-19
N. J. S. A. 40:69A-155, NJ ST 40:69A-155
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-154 to 40:69A-161. Repealed by L.1981, c. 379, § 31,..., NJ ST 40:69A-156
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
B. Regular Municipal Elections
N.J.S.A. 40:69A-156
40:69A-154 to 40:69A-161. Repealed by L.1981, c. 379, § 31, eff. Jan. 1, 1982
Currentness
Editors' Notes
TABLE
Showing disposition of subject matter of repealed sections 40:69A-154 to 40:69A-161.
Former
Section
New
Section
40:69A-154.......................................................... ............................................................................................................... 40:45-9
40:69A-155.......................................................... ............................................................................................................. 40:45-10
40:69A-156.......................................................... ............................................................................................................. 40:45-12
40:69A-157.......................................................... ............................................................................................................. 40:45-13
40:69A-158.......................................................... ............................................................................................................. 40:45-14
40:69A-159.......................................................... ............................................................................................................. 40:45-15
40:69A-159.1....................................................... ............................................................................................................. 40:45-16
40:69A-160.......................................................... ............................................................................................................ 40:45-17,
40:45-18,
40:45-20,
40:45-21
40:69A-161.......................................................... ............................................................................................................. 40:45-19
N. J. S. A. 40:69A-156, NJ ST 40:69A-156
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-154 to 40:69A-161. Repealed by L.1981, c. 379, § 31,..., NJ ST 40:69A-157
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
B. Regular Municipal Elections
N.J.S.A. 40:69A-157
40:69A-154 to 40:69A-161. Repealed by L.1981, c. 379, § 31, eff. Jan. 1, 1982
Currentness
Editors' Notes
TABLE
Showing disposition of subject matter of repealed sections 40:69A-154 to 40:69A-161.
Former
Section
New
Section
40:69A-154.......................................................... ............................................................................................................... 40:45-9
40:69A-155.......................................................... ............................................................................................................. 40:45-10
40:69A-156.......................................................... ............................................................................................................. 40:45-12
40:69A-157.......................................................... ............................................................................................................. 40:45-13
40:69A-158.......................................................... ............................................................................................................. 40:45-14
40:69A-159.......................................................... ............................................................................................................. 40:45-15
40:69A-159.1....................................................... ............................................................................................................. 40:45-16
40:69A-160.......................................................... ............................................................................................................ 40:45-17,
40:45-18,
40:45-20,
40:45-21
40:69A-161.......................................................... ............................................................................................................. 40:45-19
N. J. S. A. 40:69A-157, NJ ST 40:69A-157
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-154 to 40:69A-161. Repealed by L.1981, c. 379, § 31,..., NJ ST 40:69A-158
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
B. Regular Municipal Elections
N.J.S.A. 40:69A-158
40:69A-154 to 40:69A-161. Repealed by L.1981, c. 379, § 31, eff. Jan. 1, 1982
Currentness
Editors' Notes
TABLE
Showing disposition of subject matter of repealed sections 40:69A-154 to 40:69A-161.
Former
Section
New
Section
40:69A-154.......................................................... ............................................................................................................... 40:45-9
40:69A-155.......................................................... ............................................................................................................. 40:45-10
40:69A-156.......................................................... ............................................................................................................. 40:45-12
40:69A-157.......................................................... ............................................................................................................. 40:45-13
40:69A-158.......................................................... ............................................................................................................. 40:45-14
40:69A-159.......................................................... ............................................................................................................. 40:45-15
40:69A-159.1....................................................... ............................................................................................................. 40:45-16
40:69A-160.......................................................... ............................................................................................................ 40:45-17,
40:45-18,
40:45-20,
40:45-21
40:69A-161.......................................................... ............................................................................................................. 40:45-19
N. J. S. A. 40:69A-158, NJ ST 40:69A-158
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-154 to 40:69A-161. Repealed by L.1981, c. 379, § 31,..., NJ ST 40:69A-159
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
B. Regular Municipal Elections
N.J.S.A. 40:69A-159
40:69A-154 to 40:69A-161. Repealed by L.1981, c. 379, § 31, eff. Jan. 1, 1982
Currentness
Editors' Notes
TABLE
Showing disposition of subject matter of repealed sections 40:69A-154 to 40:69A-161.
Former
Section
New
Section
40:69A-154.......................................................... ............................................................................................................... 40:45-9
40:69A-155.......................................................... ............................................................................................................. 40:45-10
40:69A-156.......................................................... ............................................................................................................. 40:45-12
40:69A-157.......................................................... ............................................................................................................. 40:45-13
40:69A-158.......................................................... ............................................................................................................. 40:45-14
40:69A-159.......................................................... ............................................................................................................. 40:45-15
40:69A-159.1....................................................... ............................................................................................................. 40:45-16
40:69A-160.......................................................... ............................................................................................................ 40:45-17,
40:45-18,
40:45-20,
40:45-21
40:69A-161.......................................................... ............................................................................................................. 40:45-19
N. J. S. A. 40:69A-159, NJ ST 40:69A-159
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-154 to 40:69A-161. Repealed by L.1981, c. 379, § 31,..., NJ ST 40:69A-160
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
B. Regular Municipal Elections
N.J.S.A. 40:69A-160
40:69A-154 to 40:69A-161. Repealed by L.1981, c. 379, § 31, eff. Jan. 1, 1982
Currentness
Editors' Notes
TABLE
Showing disposition of subject matter of repealed sections 40:69A-154 to 40:69A-161.
Former
Section
New
Section
40:69A-154.......................................................... ............................................................................................................... 40:45-9
40:69A-155.......................................................... ............................................................................................................. 40:45-10
40:69A-156.......................................................... ............................................................................................................. 40:45-12
40:69A-157.......................................................... ............................................................................................................. 40:45-13
40:69A-158.......................................................... ............................................................................................................. 40:45-14
40:69A-159.......................................................... ............................................................................................................. 40:45-15
40:69A-159.1....................................................... ............................................................................................................. 40:45-16
40:69A-160.......................................................... ............................................................................................................ 40:45-17,
40:45-18,
40:45-20,
40:45-21
40:69A-161.......................................................... ............................................................................................................. 40:45-19
N. J. S. A. 40:69A-160, NJ ST 40:69A-160
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-154 to 40:69A-161. Repealed by L.1981, c. 379, § 31,..., NJ ST 40:69A-161
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
B. Regular Municipal Elections
N.J.S.A. 40:69A-161
40:69A-154 to 40:69A-161. Repealed by L.1981, c. 379, § 31, eff. Jan. 1, 1982
Currentness
Editors' Notes
TABLE
Showing disposition of subject matter of repealed sections 40:69A-154 to 40:69A-161.
Former
Section
New
Section
40:69A-154.......................................................... ............................................................................................................... 40:45-9
40:69A-155.......................................................... ............................................................................................................. 40:45-10
40:69A-156.......................................................... ............................................................................................................. 40:45-12
40:69A-157.......................................................... ............................................................................................................. 40:45-13
40:69A-158.......................................................... ............................................................................................................. 40:45-14
40:69A-159.......................................................... ............................................................................................................. 40:45-15
40:69A-159.1....................................................... ............................................................................................................. 40:45-16
40:69A-160.......................................................... ............................................................................................................ 40:45-17,
40:45-18,
40:45-20,
40:45-21
40:69A-161.......................................................... ............................................................................................................. 40:45-19
N. J. S. A. 40:69A-161, NJ ST 40:69A-161
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-161.1. Repealed by L.1980, c. 75, § 3, eff. July 24, 1980, NJ ST 40:69A-161.1
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
B. Regular Municipal Elections
N.J.S.A. 40:69A-161.1
40:69A-161.1. Repealed by L.1980, c. 75, § 3, eff. July 24, 1980
Currentness
N. J. S. A. 40:69A-161.1, NJ ST 40:69A-161.1
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-162. Candidates elected in municipalities adopting article..., NJ ST 40:69A-162
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
B. Regular Municipal Elections
N.J.S.A. 40:69A-162
40:69A-162. Candidates elected in municipalities adopting article 13 or 14
Currentness
In any municipality which has adopted article 13 or 14 of this act, 1 the candidate for mayor, if there be one, who receives the
greatest number of votes shall be elected and the number of candidates for council member equal to the number of places to be
filled in the council, receiving the greatest number of votes shall be elected.
Credits
L.1950, c. 210, p. 508, § 17-13. Amended by L.1989, c. 221, § 14, eff. Dec. 29, 1989.
Footnotes
N.J.S.A. §§ 40:69A-115 to 40:69A-138.
1
N. J. S. A. 40:69A-162, NJ ST 40:69A-162
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-163. Interest in contracts or jobs forbidden, NJ ST 40:69A-163
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
C. Officers and Employees
N.J.S.A. 40:69A-163
40:69A-163. Interest in contracts or jobs forbidden
Currentness
No officer or employee elected or appointed in any municipality shall be interested directly or indirectly in any contract or job
for work or materials, or the profits thereof, to be furnished or performed for the municipality, and no such officer or employee
shall be interested directly or indirectly in any contract or job for work or materials or the profits thereof, to be furnished or
performed, for any person operating any interurban railway, street railway, gas works, waterworks, electric light or power plant,
heating plant, telegraph line, telephone exchange, or other public utility within the territorial limits of such municipality.
Credits
L.1950, c. 210, p. 509, § 17-14, eff. June 8, 1950.
Notes of Decisions (2)
N. J. S. A. 40:69A-163, NJ ST 40:69A-163
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-164. Franks, free passes, tickets or services; acceptance..., NJ ST 40:69A-164
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
C. Officers and Employees
N.J.S.A. 40:69A-164
40:69A-164. Franks, free passes, tickets or services; acceptance forbidden
Currentness
No officer or employee shall accept or receive, directly or indirectly, from any person operating within the territorial limits
of a municipality, any interurban railway, street railway, gas works, waterworks, electric light or power plant, heating plant,
telegraph line, telephone exchange or other business using or operating under a public franchise, any frank, free pass, free ticket
or free service, or accept or receive, directly or indirectly, from any person, any other service upon terms more favorable than
is granted to the public generally, except that such prohibition of free transportation shall not apply to policemen or firemen
in uniform. Nor shall any free service to the municipal officials heretofore provided by any franchise or ordinance be affected
by this section.
Credits
L.1950, c. 210, p. 509, § 17-15, eff. June 8, 1950.
N. J. S. A. 40:69A-164, NJ ST 40:69A-164
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-165. Promise of office, position, employment or benefits..., NJ ST 40:69A-165
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
C. Officers and Employees
N.J.S.A. 40:69A-165
40:69A-165. Promise of office, position, employment or benefits forbidden
Currentness
No candidate for office, appointment or employment, and no officer, appointee, or employee in any municipality shall directly
or indirectly give or promise any person any office, position, employment, benefit or anything of value for the purpose of
influencing or obtaining the political support, aid or vote of any person, under the penalty of being disqualified to hold the
office or employment to which he may be or may have been elected or appointed.
Credits
L.1950, c. 210, p. 509, § 17-16, eff. June 8, 1950.
N. J. S. A. 40:69A-165, NJ ST 40:69A-165
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-166. Repealed by L.2003, c. 145, § 2, eff. Aug. 15, 2003, NJ ST 40:69A-166
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
C. Officers and Employees
N.J.S.A. 40:69A-166
40:69A-166. Repealed by L.2003, c. 145, § 2, eff. Aug. 15, 2003
Effective: August 15, 2004
Currentness
N. J. S. A. 40:69A-166, NJ ST 40:69A-166
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-167. Failure to appear or testify before court, legislative..., NJ ST 40:69A-167
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
C. Officers and Employees
N.J.S.A. 40:69A-167
40:69A-167. Failure to appear or testify before court, legislative committee or Governor
Currentness
If any person hereafter elected or appointed to any office or position in a municipality governed under this act shall, after lawful
notice or process, willfully refuse or fail to appear before any court, any legislative committee, or the Governor, or having
appeared shall refuse to testify or to answer any question regarding the property, government or affairs of the municipality,
or regarding his nomination, election appointment or official conduct on the ground that his answer would tend to incriminate
him, or shall refuse to waive immunity from prosecution on account of any such matter in relation to which he may be asked
to testify, may be removed from office by the governing body of the municipality in its discretion. Any person removed from
office pursuant to this section shall not thereafter be eligible for election or appointment to any office or employment in such
municipality.
Credits
L.1950, c. 210, p. 510, § 17-18, eff. June 8, 1950.
N. J. S. A. 40:69A-167, NJ ST 40:69A-167
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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1
40:69A-167.1. Repealed by L.1980, c. 94, § 7, eff. Jan. 1, 1981, NJ ST 40:69A-167.1
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
C. Officers and Employees
N.J.S.A. 40:69A-167.1
40:69A-167.1. Repealed by L.1980, c. 94, § 7, eff. Jan. 1, 1981
Currentness
N. J. S. A. 40:69A-167.1, NJ ST 40:69A-167.1
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-168. Elective officers; removal by recall petition and vote, NJ ST 40:69A-168
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
D. Recall
N.J.S.A. 40:69A-168
40:69A-168. Elective officers; removal by recall petition and vote
Currentness
Any elective officer shall be subject to removal from office for cause connected with his office, after he has served at least one
year, upon the filing of a recall petition and the affirmative vote of a majority of those voting on the question of removal at
any general, regular municipal or special election.
Credits
L.1950, c. 210, p. 510, § 17-19, eff. June 8, 1950.
Notes of Decisions (10)
N. J. S. A. 40:69A-168, NJ ST 40:69A-168
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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1
40:69A-169. Recall petition, NJ ST 40:69A-169
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
D. Recall
N.J.S.A. 40:69A-169
40:69A-169. Recall petition
Currentness
A recall petition shall demand the removal of a designated incumbent, shall be signed by qualified voters equal in number to
at least twenty-five per centum (25%) of the registered voters of the municipality, and shall be filed with the municipal clerk.
