Title 40A, Title 40A: MUNICIPALITIES AND COUNTIES

40A:65-13 Construction of power to share services. 13. It is the intent of the Legislature to facilitate and promote shared service agreements, and therefore the grant of power under sections 1 through 35 of P.L.2007, c.63 (C.40A:65-1 through C.40A:65-35) is intended to be as bro…

40A:65-14 Joint contract for joint meeting, regional services agency for public services. 14. a. The governing bodies of any two or more local units may enter into a joint contract, for a period not to exceed 40 years, to provide for the formation of a joint meeting or regional s…

40A:65-15 Joint meeting, regional service agency deemed body corporate and politic; local unit; powers. 15. a. A joint meeting or regional service agency is a public body corporate and politic constituting a political subdivision of the State for the exercise of public and essent…

40A:65-16 Provisions of joint contract. 16. a. The joint contract shall provide for the operation of the public services, public improvements, works, facilities, or undertakings of the joint meeting or regional service agency, for the apportionment of the costs and expenses of op…

40A:65-17 Preservation of seniority, tenure, pension rights of law enforcement officers. 17. a. Whenever the governing bodies of two or more local units enter into a joint contract for the joint operation of law enforcement services within their respective jurisdictions, the cont…

40A:65-18 Applicability of terms of existing contracts. 18. a. When a joint meeting or regional service agency merges bargaining units that have current contracts negotiated in accordance with the provisions of the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.…

40A:65-19 Employment reconciliation plan; provisions. 19. a. When a local unit agrees to participate in a joint meeting or regional service agency that will provide a service that the local unit is currently providing itself through public employees, the agreement shall include a…

40A:65-2 Findings, declarations relative to shared services and consolidation. 2. The Legislature finds and declares: a. Historically, many specialized statutes have been enacted to permit shared services between local units for particular purposes. b. Other laws, permitting a va…

40A:65-20 Constitution, appointment of management committee. 20. a. The joint contract shall provide for the constitution and appointment of a management committee to consist of at least three members, of which one shall be appointed by the governing body of each of the local uni…

40A:65-21 Apportionment of operating costs by management committee. 21. The cost of acquiring, constructing, and operating any public improvements, works, facilities, services, or undertakings, or any part thereof, as determined by the management committee, shall be apportioned a…

40A:65-22 Certification of costs and expenses by management committee. 22. The management committee, not later than November 1 of each year, shall certify to the participating local units the total costs and expenses of operation, other than acquisition and construction costs, of…

40A:65-23 Termination of joint contract. 23. The joint contract shall be terminated upon the adoption of a resolution to that effect by the governing bodies of two-thirds of the local units then participating; except that if only two local units are then participating, adoption o…

40A:65-24 Existing joint meeting, public school jointure unaffected. 24. Any joint meeting or public school jointure formed under a previous law is continued and shall be governed under the provisions of sections 1 through 35 of P.L.2007, c.63 (C. 40A:65-1 through C.40A:65-35). L…

40A:65-25 Findings, declarations relative to municipal consolidation. 25. a. The Legislature finds and declares that in order to encourage municipalities to increase efficiency through municipal consolidation for the purpose of reducing expenses borne by their property taxpayers,…

40A:65-26 Required information included in Municipal Consolidation Study Commission reports. 26. a. A consolidation plan or report of a Municipal Consolidation Study Commission shall include the provisions of sections 16 and 24 of P.L.1977, c.435 (C.40:43-66.50 and 40:43-66.58), …

40A:65-27 Creation of task force to facilitate consolidation. 27. a. Once a consolidation has been approved by the affected municipal governing bodies or voters, the division shall create a task force of State departments, offices and agencies, as it deems appropriate, and repres…

40A:65-28 Equalization of property assessments for apportionment of taxes. 28. a. If a revaluation of property for the consolidated municipality is not implemented for the first local budget year of the consolidated municipality, then the assessments on the properties owned by th…

40A:65-29 Construction of law on consolidation appeals. 29. The provisions of sections 1 to 37 of P.L.2007, c.63 (C.40A:65-1 et al.) shall be liberally construed to effectuate the intention of sections 25 through 28 of P.L.2007, c.63 (C.40A:65-25 through C.40A:65-28). The board i…

