Title 40, Title 40: MUNICIPALITIES AND COUNTIES

40:69A-116. Government by elected council and mayor and appointed officers Each municipality shall be governed by an elected council and a mayor and such other officers as shall be appointed pursuant to this article, general law or ordinance. L.1950, c. 210, p. 495, s. 13-2, eff.…

40:69A-117. Composition of council The council shall consist of the mayor and two council members, unless pursuant to the authority granted under section 1-13 or 1-19 of article 1 of this act, or unless provided by amendment of the charter pursuant to section 7 of this amendatory…

40:69A-117.1. Small municipality plan; members of council; election at regular municipal or general election Any municipality adopting a small municipality plan of government shall provide in its charter that the council members shall be elected by the voters of the municipality …

40:69A-117.2. First members of council; terms of office Any municipality adopting a small municipality 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, followin…

40:69A-117.3. Mayor; election by council or by voters; charter provision Any municipality adopting a small municipality 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…

40:69A-12. Report and recommendations 1-12. The charter commission may report and recommend: (a) That a referendum shall be held to submit to the qualified voters of the municipality the question of adopting one of the plans of government authorized in this act, and such of the a…

40:69A-120. Legislative power; quorum; mayor's duties; president of council The legislative power of the municipality shall be exercised by the council, except as may be otherwise provided by general law. The mayor shall participate and vote as other council members. A majority o…

40:69A-121. Executive power; mayor's duties The executive power of the municipality shall be exercised by the mayor. It shall be his duty to see that all laws and ordinances in force and effect within the municipality are observed. He shall address the council and report to the r…

40:69A-122. Assessor; tax collector; attorney; clerk; treasurer; other officers; appointment An assessor, a tax collector, an attorney, a clerk, a treasurer and such other officers as may be provided by ordinance shall be appointed by the mayor with the advice and consent of the …

40:69A-123. Finance committee and other committees of council The mayor shall also appoint a finance committee of council which may consist of one or more council members, and may appoint and designate other committees of council of similar composition. L.1950, c.210, s.13-9; ame…

40:69A-124. Appointment of officers and employees by mayor All officers and employees whose appointment or election is not otherwise provided for in this article or by general law shall be appointed by the mayor. If the municipality has not adopted the provisions of Title 11 of t…

40:69A-125. Residence in municipality not required Appointive officers and employees need not be residents of the municipality unless council shall so require. L.1950, c. 210, p. 497, s. 13-11, eff. June 8, 1950.

40:69A-126. Municipal clerk A municipal clerk shall be appointed by the mayor with the advice and consent of council. The municipal clerk shall be qualified by previous training or experience to perform the duties of his office. He shall serve at the pleasure of the council, exce…

40:69A-127. Duties of municipal clerk The municipal clerk shall serve as clerk of the council, perform such functions as may be required by law of municipal clerks generally, have such other powers and duties as council may prescribe. He shall maintain the records and minutes of …

40:69A-128. Annual budget The mayor shall prepare the annual budget with the assistance of the treasurer and the co-operation of the other members of the council. L.1950, c. 210, p. 497, s. 13-14, eff. June 8, 1950.

40:69A-129. Treasurer's duties The treasurer shall be the chief financial officer of the municipality and shall keep and maintain books and records of all financial transactions of the municipality in accordance with the standards and requirements of the State Division of Local G…

40:69A-13. Number of council members and wards; recommendations (a) If the charter commission shall recommend the adoption of the mayor-council plan of government or the council-manager plan of government, it may also specify that the municipal council shall consist of seven or n…

40:69A-130. Disbursement of municipal funds No municipal funds shall be disbursed except pursuant to and within the limits of appropriations made in accordance with law. All disbursements shall be by bank check or draft signed by the mayor and countersigned by the treasurer, upon…

40:69A-131. Tax collector; duties The municipal tax collector shall receive and collect all moneys assessed or raised by taxation or assessment for any purpose. The collector shall enter in suitable books or other records to be kept by him the sums received each day together with…

40:69A-132. Bond of treasurer and collector The treasurer and the collector shall each give bond, at the expense of the municipality, in accordance with general law. L.1950, c. 210, p. 498, s. 13-18, eff. June 8, 1950.