It shall set forth a statement of the cause upon which the removal is sought.
Credits
L.1950, c. 210, p. 510, § 17-20, eff. June 8, 1950.
Notes of Decisions (9)
N. J. S. A. 40:69A-169, NJ ST 40:69A-169
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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1
40:69A-170. Signatures to recall petition, NJ ST 40:69A-170
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
D. Recall
N.J.S.A. 40:69A-170
40:69A-170. Signatures to recall petition
Currentness
The signatures to a recall petition need not all be appended to one paper but each signer shall add to his signature his place of
residence giving the street and number or other sufficient designation if there shall be no street and number. One of the signers
to each such paper shall take an oath before an officer competent to administer oaths that the statement therein made is true as
he believes and that each signature to the paper appended is the genuine signature of the person whose name it purports to be.
Within ten days from the date of filing the petition the municipal clerk shall complete its examination and ascertain whether or
not such petition is signed by the requisite number of qualified voters, and shall attach to the petition his certificate showing
the result of his examination. If by that certificate the petition is shown to be insufficient it may be amended within ten days
from the date of said certificate. The municipal clerk shall, within five days after such amendment, make a similar examination
and determination of the amended petition, and if the certificate shall show the same to be insufficient, it shall be returned to
the person filing it without prejudice to the filing of a new petition to the same effect.
Credits
L.1950, c. 210, p. 511, § 17-21, eff. June 8, 1950.
Notes of Decisions (16)
N. J. S. A. 40:69A-170, NJ ST 40:69A-170
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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1
40:69A-171. Notice to officer; recall election; notice of filing of petition, NJ ST 40:69A-171
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
D. Recall
N.J.S.A. 40:69A-171
40:69A-171. Notice to officer; recall election; notice of filing of petition
Currentness
If the petition shall be sufficient the municipal clerk shall within two days notify the mayor, councilman or councilmen whose
recall is sought thereby. If such notice cannot be served personally upon the mayor, councilman or councilmen affected, service
may be made by registered mail addressed to the officer's last known address. If within five days after the service of the notice
by the municipal clerk the mayor, councilman or councilmen sought to be recalled by such petition do not resign, or having
tendered their resignation it shall not have been accepted by the municipal council, the municipal clerk shall order and fix a
date for holding a recall election not less than sixty nor more than ninety days from the filing of the petition. Notice of the
filing of the petition and of the date of the election shall be posted for public view in the office of the municipal clerk and he
shall also insert the notice forthwith in a newspaper published in the municipality, or if there be no such newspaper, then in a
newspaper having general circulation in such municipality.
Credits
L.1950, c. 210, p. 511, § 17-22, eff. June 8, 1950.
N. J. S. A. 40:69A-171, NJ ST 40:69A-171
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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1
40:69A-172. Ballots, NJ ST 40:69A-172
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
D. Recall
N.J.S.A. 40:69A-172
40:69A-172. Ballots
Currentness
The ballots at the recall election shall conform to the requirements respecting the election of municipal officers in the
municipality, as provided in this article or in Title 19 of the Revised Statutes (Elections), whichever shall apply in the
municipality in accordance with the provisions of this act, except that the words “recall election” shall appear on the ballot. The
recall features of the ballot shall appear at the top thereof and shall be separated from the portion of the ballot for the election
of officers by a heavy black line. The proposal for recall shall be placed on the ballot in the following manner:
“Shall ...................... (here insert name of incumbent) be removed from office by recall?” This matter shall occupy two lines in
bold-face type. Immediately below the above wording shall appear the phrase “for recall,” and immediately underneath such
phrase the words “against recall.” Immediately at the left of each of these two phrases shall be printed a square, in which the
voter may make a cross (x) or plus (+) or a check (#) mark. Immediately below the foregoing shall appear the following:
“Indicate your vote by placing a cross (x) or plus (+) or a check (#) mark in one of the squares above.”
Credits
L.1950, c. 210, p. 512, § 17-23, eff. June 8, 1950.
N. J. S. A. 40:69A-172, NJ ST 40:69A-172
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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1
40:69A-173. Removal of more than one officer, NJ ST 40:69A-173
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
D. Recall
N.J.S.A. 40:69A-173
40:69A-173. Removal of more than one officer
Currentness
If the removal of more than one officer is sought the same provisions for submitting to the electors the question and direction
hereinbefore described shall be repeated in the case of each officer concerned and their position on the ballot for their recall
shall be in the order of the filing of the petition with the municipal clerk.
Credits
L.1950, c. 210, p. 512, § 17-24, eff. June 8, 1950.
Notes of Decisions (2)
N. J. S. A. 40:69A-173, NJ ST 40:69A-173
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-174. Election of successor; use of recall ballot, NJ ST 40:69A-174
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
D. Recall
N.J.S.A. 40:69A-174
40:69A-174. Election of successor; use of recall ballot
Currentness
The same ballot used for submitting the question or questions of recall shall be used for the election of a successor to the
incumbent sought to be removed and immediately under the black line following the recall question shall appear the phrase
“Nominees for successors of ....................... (here insert name of incumbent) in the event he is recalled.” The names of all
persons nominated as successors shall be placed upon the ballot in the same manner provided for other elections of municipal
officers in the municipality.
Credits
L.1950, c. 210, p. 513, § 17-25, eff. June 8, 1950.
Notes of Decisions (1)
N. J. S. A. 40:69A-174, NJ ST 40:69A-174
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-175. Laws governing recall elections; selection of..., NJ ST 40:69A-175
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
D. Recall
N.J.S.A. 40:69A-175
40:69A-175. Laws governing recall elections; selection of candidate for successor of recalled incumbent
Currentness
The provisions of this article or of Title 19 of the Revised Statutes (Elections), whichever shall apply in the municipality in
accordance with the provisions of this act, concerning the nomination of municipal officers, preparation of the ballot, election
of municipal officers, counting and canvassing of the results of the election of such officers, shall apply to the election for
the recall of officers and the election of their successors. Where the plan of government in effect in the municipality provides
for partisan elections, the county committee of each political party shall be authorized to select a candidate for successor of a
recalled incumbent in the same manner as provided by Title 19 of the Revised Statutes for nominations to fill a vacancy after
the last day for filing petitions for nominations in the primary elections.
Credits
L.1950, c. 210, p. 513, § 17-26, eff. June 8, 1950.
N. J. S. A. 40:69A-175, NJ ST 40:69A-175
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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1
40:69A-176. Publication of notices of arrangements for recall..., NJ ST 40:69A-176
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
D. Recall
N.J.S.A. 40:69A-176
40:69A-176. Publication of notices of arrangements for recall elections; conduct
Currentness
The municipal clerk shall cause to be made due publication of notices of arrangements for holding all recall elections and they
shall be conducted as are other elections for municipal officers in the municipality.
Credits
L.1950, c. 210, p. 513, § 17-27, eff. June 8, 1950.
N. J. S. A. 40:69A-176, NJ ST 40:69A-176
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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1
40:69A-177. Results of election, NJ ST 40:69A-177
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
D. Recall
N.J.S.A. 40:69A-177
40:69A-177. Results of election
Currentness
(a) If a majority of votes in connection with the recall of any officer be in favor of the recall, the term of office of such officer
shall terminate, upon the certification of the results of election by the municipal clerk.
(b) If the results of such recall election shall, by the certificate of the municipal clerk, be shown to be against the recall of the
officer he shall continue in office as if no recall election had been held, and the vote for the election for the successor of such
officer taken at the time of such attempted recall shall be void.
Credits
L.1950, c. 210, p. 513, § 17-28, eff. June 8, 1950.
N. J. S. A. 40:69A-177, NJ ST 40:69A-177
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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1
40:69A-178. Successor where incumbent resigns or is recalled, NJ ST 40:69A-178
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
D. Recall
N.J.S.A. 40:69A-178
40:69A-178. Successor where incumbent resigns or is recalled
Currentness
If the office of the incumbent shall become vacant either by his resignation or by the result of the recall election, his successor
shall be the nominee receiving the greatest number of votes at the recall election. The person so elected shall serve for the
remainder of the unexpired term.
Credits
L.1950, c. 210, p. 514, § 17-29, eff. June 8, 1950.
Notes of Decisions (1)
N. J. S. A. 40:69A-178, NJ ST 40:69A-178
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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1
40:69A-179. Meetings of council; journal, NJ ST 40:69A-179
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
E. Local Legislation
N.J.S.A. 40:69A-179
40:69A-179. Meetings of council; journal
Currentness
The council shall by ordinance or resolution designate the time of holding regular meetings, which shall be at least monthly.
The mayor may, and upon written request of a majority of the members of the council, shall, call a special meeting of the
council. In the call he shall designate the purpose of the special meeting and no other business shall be considered. All meetings
of the council shall be open to the public. The municipal clerk shall keep a journal of its proceedings and record the minutes
of every meeting.
Credits
L.1950, c. 210, p. 514, § 17-30, eff. June 8, 1950.
Notes of Decisions (1)
N. J. S. A. 40:69A-179, NJ ST 40:69A-179
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-180. Rules of procedure; quorum; ordinances and..., NJ ST 40:69A-180
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
E. Local Legislation
N.J.S.A. 40:69A-180
40:69A-180. Rules of procedure; quorum; ordinances and resolutions; presiding officer; compensation
Currentness
(a) Council shall determine its own rules of procedure, not inconsistent with ordinance or statute. A majority of the whole
number of members of the council shall constitute a quorum, but no ordinance shall be adopted by the council without the
affirmative vote of a majority of all the members of the council.
(b) Each ordinance or resolution shall be introduced in written or typewritten form and shall be read and considered as provided
by general law. The vote upon every motion, resolution or ordinance shall be taken by roll call and the yeas and nays shall
be entered on the minutes. The minutes of each meeting shall be signed by the officer presiding at such meeting and by the
municipal clerk.
(c) The council at its organization meeting shall elect a president of the council from among the members thereof and the
president shall preside at its meetings and perform such other duties as the council may prescribe. In the absence of the president,
the council shall elect a temporary presiding officer. The compensation of the mayor, council members and department heads
shall be fixed by the council immediately after its organization.
Credits
L.1950, c. 210, p. 514, § 17-31. Amended by L.1954, c. 69, p. 426, § 5, eff. June 24, 1954; L.1989, c. 221, § 15, eff. Dec.
29, 1989.
Notes of Decisions (3)
N. J. S. A. 40:69A-180, NJ ST 40:69A-180
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-181. Adoption and publication of ordinances; effective date, NJ ST 40:69A-181
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
E. Local Legislation
N.J.S.A. 40:69A-181
40:69A-181. Adoption and publication of ordinances; effective date
Currentness
(a) Except as may otherwise be provided in this act, all ordinances shall be adopted and published in the manner required by
general law; provided, however, that any ordinance may incorporate by reference any standard technical regulations or code,
official or unofficial, which need not be so published whenever ten copies of said regulations or code have been placed on file
in the office of the municipal clerk and in the office of the body or department charged with the enforcement of said ordinance
for the examination of the public so long as said ordinance is in effect.
(b) No ordinance other than the local budget ordinance shall take effect less than twenty days after its final passage by council
and approval by the mayor where such approval is required, unless the council shall adopt a resolution declaring an emergency
and at least two-thirds of all the members of the council vote in favor of such resolution.
Credits
L.1950, c. 210, p. 514, § 17-32, eff. June 8, 1950.
Notes of Decisions (1)
N. J. S. A. 40:69A-181, NJ ST 40:69A-181
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-182. Recording of ordinances and resolutions, NJ ST 40:69A-182
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
E. Local Legislation
N.J.S.A. 40:69A-182
40:69A-182. Recording of ordinances and resolutions
Currentness
The municipal clerk shall record all ordinances and resolutions adopted by council and at the close of each year, with the
advice and assistance of the municipal attorney, shall bind, compile or codify all the ordinances and resolutions, or true copies
thereof, of the municipality which then remain in force and effect. He shall also properly index the record books, compilation
or codification of ordinances and resolutions.
Credits
L.1950, c. 210, p. 515, § 17-33, eff. June 8, 1950.
N. J. S. A. 40:69A-182, NJ ST 40:69A-182
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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1
40:69A-183. Rules and regulations; filing; publication, NJ ST 40:69A-183
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
E. Local Legislation
N.J.S.A. 40:69A-183
40:69A-183. Rules and regulations; filing; publication
Currentness
No rule or regulation made by any department, officer, agency or authority of the municipality, except such as relates to the
organization or internal management of the municipal government or a part thereof, shall take effect until it is filed either
with the municipal clerk or in such other manner as may be provided by ordinance. The council shall provide for the prompt
publication of such rules and regulations.
Credits
L.1950, c. 210, p. 515, § 17-34, eff. June 8, 1950.
N. J. S. A. 40:69A-183, NJ ST 40:69A-183
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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1
40:69A-184. Petition; percentage of legal voters required, NJ ST 40:69A-184
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
F. Initiative and Referendum
N.J.S.A. 40:69A-184
40:69A-184. Petition; percentage of legal voters required
Currentness
The voters of any municipality may propose any ordinance and may adopt or reject the same at the polls, such power being
known as the initiative. Any initiated ordinance may be submitted to the municipal council by a petition signed by a number of
the legal voters of the municipality equal in number to at least 15% of the total votes cast in the municipality at the last election
at which members of the General Assembly were elected. An initiated ordinance may be submitted to the municipal council
by a number of the legal voters of the municipality equal in number to at least 10% but less than 15% of the total votes cast
in the municipality at the last election at which members of the General Assembly were elected, subject to the restrictions set
forth in section 17-43 (C. 40:69A-192) of this act.
Credits
L.1950, c. 210, p. 515, § 17-35. Amended by L.1951, c. 306, p. 1107, § 1, eff. July 13, 1951; L.1982, c. 145, § 1, eff. Sept.
28, 1982.