40A:65-3 Definitions relative to shared services and consolidation. 3. As used in sections 1 through 35 of P.L.2007, c.63 (C.40A:65-1 through C.40A:65-35): "Board" means the Local Finance Board in the Division of Local Government Services in the Department of Community Affairs. "…

40A:65-3.1 "Joint meeting" deemed to refer to a "regional service agency." 1. Whenever the term "joint meeting" as defined in section 3 of P.L.2007, c.63 (C.40A:65-3), and which powers and authority are set forth in section 7 of P.L.1960, c.3 (C.40:48B-2.1) and section 15 of P.L.…

40A:65-30 "Sharing Available Resources Efficiently (SHARE)" program established. 30. a. A local unit that plans to study the feasibility of a shared service agreement, joint contract, or municipal consolidation may apply to the director for grants or loans to fund the study, incl…

40A:65-31 "Sharing Available Resources Efficiently" account. 31. There is created a "Sharing Available Resources Efficiently" account within the Property Tax Relief Fund as a non-lapsing revolving account which shall receive moneys as may be credited to it from the Property Tax R…

40A:65-32 Adoption of resolution authorizing certain referenda for citizen's commission. 32. The governing body of a municipality may adopt, at any regular meeting, a resolution requesting the clerk of the county to print upon the official ballots to be used at the next ensuing r…

40A:65-33 Existing agreements, contracts continued. 33. Any shared service agreement, joint contract for a joint meeting, or agreement to regionalize or consolidate services in existence at the time of enactment of sections 1 to 37 of P.L.2007, c.63 (C.40A:65-1 et al.) are contin…

40A:65-34 PERC rules, regulations, fee schedule, grievances, appeals. 34. a. Any shared service agreement, joint contract, or municipal consolidation shall be deemed in furtherance of the public good and presumed valid, subject to a rebuttable presumption of good faith on the par…

40A:65-35 Repealer. 35. The following sections of law are repealed: N.J.S.11A:9-8; N.J.S.18A:46-25 through 18A:46-28; R.S.27:14-33 through 27:14-34; Section 12 of P.L.1947, c.62 (C.27:15-1.11); R.S.27:16-22; R.S.27:16-24; R.S.27:16-40; R.S.27:16-69 and 27:16-70; R.S.27:16-72 thro…

40A:65-4 Agreements for shared services. 4. a. (1) Any local unit may enter into an agreement with any other local unit or units to provide or receive any service that each local unit participating in the agreement is empowered to provide or receive within its own jurisdiction, i…

40A:65-4.1 Short title. 1. This act shall be known and may be cited as the "Common Sense Shared Services Pilot Program Act." L.2013, c.166, s.1.

40A:65-4.2 Definitions relative to shared services agreements; pilot program established. 3. a. As used in this section: "Local employee" means a tenured municipal clerk, assessor, collector, chief financial officer, municipal treasurer, or principal public works manager who is a…

40A:65-5 Adoption of resolution to enter into agreement. 5. a. A local unit authorized to enter into an agreement under section 4 of P.L.2007, c.63 (C.40A:65-4) may do so by the adoption of a resolution. In the case of a shared service agreement between pilot municipalities, no a…

40A:65-6 Local units sharing services, designation of primary employer; rules, regulations. 6. a. In the case of an agreement for the provision of services by an officer or employee of a local unit who is required to comply with a State license or certification requirement as a c…

40A:65-6.1 Information technology, cybersecurity professionals, hiring, shared services. 1. a. The Department of Community Affairs shall not exclude the hiring of information technology or cybersecurity professionals pursuant to a shared services agreement from any program, activ…

40A:65-7 Specific services delineated in agreement; conditions. 7. a. An agreement made pursuant to section 4 of P.L.2007, c.63 (C.40A:65-4) shall specify: (1) the specific services to be performed by one or more of the parties as agent for any other party or parties; (2) standar…

40A:65-8 Preservation of seniority, tenure, pension rights for law enforcement officers. 8. a. Whenever two or more local units enter into an agreement, pursuant to section 4 of P.L.2007, c.63 (C.40A:65-4), for the shared provision of law enforcement services within their respect…

40A:65-9 Awarding of public contracts. 9. If any local unit performs a service on behalf of one or more other local units that are parties to an agreement that utilizes a private contractor to perform all or most of that service, or all or most of a specific and separate segment …