40:69A-14. Form of question submitted to voters 1-14. The question to be submitted to the voters for the adoption of any of the optional plans of government authorized by this act, including any of the alternatives contained in this act, shall be submitted in the following form o…

40:69A-149.1. Adoption by voters; applicable laws The form of government provided in this article shall be known as the "mayor-council-administrator plan," and shall, together with articles 2 and 17, govern any municipality the voters of which have adopted it pursuant to law. L.1…

40:69A-149.10. Officers and employees; appointment and recruitment by mayor All officers and employees whose appointment or election is not otherwise provided for in this article or by general law shall be appointed by the mayor. If the municipality has not adopted the provisions…

40:69A-149.11. Clerk The municipal clerk shall serve as clerk of the council, perform such functions as may be required by law of municipal clerks generally, and have such other powers and duties as the council may prescribe. He shall maintain the records and minutes of the gover…

40:69A-149.12. Annual budget; preparation The council shall prepare the annual budget with the assistance of the municipal administrator and the treasurer. L.1981, c. 465, s. 36, eff. Jan. 9, 1982.

40:69A-149.13. Treasurer The treasurer shall be the chief financial officer of the municipality and shall keep and maintain books and records of all financial transactions of the municipality in accordance with the standards and requirements of the Division of Local Government Se…

40:69A-149.14. Municipal funds; disbursement No municipal funds shall be disbursed except pursuant to and within the limits of appropriations made in accordance with law. All disbursements shall be by bank check or draft signed by the mayor and countersigned by the treasurer, upo…

40:69A-149.15. Tax collector The municipal tax collector shall receive and collect all moneys assessed or raised by taxation or assessment for any purpose. The collector shall enter in suitable books or other records to be kept by him the sums received each day together with the …

40:69A-149.16. Bond; treasurer and collector The treasurer and the collector shall each give bond, at the expense of the municipality, in accordance with general law. L.1981, c. 465, s. 36, eff. Jan. 9, 1982.

40:69A-149.2. Government by elected mayor and council, and appointed municipal administrator and other officers and employees Each municipality hereunder shall be governed by an elected mayor and council, and an appointed municipal administrator, and by such other officers and em…

40:69A-149.3. Council; composition; mayor and councilmen; election; terms of office The council shall consist of the mayor and six council members. The mayor and council shall be elected at the general election to be held on the first Tuesday after the first Monday in November. E…

40:69A-149.4. Election at large; terms of office of first elected The mayor and council members shall be elected at large by the voters of the municipality. At the first election following the adoption by a municipality of this section, of the six council members to be elected, t…

40:69A-149.5. Council; legislative power; status of mayor; quorum; president; special meetings The legislative power of the municipality shall be exercised by the council, except as may be otherwise provided by general law. The mayor shall preside over all meetings of the council…

40:69A-149.6. Mayor; powers and duties The executive power of the municipality shall be exercised by the mayor. He shall enforce the charter and ordinances of the municipality and all general laws applicable thereto, and shall recommend such actions to the council as he may deem …

40:69A-149.7. Ordinances; approval by mayor Each ordinance adopted by the council shall be submitted to the mayor, and he shall within 10 days after receiving it either approve the ordinance by affixing his signature thereto or return it to the council by delivering it to the mun…

40:69A-149.8. Mayoral appointments; municipal departments a. The mayor shall nominate, and with the advice and consent of the council appoint, a municipal administrator, an assessor, a tax collector, an attorney, a clerk, a treasurer and such other officers as may be provided by …

40:69A-149.8a. Ordinances validated Any ordinance heretofore adopted by a municipality governed by section 36 of P.L. 1981, c. 465 (C. 40:69A-149.1 through 40:69A-149.16) which provides for the establishment of municipal departments, and any actions taken by a municipality pursua…

40:69A-149.9. Municipal administrator The municipal administrator shall administer the business affairs of the municipality and shall, as provided by ordinance, have such powers and perform such duties which are not required by this article or general law to be exercised by the m…

40:69A-15. Ballots; submission of question of adoption of optional plan of government If the charter commission shall recommend that the question of adopting one of the optional plans of government authorized by this act shall be submitted to the voters of the municipality, it sh…

40:69A-150 Municipal elections; time. 17-1. 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…

40:69A-152. Terms of municipal officers 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. L.1950, c. 210, p. 503, s. 17-3, eff. June 8, 1950.

40:69A-153.1. Dual candidacy; prohibition 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.). L.1981, c. 87, s. 1, eff. March 26, 1981.

40:69A-16. Special charter or specific amendments of charters; petition to legislature If the charter commission shall propose a special charter or specific amendment or amendments of or to the existing charter of the municipality, it shall be the duty of the governing body of th…

40:69A-162. Candidates elected in municipalities adopting article 13 or 14 In any municipality which has adopted article 13 or 14 of this act, the candidate for mayor, if there be one, who receives the greatest number of votes shall be elected and the number of candidates for cou…

40:69A-163. Interest in contracts or jobs forbidden 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, …

40:69A-164. Franks, free passes, tickets or services; acceptance forbidden 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, waterwo…