Editors' Notes
GOVERNOR'S RECONSIDERATION AND RECOMMENDATION STATEMENT
******
This bill amends the initiative and referendum provisions of the Optional Municipal Charter Law (“Faulkner Act”)
and the commission form of government (the “Walsh Act”) in order to provide a greater uniformity and efficiency in
these procedures. While I have no problem with any of the substantive amendments made to the law by the bill, one
technical problem has been called to my attention which I recommend be corrected.
In section 4 of the bill dealing with the timetables for submitting questions to the voters in Faulkner Act municipalities
the time periods are computed from “the final date for withdrawal of the petition.” This language is not relevant in
instances where an ordinance adopted by the governing body requires an issue to be submitted to the voters. See
section 17 of P.L.1981, c. 379 and section 7 of P.L.1981, c. 465. For this reason, I suggest that the bill be amended to
provide that where the proposition is initiated by ordinance rather than by petition that the time periods be calculated
from the date of final passage and approval of the ordinance.
******
Notes of Decisions (38)
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1
40:69A-184. Petition; percentage of legal voters required, NJ ST 40:69A-184
N. J. S. A. 40:69A-184, NJ ST 40:69A-184
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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2
40:69A-185. Power of referendum; time for filing petition, NJ ST 40:69A-185
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
F. Initiative and Referendum
N.J.S.A. 40:69A-185
40:69A-185. Power of referendum; time for filing petition
Currentness
The voters shall also have the power of referendum which is the power to approve or reject at the polls any ordinance submitted
by the council to the voters or any ordinance passed by the council, against which a referendum petition has been filed as
herein provided. No ordinance passed by the municipal council, except when otherwise required by general law or permitted
by the provisions of section 17-32(b) of this act, 1 shall take effect before twenty days from the time of its final passage and
its approval by the mayor where such approval is required. If within twenty days after such final passage and approval of such
ordinance a petition protesting against the passage of such ordinance shall be filed with the municipal clerk and if the petition
shall be signed by a number of the legal voters of the municipality equal in number to at least 15% of the total votes cast in
the municipality at the last election at which members of the General Assembly were elected, the ordinance shall be suspended
from taking effect until proceedings are had as herein provided.
The provisions of this section shall not apply to any ordinance which by its terms or by law cannot become effective in the
municipality unless submitted to the voters, or which by its terms authorizes a referendum in the municipality concerning the
subject matter thereof.
Credits
L.1950, c. 210, p. 516, § 17-36. Amended by L.1951, c. 306, p. 1107, § 2, eff. July 13, 1951; L.1979, c. 278, § 2; L.1982, c.
145, § 2, eff. Sept. 28, 1982.
Notes of Decisions (49)
Footnotes
N.J.S.A. § 40:69A-181.
1
N. J. S. A. 40:69A-185, NJ ST 40:69A-185
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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1
40:69A-186. Petition papers; affidavits, NJ ST 40:69A-186
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
F. Initiative and Referendum
N.J.S.A. 40:69A-186
40:69A-186. Petition papers; affidavits
Currentness
All petition papers circulated for the purposes of an initiative or referendum shall be uniform in size and style. Initiative petition
papers shall contain the full text of the proposed ordinance. The signatures to initiative or referendum petitions need not all be
appended to one paper, but to each separate petition there shall be attached a statement of the circulator thereof as provided by
this section. Each signer of any such petition paper shall sign his name in ink or indelible pencil and shall indicate after his name
his place of residence by street and number, or other description sufficient to identify the place. There shall appear on each
petition paper the names and addresses of five voters, designated as the Committee of the Petitioners, who shall be regarded
as responsible for the circulation and filing of the petition and for its possible withdrawal as hereinafter provided. Attached to
each separate petition paper there shall be an affidavit of the circulator thereof that he, and he only, personally circulated the
foregoing paper, that all the signatures appended thereto were made in his presence, and that he believes them to be the genuine
signatures of the persons whose names they purport to be.
Credits
L.1950, c. 210, p. 516, § 17-37, eff. June 8, 1950.
Notes of Decisions (5)
N. J. S. A. 40:69A-186, NJ ST 40:69A-186
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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1
40:69A-187. Filing of petition papers; examination; certification of result, NJ ST 40:69A-187
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
F. Initiative and Referendum
N.J.S.A. 40:69A-187
40:69A-187. Filing of petition papers; examination; certification of result
Currentness
All petition papers comprising an initiative or referendum petition shall be assembled and filed with the municipal clerk as one
instrument. Within twenty days after a petition is filed, the municipal clerk shall determine whether each paper of the petition
has a proper statement of the circulator and whether the petition is signed by a sufficient number of qualified voters. After
completing his examination of the petition, the municipal clerk shall certify the result thereof to the council at its next regular
meeting. If he shall certify that the petition is insufficient he shall set forth in his certificate the particulars in which it is defective
and shall at once notify at least two members of the Committee of the Petitioners of his findings.
Credits
L.1950, c. 210, p. 517, § 17-38, eff. June 8, 1950.
Notes of Decisions (7)
N. J. S. A. 40:69A-187, NJ ST 40:69A-187
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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1
40:69A-188. Amendment of initiative or referendum petition, NJ ST 40:69A-188
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
F. Initiative and Referendum
N.J.S.A. 40:69A-188
40:69A-188. Amendment of initiative or referendum petition
Currentness
An initiative or referendum petition may be amended at any time within ten days after the notification of insufficiency has been
served by the municipal clerk, by filing a supplementary petition upon additional papers signed and filed as provided in case of
an original petition. The municipal clerk shall, within five days after such an amendment is filed, examine the amended petition
and, if the petition be still insufficient, he shall file his certificate to that effect in his office and notify the Committee of the
Petitioners of his findings and no further action shall be had on such insufficient petition. The finding of the insufficiency of a
petition shall not prejudice the filing of a new petition for the same purpose.
Credits
L.1950, c. 210, p. 517, § 17-39, eff. June 8, 1950.
Notes of Decisions (2)
N. J. S. A. 40:69A-188, NJ ST 40:69A-188
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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1
40:69A-189. Suspension of ordinance, NJ ST 40:69A-189
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
F. Initiative and Referendum
N.J.S.A. 40:69A-189
40:69A-189. Suspension of ordinance
Currentness
Upon the filing of a referendum petition with the municipal clerk, the ordinance shall be suspended until ten days following a
finding by the municipal clerk that the petition is insufficient or, if an amended petition be filed, until five days thereafter; or,
if the petition or amended petition be found to be sufficient, until it be withdrawn by the Committee of the Petitioners or until
repeal of the ordinance by vote of the council or approval or disapproval of the ordinance by the voters.
Credits
L.1950, c. 210, p. 518, § 17-40, eff. June 8, 1950.
N. J. S. A. 40:69A-189, NJ ST 40:69A-189
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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1
40:69A-190. Submission to municipal council, NJ ST 40:69A-190
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
F. Initiative and Referendum
N.J.S.A. 40:69A-190
40:69A-190. Submission to municipal council
Currentness
Upon a finding by the municipal clerk that any petition or amended petition filed with him in accordance with this act is
sufficient, the clerk shall submit the same to the municipal council without delay. An initiative ordinance so submitted shall be
deemed to have had first reading and provision shall be made for a public hearing.
Credits
L.1950, c. 210, p. 518, § 17-41, eff. June 8, 1950.
N. J. S. A. 40:69A-190, NJ ST 40:69A-190
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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1
40:69A-191. Submission of ordinance to voters; withdrawal of petition, NJ ST 40:69A-191
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
F. Initiative and Referendum
N.J.S.A. 40:69A-191
40:69A-191. Submission of ordinance to voters; withdrawal of petition
Currentness
If within 20 days of the submission of a certified petition by the municipal clerk the council shall fail to pass an ordinance
requested by an initiative petition in substantially the form requested or to repeal an ordinance as requested by a referendum
petition, the municipal clerk shall submit the ordinance to the voters unless, within 10 days after final adverse action by the
council or after the expiration of the time allowed for such action, as the case may be, a paper signed by at least four of the five
members of the Committee of the Petitioners shall be filed with the municipal clerk requesting that the petition be withdrawn.
Upon the filing of such a request, the original petition shall cease to have any force or effect.
Credits
L.1950, c. 210, p. 518, § 17-42, eff. June 8, 1950. Amended by L.1982, c. 145, § 3, eff. Sept. 28, 1982.
N. J. S. A. 40:69A-191, NJ ST 40:69A-191
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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1
40:69A-192. Referendum or initiative election, NJ ST 40:69A-192
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
F. Initiative and Referendum
N.J.S.A. 40:69A-192
40:69A-192. Referendum or initiative election
Currentness
a. Any ordinance to be voted on by the voters in accordance with section 17-36 or section 17-42 of this act (C. 40:69A-185 or
C. 40:69A-191) shall be submitted at the next general or regular municipal election occurring not less than 40 days after the
final date for withdrawal of the petition as provided for in section 17-42 of this act (C. 40:69A-191), provided that if no such
election is to be held within 90 days the council shall provide for a special election to be held not less than 40 nor more than 60
days from the final date for withdrawal of the petition as provided for in section 17-42 (C. 40:69A-191) of this act.
b. In the case of an initiated petition signed by not less than 10% nor more than 15% of the legal voters, the ordinance shall be
submitted at the next general or regular municipal election occurring not less than 40 days after the final date of withdrawal of
the petition as provided for in section 17-42 (C. 40:69A-191) of this act.
c. In any instance where a referendum election is to be held as a result of an ordinance of the council which by its terms or by
law cannot become effective in the municipality unless submitted to the voters, or which by its terms authorizes a referendum
in the municipality concerning the subject matter thereof, the time for submission of the question to the voters shall be at the
next general or regular municipal election occurring not less than 40 days from the date of final passage and approval of the
ordinance. Referenda held on ordinances adopted pursuant to sections 7 through 11 of P.L.1981, c. 465 (C. 40:69A-25.1 through
40:69A-25.5) shall be governed by this subsection, except that if the referendum is held pursuant to those sections as the result of
the report of a charter study commission, the time for submission of the question shall be calculated from the date of that report.
Credits
L.1950, c. 210, p. 518, § 17-43, eff. June 8, 1950. Amended by L.1982, c. 145, § 4, eff. Sept. 28, 1982; L.1991, c. 430, § 5,
eff. Jan. 18, 1992.
N. J. S. A. 40:69A-192, NJ ST 40:69A-192
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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1
40:69A-193. Number of proposed ordinances voted upon; time..., NJ ST 40:69A-193
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
F. Initiative and Referendum
N.J.S.A. 40:69A-193
40:69A-193. Number of proposed ordinances voted upon; time between special elections
Currentness
Any number of proposed ordinances may be voted upon at the same election in accordance with the provisions of this article,
but there shall not be more than one special election in any period of 6 months for such purpose.
During that 6 month period, any ordinance which would otherwise be submitted to the voters at a special election if one were
not already scheduled, shall be submitted at the scheduled special election if at least 30 days shall remain prior thereto from
the final date for withdrawal of the petition, otherwise, the ordinance shall be submitted at the next general election or regular
municipal election, whichever shall first occur.
Credits
L.1950, c. 210, p. 519, § 17-44, eff. June 8, 1950. Amended by L.1982, c. 145, § 5, eff. Sept. 28, 1982.
N. J. S. A. 40:69A-193, NJ ST 40:69A-193
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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1
40:69A-194. Publication of ordinance, NJ ST 40:69A-194
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
F. Initiative and Referendum
N.J.S.A. 40:69A-194
40:69A-194. Publication of ordinance
Currentness
Whenever an ordinance is to be submitted to the voters of the municipality at any election in accordance with this article, the
clerk shall cause the ordinance to be published in at least two of the newspapers published or circulated in the municipality.
The publication shall be not more than twenty nor less than five days before the submission of the ordinance or proposition
to be voted on.
Credits
L.1950, c. 210, p. 519, § 17-45, eff. June 8, 1950.
N. J. S. A. 40:69A-194, NJ ST 40:69A-194
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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1
40:69A-195. Ballots, NJ ST 40:69A-195
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
F. Initiative and Referendum
N.J.S.A. 40:69A-195
40:69A-195. Ballots
Currentness
The ballots to be used at such election shall be in substantially the following form:
“To vote upon the public question printed below, if in favor thereof mark a cross (x) or plus (+) or check (#) in the square at the
left of the word Yes, and if opposed thereto mark a cross (x) or plus (+) or a check (#) in the square to the left of the word No.”
Yes.
“Shall the ordinance (indicate whether submitted by council or initiative or referendum petition) providing for (here state nature of pro-
No.
posed ordinance or proposition) be adopted?”
Credits
L.1950, c. 210, p. 519, § 17-46, eff. June 8, 1950.
N. J. S. A. 40:69A-195, NJ ST 40:69A-195
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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1
40:69A-196. Results of election; majority vote for adoption;..., NJ ST 40:69A-196
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
F. Initiative and Referendum
N.J.S.A. 40:69A-196
40:69A-196. Results of election; majority vote for adoption;
amendment or repeal within 3 years; conflicting measures
Effective: January 18, 2010
Currentness
a. If a majority of the qualified electors voting on the proposed ordinance shall vote in favor thereof, such ordinance shall
thereupon become a valid and binding ordinance of the municipality and be published as in the case of other ordinances. No
such ordinance shall be amended or repealed within 3 years immediately following the date of its adoption by the voters, except
by a vote of the people. The council may, within 3 years immediately following the date of adoption of the ordinance, submit a
proposition for the repeal or amendment of that ordinance to the voters at any succeeding general election or regular municipal
election. If the proposition submitted shall receive a majority of the votes cast at that election, the ordinance shall be repealed
or amended accordingly. If the provisions of two or more measures approved or adopted at the same election conflict then the
measure receiving the greatest affirmative vote shall control.
b. Notwithstanding the provisions of this section, an ordinance proposed by petition to increase or decrease the term of office
of the members of the governing body or the number of members of the governing body, or the division of the municipality
into a number of wards, shall not be submitted to the voters of the municipality more than once in any 10-year period.
Credits
L.1950, c. 210, p. 519, § 17-47, eff. June 8, 1950. Amended by L.1982, c. 145, § 6, eff. Sept. 28, 1982; L.2009, c. 339, § 4,
eff. Jan. 18, 2010, retroactive to Nov. 3, 2009.
N. J. S. A. 40:69A-196, NJ ST 40:69A-196
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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1
40:69A-197 to 40:69A-204. Repealed by L.1980, c. 496, § 18,..., NJ ST 40:69A-197
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
G. Wards
N.J.S.A. 40:69A-197
40:69A-197 to 40:69A-204. Repealed by L.1980, c. 496, § 18, eff. Jan. 12, 1982
Currentness
Editors' Notes
TABLE
Showing the disposition of the subject matter of the repealed sections in Chapter 44 of this title, the Municipal Ward
Law.
Former
Section
New
Section
40:69A-197.......................................................... ............................................................................................................. 40:44-11
40:69A-198.......................................................... ............................................................................................................. 40:44-11
40:69A-199.......................................................... ............................................................................................................. 40:44-13
40:69A-199.1....................................................... ............................................................................................................. 40:44-12
40:69A-199.2....................................................... ............................................................................................................. 40:44-12
40:69A-200.......................................................... ............................................................................................................. 40:44-14
40:69A-201.......................................................... ............................................................................................................. 40:44-15
40:69A-202.......................................................... ............................................................................................................. 40:44-16
40:69A-203.......................................................... ............................................................................................................. 40:44-13
40:69A-204.......................................................... ............................................................................................................. 40:44-17
N. J. S. A. 40:69A-197, NJ ST 40:69A-197
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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1
40:69A-197 to 40:69A-204. Repealed by L.1980, c. 496, § 18,..., NJ ST 40:69A-198
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
G. Wards
N.J.S.A. 40:69A-198
40:69A-197 to 40:69A-204. Repealed by L.1980, c. 496, § 18, eff. Jan. 12, 1982
Currentness
Editors' Notes
TABLE
Showing the disposition of the subject matter of the repealed sections in Chapter 44 of this title, the Municipal Ward
Law.
Former
Section
New
Section
40:69A-197.......................................................... ............................................................................................................. 40:44-11
40:69A-198.......................................................... ............................................................................................................. 40:44-11
40:69A-199.......................................................... ............................................................................................................. 40:44-13
40:69A-199.1....................................................... ............................................................................................................. 40:44-12
40:69A-199.2....................................................... ............................................................................................................. 40:44-12
40:69A-200.......................................................... ............................................................................................................. 40:44-14
40:69A-201.......................................................... ............................................................................................................. 40:44-15
40:69A-202.......................................................... ............................................................................................................. 40:44-16
40:69A-203.......................................................... ............................................................................................................. 40:44-13
40:69A-204.......................................................... ............................................................................................................. 40:44-17
N. J. S. A. 40:69A-198, NJ ST 40:69A-198
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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1
40:69A-197 to 40:69A-204. Repealed by L.1980, c. 496, § 18,..., NJ ST 40:69A-199
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
G. Wards
N.J.S.A. 40:69A-199
40:69A-197 to 40:69A-204. Repealed by L.1980, c. 496, § 18, eff. Jan. 12, 1982
Currentness
Editors' Notes
TABLE
Showing the disposition of the subject matter of the repealed sections in Chapter 44 of this title, the Municipal Ward
Law.
Former
Section
New
Section
40:69A-197.......................................................... ............................................................................................................. 40:44-11
40:69A-198.......................................................... ............................................................................................................. 40:44-11
40:69A-199.......................................................... ............................................................................................................. 40:44-13
40:69A-199.1....................................................... ............................................................................................................. 40:44-12
40:69A-199.2....................................................... ............................................................................................................. 40:44-12
40:69A-200.......................................................... ............................................................................................................. 40:44-14
40:69A-201.......................................................... ............................................................................................................. 40:44-15
40:69A-202.......................................................... ............................................................................................................. 40:44-16
40:69A-203.......................................................... ............................................................................................................. 40:44-13
40:69A-204.......................................................... ............................................................................................................. 40:44-17
N. J. S. A. 40:69A-199, NJ ST 40:69A-199
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-197 to 40:69A-204. Repealed by L.1980, c. 496, § 18,..., NJ ST 40:69A-199.1
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
G. Wards
N.J.S.A. 40:69A-199.1
40:69A-197 to 40:69A-204. Repealed by L.1980, c. 496, § 18, eff. Jan. 12, 1982
Currentness
Editors' Notes
TABLE
Showing the disposition of the subject matter of the repealed sections in Chapter 44 of this title, the Municipal Ward
Law.
Former
Section
New
Section
40:69A-197.......................................................... ............................................................................................................. 40:44-11
40:69A-198.......................................................... ............................................................................................................. 40:44-11
40:69A-199.......................................................... ............................................................................................................. 40:44-13
40:69A-199.1....................................................... ............................................................................................................. 40:44-12
40:69A-199.2....................................................... ............................................................................................................. 40:44-12
40:69A-200.......................................................... ............................................................................................................. 40:44-14
40:69A-201.......................................................... ............................................................................................................. 40:44-15
40:69A-202.......................................................... ............................................................................................................. 40:44-16
40:69A-203.......................................................... ............................................................................................................. 40:44-13
40:69A-204.......................................................... ............................................................................................................. 40:44-17
N. J. S. A. 40:69A-199.1, NJ ST 40:69A-199.1
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-197 to 40:69A-204. Repealed by L.1980, c. 496, § 18,..., NJ ST 40:69A-199.2
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
G. Wards
N.J.S.A. 40:69A-199.2
40:69A-197 to 40:69A-204. Repealed by L.1980, c. 496, § 18, eff. Jan. 12, 1982
Currentness
Editors' Notes
TABLE
Showing the disposition of the subject matter of the repealed sections in Chapter 44 of this title, the Municipal Ward
Law.
Former
Section
New
Section
40:69A-197.......................................................... ............................................................................................................. 40:44-11
40:69A-198.......................................................... ............................................................................................................. 40:44-11
40:69A-199.......................................................... ............................................................................................................. 40:44-13
40:69A-199.1....................................................... ............................................................................................................. 40:44-12
40:69A-199.2....................................................... ............................................................................................................. 40:44-12
40:69A-200.......................................................... ............................................................................................................. 40:44-14
40:69A-201.......................................................... ............................................................................................................. 40:44-15
40:69A-202.......................................................... ............................................................................................................. 40:44-16
40:69A-203.......................................................... ............................................................................................................. 40:44-13
40:69A-204.......................................................... ............................................................................................................. 40:44-17
N. J. S. A. 40:69A-199.2, NJ ST 40:69A-199.2
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-197 to 40:69A-204. Repealed by L.1980, c. 496, § 18,..., NJ ST 40:69A-200
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
G. Wards
N.J.S.A. 40:69A-200
40:69A-197 to 40:69A-204. Repealed by L.1980, c. 496, § 18, eff. Jan. 12, 1982
Currentness
Editors' Notes
TABLE
Showing the disposition of the subject matter of the repealed sections in Chapter 44 of this title, the Municipal Ward
Law.
Former
Section
New
Section
40:69A-197.......................................................... ............................................................................................................. 40:44-11
40:69A-198.......................................................... ............................................................................................................. 40:44-11
40:69A-199.......................................................... ............................................................................................................. 40:44-13
40:69A-199.1....................................................... ............................................................................................................. 40:44-12
40:69A-199.2....................................................... ............................................................................................................. 40:44-12
40:69A-200.......................................................... ............................................................................................................. 40:44-14
40:69A-201.......................................................... ............................................................................................................. 40:44-15
40:69A-202.......................................................... ............................................................................................................. 40:44-16
40:69A-203.......................................................... ............................................................................................................. 40:44-13
40:69A-204.......................................................... ............................................................................................................. 40:44-17
N. J. S. A. 40:69A-200, NJ ST 40:69A-200
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-197 to 40:69A-204. Repealed by L.1980, c. 496, § 18,..., NJ ST 40:69A-201
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
G. Wards
N.J.S.A. 40:69A-201
40:69A-197 to 40:69A-204. Repealed by L.1980, c. 496, § 18, eff. Jan. 12, 1982
Currentness
Editors' Notes
TABLE
Showing the disposition of the subject matter of the repealed sections in Chapter 44 of this title, the Municipal Ward
Law.
Former
Section
New
Section
40:69A-197.......................................................... ............................................................................................................. 40:44-11
40:69A-198.......................................................... ............................................................................................................. 40:44-11
40:69A-199.......................................................... ............................................................................................................. 40:44-13
40:69A-199.1....................................................... ............................................................................................................. 40:44-12
40:69A-199.2....................................................... ............................................................................................................. 40:44-12
40:69A-200.......................................................... ............................................................................................................. 40:44-14
40:69A-201.......................................................... ............................................................................................................. 40:44-15
40:69A-202.......................................................... ............................................................................................................. 40:44-16
40:69A-203.......................................................... ............................................................................................................. 40:44-13
40:69A-204.......................................................... ............................................................................................................. 40:44-17
N. J. S. A. 40:69A-201, NJ ST 40:69A-201
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-197 to 40:69A-204. Repealed by L.1980, c. 496, § 18,..., NJ ST 40:69A-202
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
G. Wards
N.J.S.A. 40:69A-202
40:69A-197 to 40:69A-204. Repealed by L.1980, c. 496, § 18, eff. Jan. 12, 1982
Currentness
Editors' Notes
TABLE
Showing the disposition of the subject matter of the repealed sections in Chapter 44 of this title, the Municipal Ward
Law.
Former
Section
New
Section
40:69A-197.......................................................... ............................................................................................................. 40:44-11
40:69A-198.......................................................... ............................................................................................................. 40:44-11
40:69A-199.......................................................... ............................................................................................................. 40:44-13
40:69A-199.1....................................................... ............................................................................................................. 40:44-12
40:69A-199.2....................................................... ............................................................................................................. 40:44-12
40:69A-200.......................................................... ............................................................................................................. 40:44-14
40:69A-201.......................................................... ............................................................................................................. 40:44-15
40:69A-202.......................................................... ............................................................................................................. 40:44-16
40:69A-203.......................................................... ............................................................................................................. 40:44-13
40:69A-204.......................................................... ............................................................................................................. 40:44-17
N. J. S. A. 40:69A-202, NJ ST 40:69A-202
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-197 to 40:69A-204. Repealed by L.1980, c. 496, § 18,..., NJ ST 40:69A-203
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
G. Wards
N.J.S.A. 40:69A-203
40:69A-197 to 40:69A-204. Repealed by L.1980, c. 496, § 18, eff. Jan. 12, 1982
Currentness
Editors' Notes
TABLE
Showing the disposition of the subject matter of the repealed sections in Chapter 44 of this title, the Municipal Ward
Law.
Former
Section
New
Section
40:69A-197.......................................................... ............................................................................................................. 40:44-11
40:69A-198.......................................................... ............................................................................................................. 40:44-11
40:69A-199.......................................................... ............................................................................................................. 40:44-13
40:69A-199.1....................................................... ............................................................................................................. 40:44-12
40:69A-199.2....................................................... ............................................................................................................. 40:44-12
40:69A-200.......................................................... ............................................................................................................. 40:44-14
40:69A-201.......................................................... ............................................................................................................. 40:44-15
40:69A-202.......................................................... ............................................................................................................. 40:44-16
40:69A-203.......................................................... ............................................................................................................. 40:44-13
40:69A-204.......................................................... ............................................................................................................. 40:44-17
N. J. S. A. 40:69A-203, NJ ST 40:69A-203
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-197 to 40:69A-204. Repealed by L.1980, c. 496, § 18,..., NJ ST 40:69A-204
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
G. Wards
N.J.S.A. 40:69A-204
40:69A-197 to 40:69A-204. Repealed by L.1980, c. 496, § 18, eff. Jan. 12, 1982
Currentness
Editors' Notes
TABLE
Showing the disposition of the subject matter of the repealed sections in Chapter 44 of this title, the Municipal Ward
Law.
Former
Section
New
Section
40:69A-197.......................................................... ............................................................................................................. 40:44-11
40:69A-198.......................................................... ............................................................................................................. 40:44-11
40:69A-199.......................................................... ............................................................................................................. 40:44-13
40:69A-199.1....................................................... ............................................................................................................. 40:44-12
40:69A-199.2....................................................... ............................................................................................................. 40:44-12
40:69A-200.......................................................... ............................................................................................................. 40:44-14
40:69A-201.......................................................... ............................................................................................................. 40:44-15
40:69A-202.......................................................... ............................................................................................................. 40:44-16
40:69A-203.......................................................... ............................................................................................................. 40:44-13
40:69A-204.......................................................... ............................................................................................................. 40:44-17
N. J. S. A. 40:69A-204, NJ ST 40:69A-204
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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1
40:69A-205. Schedule of installation of optional plan adopted, NJ ST 40:69A-205
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
H. Succession in Government
N.J.S.A. 40:69A-205
40:69A-205. Schedule of installation of optional plan adopted
Effective: January 1, 2006
Currentness
The schedule of installation of an optional plan adopted pursuant to this act shall, as provided herein, take the following course:
(a) An election to submit the question of adoption of an optional plan may be held at any time in accordance with the provisions
of article 1 of this act; 1
(b) In the event of a favorable vote of the voters at the above election, the first election of officers under the adopted plan shall
take place on (1) the second Tuesday in May occurring not less than 75 days next following the adoption of one of the optional
plans in municipalities adopting a charter providing for the holding of regular municipal elections at which all members of the
council are to be elected at large; (2) the second Tuesday in May occurring not less than 120 days following the adoption of
one of the optional plans in municipalities adopting a charter providing for the holding of regular municipal elections and for
the division of the municipality into wards; (3) at the next general election occurring not less than 75 days next following the
adoption of one of the optional plans in municipalities adopting a charter providing for the holding of general elections at which
all members of the council are to be elected at large; or (4) at the next general election occurring not less than 120 days next
following the adoption of one of the optional plans in municipalities adopting a charter providing for the holding of general
elections and for the division of the municipality into wards.
Whenever a municipality has adopted a charter referred to in subsection (3) above, within 10 days, or subsection (4) within
40 days, prior to the last day fixed for the filing of nominating petitions for the primary election for the general election, the
candidates to be first elected shall be nominated in the manner provided by chapter 27 of Title 19 of the Revised Statutes 2 with
respect to the filling of certain vacancies in nominations for county or municipal offices to be filled at the general election.
(c) An optional plan shall take effect, in accordance with the further provisions of this article at (1) 12 o'clock noon on July 1
next following the first election of officers in municipalities adopting a charter providing for the holding of regular municipal
elections, or (2) 12 o'clock noon on January 1 next following the first election of officers in municipalities adopting a charter
providing for the holding of general elections.
Credits
L.1950, c. 210, p. 521, § 17-56. Amended by L.1953, c. 254, p. 1750, § 15; L.1973, c. 234, § 6, eff. Oct. 24, 1973; L.1981, c.
465, § 37, eff. Jan. 9, 1982; L.2005, c. 136, § 65, eff. Jan. 1, 2006.
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1
40:69A-205. Schedule of installation of optional plan adopted, NJ ST 40:69A-205
Notes of Decisions (1)
Footnotes
N.J.S.A. § 40:69-1 et seq.
1
N.J.S.A. § 19:27-1 et seq.
2
N. J. S. A. 40:69A-205, NJ ST 40:69A-205
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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2
40:69A-206. Charters, amendments and supplements superseded;..., NJ ST 40:69A-206
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
H. Succession in Government
N.J.S.A. 40:69A-206
40:69A-206. Charters, amendments and supplements superseded;
existing ordinances and resolutions remain in force where not inconsistent
Currentness
Upon the effective date of an optional charter adopted pursuant to this act, any other charter and its amendments and supplements
theretofore applicable to the municipality shall be superseded with respect to such municipality. All ordinances and resolutions
of the municipality to the extent that they are not inconsistent with the provisions of this act shall remain in full force and effect
until modified or repealed as provided by law.
Credits
L.1950, c. 210, p. 522, § 17-57, eff. June 8, 1950.
N. J. S. A. 40:69A-206, NJ ST 40:69A-206
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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1
40:69A-207. Existing offices abolished on effective date of..., NJ ST 40:69A-207
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
H. Succession in Government
N.J.S.A. 40:69A-207
40:69A-207. Existing offices abolished on effective date of
optional plan; exception; administrative code to be adopted
Currentness
a. At 12 o'clock noon on the effective date of an optional plan adopted pursuant to this act, all offices then existing in such
municipality shall be abolished and the terms of all elected and appointed officers shall immediately cease and determine;
provided, that nothing in this section shall be construed to abolish the office or terminate the term of office of any member of the
board of education, board of fire commissioners of a township fire district, trustees of the free public library, commissioners of
a local housing authority, members of a municipal shade tree commission, board of managers of a municipal hospital, municipal
magistrates or of any official or employee now protected by any tenure of office law, or of any policeman, fireman, teacher,
principal or school superintendent whether or not protected by a tenure of office law. If the municipality is operating under
the provisions of Title 11 of the Revised Statutes (Civil Service) 1 at the time of the adoption of an optional plan under this
act, nothing herein contained shall affect the tenure of office of any person holding any position or office coming within the
provisions of said Title 11 as it applies to said officers and employees. If the municipal clerk has, prior to the effective date
of the optional plan, acquired a protected tenure of office pursuant to law, he shall become the first municipal clerk under the
optional plan.
b. Provision for officers and for the organization and administration of the municipal government under the optional plan may
be made by an interim resolution pending the adoption of an administrative code.
c. Within 90 days after the date of organization of the first municipal council elected under the optional plan, the municipal
governing body shall adopt, by ordinance, an administrative code organizing the administration of the municipal government,
setting forth the duties, responsibilities and powers of all municipal officers, departments and agencies, and establishing the
manner of performance thereof.
The code shall restate the major provisions of the municipal charter and the applicable sections of general law, and provide
such additional details as are necessary to present a complete guide describing: the municipal offices; how municipal officers
are selected; how municipal departments, divisions, boards, commissions, and agencies are organized; lines of supervisory
responsibility and accountability; and procedures to be followed to carry out the functions and activities of the municipal
government.
d. The administrative code shall take effect 30 days after its adoption. Thereupon, all municipal offices, departments, divisions,
boards, commissions, and agencies shall assume the form, perform the duties and responsibilities, and exercise the powers
granted under the administrative code in the manner prescribed therein.
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1
40:69A-207. Existing offices abolished on effective date of..., NJ ST 40:69A-207
e. The administrative code may be amended or supplemented from time to time by ordinance, subject to the provisions of law.
Credits
L.1950, c. 210, p. 523, § 17-58. Amended by L.1954, c. 69, p. 427, § 6; L.1967, c. 127, § 1, eff. June 22, 1967; L.1971, c. 268,
§ 2, eff. July 21, 1971; L.1977, c. 392, § 1, eff. Feb. 28, 1978; L.1991, c. 430, § 6, eff. Jan. 18, 1992.
Notes of Decisions (19)
Footnotes
Repealed. See, now, Title 11A.
1
N. J. S. A. 40:69A-207, NJ ST 40:69A-207
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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2
40:69A-207.1. Local industrial commissions; continuance or..., NJ ST 40:69A-207.1
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
H. Succession in Government
N.J.S.A. 40:69A-207.1
40:69A-207.1. Local industrial commissions; continuance or reestablishment
Currentness
The governing body of any municipality governed by a form of government authorized by the “Optional Municipal Charter Law”
may by ordinance provide for the continuance or reestablishment, as the case may be, of any local industrial commission which
was established in said municipality pursuant to P.L.1962, c. 96 (C. 40:106-1(123) to 40:106-1(132)) and which commission
was performing its functions, powers and duties under said law immediately prior to the adoption by the municipality of its
form of government under the Optional Municipal Charter Law.
Credits
L.1972, c. 170, § 1, eff. Nov. 3, 1972.
N. J. S. A. 40:69A-207.1, NJ ST 40:69A-207.1
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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1
40:69A-208. Appointments between election and time of taking..., NJ ST 40:69A-208
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
H. Succession in Government
N.J.S.A. 40:69A-208
40:69A-208. Appointments between election and time of taking
office under optional plan; pending actions and proceedings
Currentness
(a) No subordinate board, department, body, office, position or employment shall be created and no appointments shall be made
to any subordinate board, department or body, or to any office, employment or position, including without limitation patrolmen
and firemen, between the date of election of officers and the date the newly elected officers take office under any optional plan.
(b) All actions and proceedings of a legislative, executive or judicial character which are pending upon the effective date of
an optional plan adopted pursuant to this act may continue, and the appropriate officer or employee under such optional plan
shall be substituted for the officer or employee theretofore exercising or discharging the function, power or duty involved in
such action or proceeding.
Credits
L.1950, c. 210, p. 523, § 17-59. Amended by L.1954, c. 69, p. 428, § 7, eff. June 24, 1954.
Notes of Decisions (2)
N. J. S. A. 40:69A-208, NJ ST 40:69A-208
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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1
40:69A-208.1. Continuance of charter adopted prior to Jan. 9,..., NJ ST 40:69A-208.1
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
H. Succession in Government
N.J.S.A. 40:69A-208.1
40:69A-208.1. Continuance of charter adopted prior to Jan. 9, 1982 of municipality with mayor-council plan
Currentness
Any municipality having adopted, prior to the effective date of this amendatory and supplementary act, a charter encompassing
a mayor-council plan of government heretofore authorized pursuant to P.L.1950, c. 210 shall continue to be governed, after
the effective date of this act, by the charter and plan of government so adopted, until such time as the charter is abandoned or
altered pursuant to article 1 of that act (C. 40:69A-1 through 40:69A-25), or amended pursuant to section 7 of this amendatory
and supplementary act. 1 During such time as the municipality shall continue to be governed by that charter, any provisions
of, or supplements to, P.L.1950, c. 210 enacted or amended after the effective date of this amendatory and supplementary act,
which would have pertained to that charter if the provisions of this amendatory and supplementary act had not been enacted,
shall pertain to that charter and govern that municipality.
Credits
L.1981, c. 465, § 20, eff. Jan. 9, 1982.
Footnotes
N.J.S.A. § 40:69A-25.1.
1
N. J. S. A. 40:69A-208.1, NJ ST 40:69A-208.1
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
40:69A-209. Partial invalidity, NJ ST 40:69A-209
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
I. General Provisions
N.J.S.A. 40:69A-209
40:69A-209. Partial invalidity
Currentness
If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be
invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to
the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have
rendered.
Credits
L.1950, c. 210, p. 523, § 17-60, eff. June 8, 1950.
N. J. S. A. 40:69A-209, NJ ST 40:69A-209
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
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1
40:69A-210. Short title, NJ ST 40:69A-210
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 17. Additional Provisions Common to Optional Plans
I. General Provisions
N.J.S.A. 40:69A-210
40:69A-210. Short title
Currentness
This act shall be known as the Optional Municipal Charter Law.
Credits
L.1950, c. 210, p. 524, § 17-61, eff. June 8, 1950.
N. J. S. A. 40:69A-210, NJ ST 40:69A-210
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
1
AppendixE–MinorityOpinion
Minority Report
Of the Asbury Park Charter Study Commission
Submitted by:
Randy Thompson
AsburyParkCharterStudyCommission–8/5/2013
124
Executive Summary
The purpose of the minority report is to inform the voters of Asbury Park on two concerning
issues in the recommendation to change the form of government and to suggest that the broader
community appeal to the majority of the commission to amend its recommendation. The majority
of the commission operating under the Optional Municipal Charter Law (OMCL) has
recommended a change in the form of government which includes:
 The most salient flaw in the current form of government – concentrated
Mayoral/Executive powers without voter accountability.
 Runoff elections, which decreases voter turnout, allows less voters to decide the final
outcome of elections and add a significant cost to the municipality.

The minority report will detail:
 The recommendation of the majority of the commission for the change in government
does concentrate strong executive power into a single position, the municipal manager
and insulates this individual from voter accountability. Furthermore, the recommendation
does not take advantage of opening avenues of voter accountability as is claimed.
 Runoff Elections - this report provides data that voter turnout is increased and election
costs are decreased by moving the municipal election to November. However, data and
research is presented in this report as well as corroboration by independent research
which shows that including runoff elections are undesirable and decrease voter turnout
 This report recommends that proposing the Mayor – Council form of government without
runoff elections would meet the commission’s statutory mandate which is to recommend
a form in which the government could be strengthened, made more clearly responsive
or accountable to the people or whether its operation could be more economical or
efficient under a changed form of government.
This minority report does not dispute that the current form of government does not meet the
needs of the people nor does it meet the OMCL statutory criteria. The current form of
government being the 1923 Municipal Manager Act, is an arcane form of government, which is
only utilized in seven municipalities governing a minuscule (2.6%) of the State's population.
Furthermore, this form prohibits voter accountability of the key decision maker, the City
Manager and also prohibits voters the power of initiative and referendum.
The goal of this report is to inform the voter as to the choices that were made by the majority of
the commission, resulting in the rejection of findings that were the result of the commission
availing itself of numerous legal opinions, expert testimony and input, interviews with dozens of
elected and former elected officials from multiple municipalities across the state including The
City of Asbury Park, State Agencies and legislative offices, County and local agencies and
municipalities as well as conducting independent research.
It is the opinion of this report that substantiation and data was not presented to support the
majority recommended form of government, the Council – Manager form without runoff
elections. Note: The Commission has until August 16, 2013 to amend its recommendation.
The commission can be contacted at [email protected]. The recommended form of
government should be “The Mayor – Council form with no runoff elections.”
Section 1
Executive Power will be concentrated in one individual. Do you want that individual
accountable to the voters? Or insulated from voter accountability?
The Asbury Park Charter Study Commission came to a single unanimous decision regarding the
final recommendation during its nine months. This unanimous decision was to change the current
form of government. The chief complaint of the current form was that the de facto mayor was the
Municipal Manager who held the largest concentration of power and was easily beyond reach in
several instances of accountability to the council or the voters of Asbury Park. The current form
of government has a ceremonial Mayor elected from the Council itself. The Mayor holds no
traditional Mayoral powers asides from some non-essential appointments and presiding over
Council Meetings. This section will show that concentration of power will remain in-tact and
voters ability to exert their will over that individual will remain blocked in the majority
recommended form, the Council – Manager Form.
Each section will have a chart displaying the concentration of power in the executive, Mayor or
de facto Mayor, and will be followed by a chart showing avenues of accountability if they exist.
Concentration of executive power in the Municipal Manager Form
(The current form of government of Asbury Park)
Powers of the Municipal Manager
Source: N.J.S.A. 40:82-4








Act as the Chief Executive Officer.
Compile the budget.
Execute all laws and ordinances.
Appoint and remove all department heads and all other officers. Required to disclose
appointments or removals at the next Council Meeting.
Negotiate contracts for the municipality/recommend municipal improvements.
Attend all Council Meetings with the right to discussion but no vote.
Investigate at any time the affairs of any officer or department of the municipality.
Perform such other duties as may be required of the municipal manager by ordinance or
resolution of the municipal council.
Powers of the Mayor Elected by the Council
Source: N.J.S.A. 40:81-8




Preside at the meetings of the Council.
Allowed to vote.
Fill vacancies of the Public Library.
Is the signatory for official documents (bonds, notes, contracts or written obligations of
the municipality).
Concentration of Power in the form recommended in the Public
Question which Asbury Park Residents will vote on in November
(Council Manager Form)
Powers of the Municipal Manger
Source: N.J.S.A. 40:69A-95








Act as the Chief Executive Officer.
Compile the Budget.
Execute all laws and ordinances.
Appoint and remove all department heads and all other officers. Required to disclose
appointments or removals at the next Council Meeting.
Negotiate contracts for the municipality/recommend municipal improvements.
Attend all Council Meetings with the right to discussion but no vote.
Investigate at any time the affairs of any officer or department of the municipality.
Perform such other duties as may be required of the municipal manager by ordinance or
resolution of the municipal council.
Powers of the Elected Mayor
Source: N.J.S.A. 40:69A-87




Preside at the meetings of the Council.
Allowed to vote.
Fill vacancies of the Public Library.
Is the signatory for official documents (bonds, notes, contracts or written obligations of
the municipality).
Concentration of Power in the Mayor – Council Form
Powers of the Elected Mayor
N.J.S.A. 40:69A-40






Act as the Chief Executive Officer.
Compile the budget.
Execute all laws and ordinances.
Appoint and remove all department heads and all other officers with advice and consent
of the Council. Removal of Department Heads requires advanced notice to the Council
and approval.
Negotiate contracts for the municipality/recommend municipal improvements.
The mayor may attend meetings of council and may take part in discussions of council.
Additional:



May veto ordinances subject to Council override by a two-thirds vote.
The mayor shall have no vote except in the case of a tie on the question of filling a
vacancy in the council, in which case he may cast the deciding vote.
Serve as an ex officio, nonvoting member of all appointive bodies in municipal
government of which he is not an official voting member.
Both the current form of government and the proposed new form of government (Council –
Manager) will allow the de facto Mayor to Appoint and Remove Department Heads without
notice or approval of the Council. Their only requirement is to notify the Council “At the next
Council Meeting.”
Both the current form of government, the proposed new form and the Mayor – Council form of
government allow the Council investigative controls. The majority report incorrectly states that
this is a new and “unique” element of transparency.
Council Manager (N.J.S.A. 40:69A-91):
“Nothing herein contained shall prevent the municipal council from appointing
committees or commissions of its own members or of citizens to conduct
investigations into the conduct of any officer or department, or any matter relating
to the welfare of the municipality, and delegating to such committees or
commissions such powers of inquiry as the municipal council may deem
necessary.”
Municipal Manager (N.J.S.A.40:81-16):
“Nothing herein contained shall prevent the municipal council from appointing
committees or commissions of its own members or its citizens to conduct
investigations into the conduct of any officer or department, or any matter relating
to the welfare of the municipality, and delegating to such committees or
commissions such powers of inquiry as the municipal council deem necessary.”
In fact only the Mayor – Council form of government would empower the council with unique
statutory abilities. While the above forms require that the council move as a body (majority vote)
for such actions, so does the Mayor – Council form allow the council to create investigative
committees or commissions as a body. However, the Mayor – Council form is the only form
which allows for an individual councilmember to “at any time, require a report on any aspect of
the government of the municipality by making a written request to the mayor” (N.J.S.A. 40:69A37.1).
This unique feature of empowerment of individual councilmembers would in fact inject
transparency into the operation of the municipality as even a single motivated councilmember
could reveal unknown information via the power of their individual request. In addition,
requests from residents could see less of a burden as the effort required to petition
councilmembers would not require a majority.
Lastly, the Mayor – Council clearly separates the Executive (Mayor) and Legislative (Council)
branches of government. Separation of branches of government is consistent with the delineation
which exists at County, State and Federal forms of Government. As stated in the United States
Constitution, the separation of powers is critical as "power is of an encroaching nature, and that
it ought to be effectually restrained from passing the limits assigned to it."
Both the current form of government (Municipal Manager Form) and the recommendation of the
majority of the commission (Council-Manager) fuses the two functions of government,
legislative and executive.
Which form has the most avenues of accountability?
This section explores by charts the various separate and distinct avenues of accountability which
residents would be empowered to petition or effect change in their municipal government.
Current form of government (Municipal Manager):
Open Avenue
Open Avenue
Closed Avenue
Petition Council Hold Councilmembers
/Seek Action
Accountable at Election
Closed Avenue
Petition Executive
Hold Individual with
Separately for Action Executive Power
Accountable
Municipal Manager Form
(Current Form of Government in Asbury Park)
Two (2) Avenues of effecting change
Closed Avenue
Initiative or
Referendum
Recommended change in government on the public question
(Council – Manager):
Open Avenue
Open Avenue
Closed Avenue
Petition Council Hold Councilmembers
/Seek Action
Accountable at Election
Closed Avenue
Petition Executive
Hold Individual with
Separately for Action Executive Power
Accountable
Open Avenue
Initiative or
Referendum
Council – Manager Form
(Recommended change in government Public Question in Asbury Park)
Three (3) Avenues of effecting change
Mayor – Council Plan:
Open Avenue
Open Avenue
Open Avenue
Petition Council Hold Councilmembers
/Seek Action
Accountable at Election
Open Avenue
Petition Executive
Hold Individual with
Separately for Action Executive Power
Accountable
Mayor – Council Form
Five (5) Avenues of effecting change
Open Avenue
Initiative or
Referendum
Section 2
Runoff Elections
The definition of a Runoff Election is: if a sufficient number of candidates do not receive a
majority of the votes cast to elect the required number of councilmen-at-large or no candidate for
mayor receives a majority of the votes cast for his respective office, a run-off election in the
municipality will be held on fourth Tuesday next following that municipal election.
The Asbury Park Charter Study Commission considered runoffs as a part of the recommendation
for a new form of government. However, data was absent to assist in the decision making so the
option was discarded. Without any further data or research to show the benefit of runoff elections
the majority of Commissioners re-visited the question and hastily approved runoffs under the
premise that they will drive “community consensus” and force candidates to appeal to the wider
community.
Research presented, corroborated by data and independent research, shows that runoffs do not
necessarily drive community consensus and definitively reduce voter participation. Runoff
elections also will cost the municipality an approximate $20,000 more.
Research presented consists of:






Study Results from the Center for Government Services
Use of Runoff Elections in Monmouth County
Interview with the Jersey City Clerk
Interview with the City of Vineland Clerk
Consideration of effect of runoffs on special populations
Historically low voter turnout in Asbury Park
Independent Research:
The Rutgers Center for Government Services provided from a report conducted by the New
Jersey County and Municipal Government Study Commission in 1979 which found:




15 of the 46 places using the OMCL Mayor-Council Plan and 12 of the 30 places under
the OMCL Council-Manager plans at the time used run-offs.
Survey results of local officials that had run-off elections revealed that 63% thought they
were not desirable.
Among those local officials that did not have run-offs, 84% thought they were not
desirable.
The report recommended that run-offs remain an option under the OMCL, rather than
making them mandatory.
Use of Runoffs in Monmouth County:
Of the 54 municipalities in Monmouth County only one (1) uses runoff elections, Tinton Falls
Borough. Another municipality Keansburg Borough had briefly enacted runoffs. Keansburg
changed their form of government in 1974 and included run-off elections in their new form.
However, at the first legally allowable opportunity to eliminate run-off elections the municipality
did so.
Interviews with Jersey City Clerk, Robert Byrne and City of Vineland Clerk, Keith
Petrosky, RMC:
In speaking with both City Clerks it was learned that runoffs do in their experience reduce voter
turnout therefore ensuring that less voters decide the election. In addition, several significant
differences between these municipalities and The City of Asbury Park exists, most notably both
Jersey City and the City of Vineland consistently have higher voter turnout at their elections. In
addition there is an undervote for council elections under a mayoral runoff, further reducing the
vote. It was learned that Jersey City had enacted runoffs because of experiencing more than one
hundred candidates running for ten elected positions – a 10:1 margin. This far exceeds the City
of Asbury Park which in its most contentious elections saw only slightly above a 4:1 margin.
Lastly, it was noted that campaign finances can be determinants of runoff elections as it requires
more expenditure of resources for the second election, a point to be considered for outside
influences which will empower candidates to endure a second election.
Below is an example of a recent runoff election in which voter participation declined in the
runoff. Two additional occurrences are notable. While less voters decided the outcome, it can be
argued that the runoff yielded a consensus vote of those participating for the Mayoral runoff.
However, despite the runoff, the council election did not see any consensus vote whatsoever.
City of Vineland General Election - Mayor
City of Vineland Run-Off Election – Mayor
City of Vineland Mayor
38/38 100.00%
City of Vineland Mayor
38/38 100.00%
Under Votes 2346
Over Votes 0
Under Votes 45
Over Votes 0
Vote Count Percent
- Robert Romano 8,506 39.89%
- Ruben Bermudez 5,503 25.81%
- Perry D. Barse 4,668 21.89%
- Douglas A. Albrecht 2,380 11.16%
- David W. Mazur 262 1.23%
Personal Choice 6 0.03%
Vote Count Percent
- Ruben Bermudez 5,268 56.22%
- Robert Romano 4,103 43.78%
Total votes: 21,325
100.00%
100.00%
City of Vineland General Election –
Council
City Council of Vineland
38/38 100.00%
Total 9,371
City of Vineland Run-Off Election – Council
City Council of Vineland
38/38 100.00%
Under Votes 35545
Over Votes 0
Under Votes 4373
Over Votes 0
Vote Count Percent
- Mayra Arroyo 7,482 9.24%
- Maria Laboy 7,293 9.00%
- Peter F. Coccaro III 7,047 8.70%
- Nelson Thompson 6,166 7.61%
- Antonio F. Romero 6,047 7.47%
- Anthony R. Fanucci 5,066 6.25%
- Paul F. Spinelli 4,691 5.79%
- John A. Procopio 4,670 5.77%
- Maritza Gonzalez 4,188 5.17%
- Angela Calakos 4,160 5.14%
- Carlos E. Villar 4,104 5.07%
- Diamaris Rios 3,918 4.84%
- Edwin Cintron 3,741 4.62%
- Terra L. Dower 3,350 4.14%
- Louis F. Cresci Jr. 2,688 3.32%
- Gina Randazzo-Thompson 2,289 2.83%
- Stephen I. Plevins 2,142 2.64%
- Delfin Cuevas Jr. 1,959 2.42%
Personal Choice 3 0.00%
Vote Count Percent
- Anthony R. Fanucci 5,023 11.80%
- John A. Procopio 4,946 11.62%
- Paul F. Spinelli 4,906 11.53%
- Angela Calakos 4,722 11.10%
- Maritza R. Gonzalez 4,398 10.33%
- Mayra Arroyo 3,896 9.16%
- Peter F. Coccaro III 3,880 9.12%
- Maria A. Laboy 3,830 9.00%
- Nelson Thompson 3,503 8.23%
- Antonio F. Romero 3,451 8.11%
Total votes: 81,004
Total votes: 42,555
100.00%
.
100.00%
Consideration of Effect of Runoffs on Adversely Affected Populations:
There are several significant populations which face extraordinary adversity which also
manifests as barriers to voter participation in the City of Asbury Park. Residents facing severe
adversity such as poverty, high unemployment, poor housing and constant violence will likely
find it difficult to prioritize a second election over daunting circumstances of their daily struggle.
Also, populations with physical, developmental disabilities, mental illness, substance use
disorders, co-occurring disorders or emotional/behavioral disorders and learning disabilities can
often require extra assistance to succeed in participating as a voter. Arraigning transportation and
personnel to assist individuals with the voting process, the filling out of forms, often takes
planning beginning several months before an election. An unplanned runoff election will
certainly pose a significant hardship on populations requiring this level of assistance which
would include many of our senior populations and those mentioned above.
Historically Low Voter Turnout in Asbury Park:
The City of Asbury Park has historically low voter turn-out for elections. To presume that
holding a second election will spur participation is speculative and without substantiation. In fact
to address this issue the Asbury Park Charter Study Commission decided to include in the
recommendation moving the municipal elections to November.
Open Public Records Act requests to the County Division of Election, Superintendent of
Elections and the Clerk of Elections revealed that voter participation can be increased by as
much as 40% by holding elections in November. Additionally, the City would save
approximately $20,000 from this move.
By arbitrarily including runoff elections with the prospect of another election late in November
(or in some instances early December) the majority recommendation has risked eliminating the
$20,000 in savings definitively and given the serious and numerous concerns above have
potentially placed a barrier to participation which will likely counter or exceed the increased
voter engagement sought from the November elections.
CONCLUSION:
It is the opinion of this report that substantiation and data was not presented to support the
majority recommended form of government, the Council – Manager form without runoff
elections. Note: The Commission has until August 16, 2013 to amend its recommendation.
The commission can be contacted at [email protected]. The recommended form of
government should be “The Mayor – Council form with no runoff elections.”
Appendix:
Mayor Council Plan
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 3. Mayor-Council Plan
A. Form of Government
N.J.S.A. 40:69A-31
40:69A-31. Applicable laws
Currentness
The form of government provided in this article1 shall be known as the “mayor-council plan”
and shall, together with articles 2 and 17,2 govern any municipality the voters of which have
adopted it pursuant to this act.3
Credits
L.1950, c. 210, p. 472, § 3-1, eff. June 8, 1950. Amended by L.1981, c. 465, § 13, eff. Jan. 9,
1982.
Notes of Decisions (5)
Footnotes
1
N.J.S.A. § 40:69A-31 et seq.
2
N.J.S.A. §§ 40:69A-26 to 40:69A-30 and 40:69A-150 to 40:69A-210.
3
N.J.S.A. § 40:69A-1 et seq.
N. J. S. A. 40:69A-31, NJ ST 40:69A-31
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 3. Mayor-Council Plan
A. Form of Government
N.J.S.A. 40:69A-32
40:69A-32. Government by council, mayor and appointed officers and employees; exercise of
legislative and executive functions
Currentness
a. Each municipality hereunder shall be governed by an elected council, and an elected mayor
and by such other officers and employees as may be duly appointed pursuant to this article,1
general law or ordinance.
b. For the purpose of the construction of all other applicable statutes, unless the explicit terms
and context of the statute require a contrary construction, any administrative or executive
functions assigned by general law to the governing body shall be exercised by the mayor, and
any legislative and investigative functions assigned by general law to the governing body shall
be exercised by the council. Those functions shall be exercised pursuant to the procedures set
forth in this plan of government, unless other procedures are required by the specific terms of the
general law.
Credits
L.1950, c. 210, p. 472, § 3-2, eff. June 8, 1950. Amended by L.1985, c. 374, § 1, eff. Nov. 26,
1985.
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 3. Mayor-Council Plan
B. Elected Officials
N.J.S.A. 40:69A-33
40:69A-33. Mayor; election; term
Currentness
The mayor shall be elected by the voters of the municipality, and shall serve for a term of 4
years.
Credits
L.1950, c. 210, p. 473, § 3-3, eff. June 8, 1950. Amended by L.1981, c. 465, § 14, eff. Jan. 9,
1982.
N. J. S. A. 40:69A-33, NJ ST 40:69A-33
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 3. Mayor-Council Plan
B. Elected Officials
N.J.S.A. 40:69A-34
40:69A-34. Council members; number; term
Currentness
The council shall consist of five members, unless otherwise provided in the municipal charter,
who shall serve for a term of 4 years.
Credits
L.1950, c. 210, p. 473, § 3-4, eff. June 8, 1950. Amended by L.1981, c. 465, § 15, eff. Jan. 9,
1982.
Notes of Decisions (3)
N. J. S. A. 40:69A-34, NJ ST 40:69A-34
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 3. Mayor-Council Plan
B. Elected Officials
N.J.S.A. 40:69A-34.1
40:69A-34.1. Mayor-council plan; election of mayor and council; regular municipal or general
election
Currentness
Any municipality adopting a mayor-council plan of government shall provide in its charter that
the mayor and council shall be elected by the voters of the municipality either:
a. At a regular municipal election held on the second Tuesday in May in the years in which
municipal officers are to be elected, in which case the term of office of the mayor and council
members shall begin on July 1 next following their election; or
b. At the general election held on the first Tuesday after the first Monday in November or at such
other time as may be provided by law for holding general elections, in which case the term of
office of the mayor and council members shall begin on January 1 next following their election.
Credits
L.1981, c. 465, § 16, eff. Jan. 9, 1982.
N. J. S. A. 40:69A-34.1, NJ ST 40:69A-34.1
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 3. Mayor-Council Plan
B. Elected Officials
N.J.S.A. 40:69A-34.2
40:69A-34.2. Council members; election at large or by ward
Currentness
Any municipality adopting a mayor-council plan of government shall provide in its charter
either:
a. That the council members shall be elected at large by the voters of the municipality at the
regular municipal election, or general election, as the charter shall provide; or
b. That the municipality shall be divided into wards pursuant to the authority granted in section
1-13 or 1-19 (C. 40:69A-13 or 40:69A-19); that council members shall be elected at large and by
wards at the regular municipal election or general election, as the charter shall provide; and that
no more than one council member shall be elected from each ward established in the
municipality, and all other council members shall be elected at large.
Credits
L.1981, c. 465, § 17, eff. Jan. 9, 1982. Amended by L.1989, c. 221, § 2, eff. Dec. 29, 1989.
Notes of Decisions (3)
N. J. S. A. 40:69A-34.2, NJ ST 40:69A-34.2
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 3. Mayor-Council Plan
B. Elected Officials
N.J.S.A. 40:69A-34.3
40:69A-34.3. First council members; term of office
Currentness
a. Any municipality adopting a mayor-council plan of government may provide in its charter that
the council members elected at the first regular municipal election or general election, as the
charter shall provide, following the adoption of the plan shall serve for the following terms: if the
municipal council is to consist of five members, two shall serve for four years and three for two
years; if the municipal council is to consist of seven members, three shall serve for four years
and four for two years; or if the municipal council is to consist of nine members, four shall serve
for four years and five for two years. The length of the respective term of each member of the
first council shall be determined by lot at the organization of the council immediately following
the election.
b. Notwithstanding the provisions of subsection a. of this section, if a municipality adopting the
provisions of this section shall also provide in its charter that the municipality shall be divided
into wards pursuant to the authority granted in section 1-13 or 1-19 (C. 40:69A-13 or 40:69A19), the council members elected at the first regular municipal election or general election, as the
charter shall provide, following the adoption of the plan shall serve as follows: the council
members elected at large for a term of four years; and the council members elected from wards
for a term of two years.
Credits
L.1981, c. 465, § 18, eff. Jan. 9, 1982. Amended by L.1989, c. 221, § 3, eff. Dec. 29, 1989.
N. J. S. A. 40:69A-34.3, NJ ST 40:69A-34.3
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 3. Mayor-Council Plan
B. Elected Officials
N.J.S.A. 40:69A-35
40:69A-35. Repealed by L.1979, c. 83, § 1 (§ 40A:16-23), eff. April 26, 1979
Currentness
N. J. S. A. 40:69A-35, NJ ST 40:69A-35
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 3. Mayor-Council Plan
C. Council
N.J.S.A. 40:69A-36
40:69A-36. Legislative power
Currentness
The legislative power of the municipality shall be exercised by the municipal council, subject to
the procedures set forth in this plan of government. Legislative powers shall be exercised by
ordinance, except for the exercise of those powers that, under this plan of government or general
law, do not require action by the mayor as a condition of approval for the exercise thereof, and
may, therefore, be exercised by resolution, including, but not limited to:
a. The override of a veto of the mayor;
b. The exercise of advice and consent to actions of the mayor;
c. The conduct of a legislative inquiry or investigation;
d. The expression of disapproval of the removal by the mayor of officers or employees;
e. The removal of any municipal officer for cause;
f. The adoption of rules for the council;
g. The establishment of times and places for council meetings;
h. The establishment of the council as a committee of the whole and the delegation of any
number of its members as an ad hoc committee;
i. The declaration of emergencies respecting the passage of ordinances;
j. The election, appointment, setting of salaries and removal of officers and employees of the
council, subject to any pertinent civil service requirements and any pertinent contractual
obligations, and within the general limits of the municipal budget;
k. Designation of official newspapers;
l. Approval of contracts presented by the mayor;
m. Actions specified as resolutions in the “Local Budget Law” (N.J.S. 40A:4-1 et seq.) and the
“Local Fiscal Affairs Law” (N.J.S. 40A:5-1 et seq.); and
n. The expression of council policies or opinions which require no formal action by the mayor.
Credits
L.1950, c. 210, p. 473, § 3-6, eff. June 8, 1950. Amended by L.1985, c. 374, § 2, eff. Nov. 26,
1985.
Notes of Decisions (6)
N. J. S. A. 40:69A-36, NJ ST 40:69A-36
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 3. Mayor-Council Plan
C. Council
N.J.S.A. 40:69A-37
40:69A-37. Powers; requiring sworn statements from officers; removal of officers
Currentness
The council, in addition to such other powers and duties as may be conferred upon it by this
charter1 or otherwise by general law, may:
(a) Require any municipal officer, in its discretion, to prepare and submit sworn statements
regarding his official duties in the performance thereof, and otherwise to investigate the conduct
of any department, office or agency of the municipal government;
(b) Remove, by at least two-thirds vote of the whole number of the council, any municipal
officer, other than the mayor or a member of council, for cause, upon notice and an opportunity
to be heard.
Credits
L.1950, c. 210, p. 473, § 3-7, eff. June 8, 1950. Amended by L.1985, c. 374, § 3, eff. Nov. 26,
1985.
Notes of Decisions (8)
Footnotes
1
N.J.S.A. §§ 40:69A-31 to 40:69A-48.
N. J. S. A. 40:69A-37, NJ ST 40:69A-37
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 3. Mayor-Council Plan
C. Council
N.J.S.A. 40:69A-37.1
40:69A-37.1. Contact with employees through mayor or designee; inquiry into administration of
municipality
Currentness
In any municipality adopting the mayor-council plan of government, the municipal council shall
deal with employees of the department of administration and other administrative departments
solely through the mayor or his designee. All contact with the employees, and all actions and
communications concerning the administration of the government and the provision of municipal
services shall be through the mayor or his designee, except as otherwise provided by law.
Nothing in this section shall be construed to prohibit the council’s inquiry into any act or
problem of the administration of the municipality. Any council member may, at any time, require
a report on any aspect of the government of the municipality by making a written request to the
mayor. The council may, by a majority vote of the whole number of its members, require the
mayor or his designee to appear before the council sitting as a committee of the whole, and to
bring before the council those records and reports, and officials and employees of the
municipality as the council may determine necessary to ensure clarification of the matter under
study. The council may further, by a majority of the whole number of its members, designate any
number of its members as an ad hoc committee to consult with the mayor or his designee to
study any matter and to report to the council thereon. It is the intent of the mayor-council plan of
government to confer on the council general legislative powers, and such investigative powers as
are germane to the exercise of its legislative powers, but to retain for the mayor full control over
the municipal administration and over the administration of municipal services.
Credits
L.1985, c. 374, § 8, eff. Nov. 26, 1985.
N. J. S. A. 40:69A-37.1, NJ ST 40:69A-37.1
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 3. Mayor-Council Plan
C. Council
N.J.S.A. 40:69A-38
40:69A-38. Municipal clerk; duties
Currentness
The council shall appoint a municipal clerk, who shall serve as clerk of the council, keep its
minutes and records of its proceedings, maintain and compile its ordinances and resolutions as
this act requires, and perform such functions as may be required by law. The municipal clerk
shall, prior to his appointment, have been qualified by training or experience to perform the
duties of the office.
Credits
L.1950, c. 210, p. 474, § 3-8, eff. June 8, 1950.
Notes of Decisions (1)
N. J. S. A. 40:69A-38, NJ ST 40:69A-38
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 3. Mayor-Council Plan
D. Mayor and Administration
N.J.S.A. 40:69A-39
40:69A-39. Executive power
Currentness
The executive power of the municipality shall be exercised by the mayor, subject to the
procedures set forth in this plan of government.
Credits
L.1950, c. 210, p. 474, § 3-9, eff. June 8, 1950. Amended by L.1985, c. 374, § 4, eff. Nov. 26,
1985.
Notes of Decisions (2)
N. J. S. A. 40:69A-39, NJ ST 40:69A-39
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 3. Mayor-Council Plan
D. Mayor and Administration
N.J.S.A. 40:69A-40
40:69A-40. Duties of mayor
Currentness
The mayor shall:
a. Enforce the charter and ordinances of the municipality and all general laws applicable thereto;
b. Report annually to the council and to the public on the state of the municipality, and the work
of the previous year; he shall also recommend to the council whatever action or programs he
deems necessary for the improvement of the municipality and the welfare of its residents. He
may from time to time recommend any action or programs he deems necessary or desirable for
the municipality to undertake;
c. Supervise, direct and control all departments of the municipal government and shall require
each department to make an annual and such other reports on its work as he may deem desirable;
d. Require such reports and examine such accounts, records and operations of any board,
commission or other agency of municipal government, as he deems necessary;
e. Prepare and submit to the council for its consideration and adoption an annual operating
budget and a capital budget, establish the schedules and procedures to be followed by all
municipal departments, offices and agencies in connection therewith, and supervise and
administer all phases of the budgetary process;
f. Supervise the care and custody of all municipal property, institutions and agencies, and make
recommendations concerning the nature and location of municipal improvements and execute
improvements determined by the governing body;
g. Sign all contracts, bonds or other instruments requiring the consent of the municipality;
h. Review, analyze and forecast trends of municipal services and finances and programs of all
boards, commissions, agencies and other municipal bodies, and report and recommend thereon to
the council;
i. Supervise the development, installation and maintenance of centralized budgeting, personnel
and purchasing procedures as may be authorized by ordinance;
j. Negotiate contracts for the municipality, subject to council approval;
k. Assure that all terms and conditions imposed in favor of the municipality or its inhabitants in
any statute, franchise or other contract are faithfully kept and performed;
l. Serve as an ex officio, nonvoting member of all appointive bodies in municipal government of
which he is not an official voting member.
Credits
L.1950, c. 210, p. 474, § 3-10, eff. June 8, 1950. Amended by L.1985, c. 374, § 5, eff. Nov. 26,
1985.
Notes of Decisions (4)
N. J. S. A. 40:69A-40, NJ ST 40:69A-40
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 3. Mayor-Council Plan
D. Mayor and Administration
N.J.S.A. 40:69A-41
40:69A-41. Approval or veto of ordinances; attending meetings
Currentness
(a) Ordinances adopted by the council shall be submitted to the mayor, and he shall within ten
days after receiving any ordinance, either approve the ordinance by affixing his signature thereto
or return it to the council by delivering it to the municipal clerk together with a statement setting
forth his objections thereto or to any item or part thereof. No ordinance or any item or part
thereof shall take effect without the mayor’s approval, unless the mayor fails to return an
ordinance to the council within ten days after it has been presented to him, or unless council
upon reconsideration thereof on or after the third day following its return by the mayor shall by a
vote of two-thirds of the members resolve to override the mayor’s veto.
(b) The mayor may attend meetings of council and may take part in discussions of council but
shall have no vote except in the case of a tie on the question of filling a vacancy in the council, in
which case he may cast the deciding vote.
Credits
L.1950, c. 210, p. 474, § 3-11, eff. June 8, 1950.
Notes of Decisions (2)
N. J. S. A. 40:69A-41, NJ ST 40:69A-41
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 3. Mayor-Council Plan
D. Mayor and Administration
N.J.S.A. 40:69A-42
40:69A-42. Acting mayor
Currentness
The mayor shall designate the business administrator, any other department head, or the
municipal clerk to act as mayor whenever the mayor shall be prevented by absence from the
municipality, disability or other cause from attending to the duties of his office. During such time
the person so designated by the mayor shall possess all the rights, powers, and duties of mayor.
Whenever the mayor shall have been unable to attend to the duties of his office for a period of
sixty consecutive days for any of the above stated reasons, an acting mayor shall be appointed by
the council, who shall succeed to all the rights, powers and duties of the mayor or the then acting
mayor.
Credits
L.1950, c. 210, p. 475, § 3-12, eff. June 8, 1950.
N. J. S. A. 40:69A-42, NJ ST 40:69A-42
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 3. Mayor-Council Plan
D. Mayor and Administration
N.J.S.A. 40:69A-43
40:69A-43. Departments; heads; appointment; term of office; removal; officers and employees;
boards of alcoholic beverage control
Currentness
(a) The municipality shall have a department of administration and such other departments, not
less than two and not exceeding nine in number, as council may establish by ordinance. All of
the administrative functions, powers and duties of the municipality, other than those vested in the
offices of the municipal clerk and the municipal tax assessor, shall be allocated and assigned
among and within such departments.
The offices of the municipal clerk and the municipal tax assessor shall be subject to such general
administrative procedures and requirements as are departments of the municipal government,
including, but not limited to, the preparation and submission of an annual budget and of such
periodic budget reports as are generally required of departments, and such accounting controls,
central purchasing practices, personnel procedures and regulations, and central data processing
services as are generally required of departments.
(b) Each department shall be headed by a director, who shall be appointed by the mayor with the
advice and consent of the council. Each department head shall serve during the term of office of
the mayor appointing him, and until the appointment and qualification of his successor. The
mayor shall, with the advice and consent of the council, appoint the municipal assessor and all
other municipal officers not assigned within municipal departments, subject to the terms of any
general law providing for these offices, unless a different appointment procedure is clearly
required by this plan of government or by general law.
(c) The mayor may in his discretion remove any department head and, subject to any general
provisions of law concerning term of office or tenure, any other municipal executive officer who
is not a subordinate departmental officer or employee, after notice and an opportunity to be
heard. Prior to removal the mayor shall first file written notice of his intention with the council,
and such removal shall become effective on the 20th day after the filing of such notice unless the
council shall prior thereto have adopted a resolution by a two-thirds vote of the whole number of
the council, disapproving the removal.
In the event of the removal or failure of reappointment of a business administrator, that
administrator may, upon the enactment of an ordinance, be entitled to a three-months’ written
notice of the removal or non-reappointment, or if the mayor determines that the removal shall be
immediate, then the administrator may, upon the enactment of an ordinance, be paid any unpaid
balance of his salary plus his salary for a maximum of the next three calendar months following
the effective date of the mayor’s action unless the removal is for good cause. For the purposes of
this subsection, “good cause” shall mean conviction of a crime or offense involving moral
turpitude, the violation of the provisions of section 17-14, 17-15, 17-16, 17-17, or 17-18 of
P.L.1950, c. 210 (C.40:69A-163 through 40:69A-167), or the violation of any code of ethics in
effect within the municipality.
(d) Department heads shall appoint subordinate officers and employees within their respective
departments and may, with approval of the mayor, remove such officers and employees, subject
to the provisions of Title 11A of the New Jersey Statutes, where that Title is effective in the
municipality, or other general law.
(e) Notwithstanding the foregoing provisions of this section, in any city of the first class, there
shall be, and in any municipality having a population of 15,000 or more, there may be, a board of
alcoholic beverage control which shall exercise the powers conferred upon municipal boards of
alcoholic beverage control under Title 33 of the Revised Statutes. Such boards shall be
comprised of three members, no more than two of whom shall be of the same political party,
who shall be appointed by the mayor, with the advice and consent of the council, each to serve
for a term of three years, provided that of those first appointed, one shall be appointed to serve
for a term of one year, one for two years, and one for three years. Any vacancy in such office
shall be filled in the same manner as the original appointment, for the balance of the unexpired
term. Except in cities of the first class the members of such board shall serve without
compensation but may be reimbursed for necessary expenses incurred in the performance of their
duties; in cities of the first class, the members of such board shall receive such compensation as
shall be established by ordinance of the municipality. They shall be removable by the mayor for
cause. Any person appointed hereunder shall not be subject to the provisions of Title 11A of the
New Jersey Statutes, and no such person shall be a member of the city council.
Nothing in this subsection shall be construed to limit the general power of the municipal council
under this act to establish, alter and abolish offices, boards and commissions in any municipality
other than a city of the first class.
(f) Whenever in any municipality with a population greater than 100,000, according to the latest
federal decennial census, the governing body is authorized by any provision of general law to
appoint the members of any board, authority or commission, such power of appointment shall be
deemed to vest in the mayor with the advice and consent of the council. In all other
municipalities, whenever the governing body is authorized by any provision of general law to
appoint the members of any board, authority or commission, such power of appointment shall be
deemed to vest in the mayor with the advice and consent of the council, unless the specific terms
of that general law clearly require a different appointment procedure or appointment by
resolution, in which case the appointment shall be by the council.
Credits
L.1950, c. 210, p. 475, § 3-13. Amended by L.1954, c. 68, p. 420, § 1; L.1960, c. 61, p. 492, § 1;
L.1961, c. 126, p. 750, § 1, eff. Dec. 21, 1961; L.1981, c. 393, § 5, eff. Jan. 6, 1982; L.1981, c.
462, § 39, eff. Jan. 1, 1982; L.1985, c. 374, § 6, eff. Nov. 26, 1985; L.1989, c. 258, § 1, eff. Jan.
4, 1990; L.1997, c. 418, § 1, eff. Jan. 19, 1998.
Notes of Decisions (28)
N. J. S. A. 40:69A-43, NJ ST 40:69A-43
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 3. Mayor-Council Plan
D. Mayor and Administration
N.J.S.A. 40:69A-43a
40:69A-43a. Employees of administrative departments; compensation; determination;
department directors
Currentness
The mayor shall, subject to any pertinent civil service requirements and any pertinent contractual
obligations, and within the general limits of the municipal budget, fix the amount of salary,
wages or other compensation to be paid to employees of the administrative departments of the
municipal government, except that the salary, wages or other compensation paid the director of
each department shall be fixed by the council pursuant to subsection (c) of section 17-31 of
P.L.1950, c. 210 (C. 40:69A-180), and except that salaries of officers which are required by law
to be fixed by ordinance shall be fixed by ordinance.
Credits
L.1985, c. 374, § 9, eff. Nov. 26, 1985.
N. J. S. A. 40:69A-43a, NJ ST 40:69A-43a
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 3. Mayor-Council Plan
D. Mayor and Administration
N.J.S.A. 40:69A-43.1
40:69A-43.1. Deputy director of department
Currentness
The director of each department in any city of the second class which, prior to the effective date
of this amendatory and supplementary act, had adopted the form of government designated as
“Mayor-Council Plan D” provided for in article 6 of the act to which this act is a supplement,1
may appoint a deputy director of his department who shall serve, and be removable at the
pleasure of the director, in the unclassified service of the civil service of the city and shall
receive such salary as shall be fixed by the director with the approval of the council.
No municipality shall adopt the provisions of this section on or after the effective date of this
amendatory and supplementary act.
Credits
L.1954, c. 62, p. 414, § 1, eff. June 24, 1954. Amended by L.1981, c. 465, § 39, eff. Jan. 9, 1982.
Footnotes
1
N.J.S.A. § 40:69A-61 et seq.
N. J. S. A. 40:69A-43.1, NJ ST 40:69A-43.1
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 3. Mayor-Council Plan
D. Mayor and Administration
N.J.S.A. 40:69A-43.2
40:69A-43.2. Powers and duties of deputy
Currentness
The director shall prescribe, in writing, the powers and duties of the deputy so appointed by him
and the acts of such deputy, within the scope of his authority, shall in all cases be as legal and
binding as if done and performed by the director for whom he is acting.
Credits
L.1954, c. 62, p. 414, § 2, eff. June 24, 1954.
N. J. S. A. 40:69A-43.2, NJ ST 40:69A-43.2
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 3. Mayor-Council Plan
D. Mayor and Administration
N.J.S.A. 40:69A-44
40:69A-44. Department of administration; director; qualifications; powers and duties
Currentness
The department of administration shall be headed by a director who shall be known and
designated as business administrator. He shall be chosen solely on the basis of his executive and
administrative qualifications with special reference to his actual experience in, or his knowledge
of, accepted practice in respect to the duties of his office as hereinafter set forth. At the time of
his appointment, he need not be a resident of the municipality or State, but during his tenure of
office he may reside outside the municipality only with the approval of council. He shall have,
exercise and discharge the functions, powers and duties of the department. The department,
under the direction and supervision of the mayor shall:
(a) Assist in the preparation of the budget;
(b) Administer a centralized purchasing system;
(c) Be responsible for the development and administration of a sound personnel system; and
(d) Perform such other duties as council may prescribe.
(e) The governing body of the municipality may provide, by ordinance, that the business
administrator also shall, subject to the direction of the mayor, supervise the administration of
each of the departments established by ordinance. For this purpose, he shall have power to
investigate the organization and operation of any and all departments, to prescribe standards and
rules of administrative practice and procedure, and to consult with the heads of the departments
under his jurisdiction; provided that with respect to any department of law or department of
audit, accounts or control, the authority of the business administrator under this subsection shall
extend only to matters of budgeting, personnel and purchasing.
Credits
L.1950, c. 210, p. 476, § 3-14. Amended by L.1954, c. 68, p. 422, § 2; L.1981, c. 462, § 40, eff.
Jan. 1, 1982; L.1981, c. 465, § 19, eff. Jan. 9, 1982.
N. J. S. A. 40:69A-44, NJ ST 40:69A-44
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 3. Mayor-Council Plan
E. Budget and Control
N.J.S.A. 40:69A-45
40:69A-45. Preparation of budget
Currentness
The municipal budget shall be prepared by the mayor with the assistance of the business
administrator. During the month of November, the mayor shall require all department heads to
submit requests for appropriations for the ensuing budget year, and to appear before the mayor or
the business administrator at public hearings, which shall be held during that month, on the
various requests.
Credits
L.1950, c. 210, p. 476, § 3-15, eff. June 8, 1950.
N. J. S. A. 40:69A-45, NJ ST 40:69A-45
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 3. Mayor-Council Plan
E. Budget and Control
N.J.S.A. 40:69A-46
40:69A-46. Recommended budget, submission of
Currentness
Except in those municipalities which operate on the State fiscal year pursuant to section 2 or 3 of
P.L.1991, c. 75 (C.40A:4-3.1 or C.40A:4-3.2), on or before the fifteenth day of the fiscal year the
mayor shall submit to council his recommended budget together with such explanatory comment
or statement as he may deem desirable. The budget shall be in such form as is required by law
for municipal budgets, and shall in addition have appended thereto a detailed analysis of the
various items of expenditure and revenue. Council may reduce any item or items in the mayor’s
budget by a vote of a majority of the council, but an increase in any item or items therein shall
become effective only upon an affirmative vote of two-thirds of the members of council.
Credits
L.1950, c. 210, p. 477, § 3-16, eff. June 8, 1950. Amended by L.1991, c. 75, § 6, eff. March 28,
1991.
N. J. S. A. 40:69A-46, NJ ST 40:69A-46
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 3. Mayor-Council Plan
E. Budget and Control
N.J.S.A. 40:69A-46.1
40:69A-46.1. Municipality taking advantage of extended budget dates; time for submission of
mayor’s recommended budget
Currentness
Notwithstanding the provisions of section 3-16 of P.L.1950, c. 210 (C. 40:69A-46), in any local
budget year for which budget dates are extended pursuant to section 1 of this act,1 the mayor of a
municipality governed under the “mayor-council plan” pursuant to P.L.1950, c. 210 (C. 40:69A1 et seq.) which takes advantage of such extension shall submit to the council his recommended
budget not less than 16 days prior to the extended date for the introduction and approval of
municipal budgets.
Credits
L.1989, c. 31, § 8, eff. Feb. 17, 1989.
Footnotes
1
N.J.S.A. § 40A:4-5.1.
N. J. S. A. 40:69A-46.1, NJ ST 40:69A-46.1
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 3. Mayor-Council Plan
E. Budget and Control
N.J.S.A. 40:69A-47
40:69A-47. System of work programs and quarterly allotments
Currentness
The council shall where practicable provide for the maintenance of a system of work programs
and quarterly allotments, for operation of the budget. It shall be the duty of the officer or
department administering any such program to develop and report appropriate unit costs of
budgeted expenditures.
Credits
L.1950, c. 210, p. 477, § 3-17, eff. June 8, 1950.
N. J. S. A. 40:69A-47, NJ ST 40:69A-47
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
New Jersey Statutes Annotated
Title 40. Municipalities and Counties
Subtitle 3A. Optional Municipal Charters
Chapter 69A. Forms of Municipal Government: Adoption and Effect (Refs & Annos)
Article 3. Mayor-Council Plan
E. Budget and Control
N.J.S.A. 40:69A-48
40:69A-48. Control function
Currentness
Provision shall be made by ordinance for the exercise of a control function, in the management
of the finances of the municipality, by some officer other than the business administrator. The
control function shall include provision for an encumbrance system of budget operation, for
expenditures only upon written requisition, for the pre-audit of all claims and demands against
the municipality prior to payment, and for the control of all payments out of any public funds by
individual warrant for each payment to the official having custody thereof.
Credits
L.1950, c. 210, p. 477, § 3-18, eff. June 8, 1950. Amended by L.1985, c. 374, § 7, eff. Nov. 26,
1985.
N. J. S. A. 40:69A-48, NJ ST 40:69A-48
Current with laws effective through L.2013, c. 79 and J.R. No. 9.
End of Document
© 2013 Thomson Reuters. No claim to original U.S. Government Works.
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