Title 40, Title 40: MUNICIPALITIES AND COUNTIES

40:69A-21. Other proceedings pending; no new petition within 4 years No petition for submission of the question of adopting an optional plan of government pursuant to section 1-18 et seq. of this act may be filed while proceedings are pending pursuant to another such petition, or…

40:69A-210. Short title This act shall be known as the Optional Municipal Charter Law. L.1950, c. 210, p. 524, s. 17-61, eff. June 8, 1950.

40:69A-22. Vote in favor of change in form of government Whenever the legally qualified voters of any municipality by a majority of those voting on the question, vote in favor of adopting a change in their form of government pursuant to this act, either by the charter commission …

40:69A-23 Optional form of government; adoption, no vote for 10 years thereafter to change. 1-23. The voters of any municipality which has adopted an optional form of government pursuant to this act may not vote on the question of adopting another form of government until 10 year…

40:69A-24. Each optional plan declared complete form of government For the purposes of this act each of the optional plans of government provided in this act, and each of said optional plans as modified by any available provisions concerning the time of elections, size and terms …

40:69A-25 Reversion to prior law. 1-25. Any municipality may, subject to the provisions of section 1-23 of this act, abandon its optional plan and revert to the form of government under which it was governed immediately prior thereto, upon the filing of a petition and referendum …

40:69A-25.1 Amendment of charter to provide for alternate elections. 7. a. (1) Any municipality governed by a plan of government adopted pursuant to P.L.1950, c.210 (C.40:69A-1 et seq.) may, by referendum, amend its charter to include any alternative permitted under that plan of …

40:69A-25.2. Alternative under 40:69A-25.1, transition provisions 8. a. Whenever any municipality, pursuant to the authority granted in section 7 of this act, shall amend its charter to include an alternative permitted under its plan of government and included in Group B. of subs…

40:69A-25.3. Group C alternative; adoption; transitional provisions Whenever any municipality shall, pursuant to the authority granted in section 7 of this act, amend its charter only to include an alternative permitted under its plan of government and included in group C. of sub…

40:69A-25.4. Group D alternative; adoption; transitional provisions Whenever any municipality shall, pursuant to the authority granted in section 7 of this act, amend its charter only to include an alternative permitted under its plan of government and included in group D. of sub…

40:69A-25.5. Group E alternative; adoption; transitional provisions Whenever any municipality shall, pursuant to the authority granted in section 7 of this act, amend its charter only to include an alternative permitted under its plan of government and included in group E. of sub…

40:69A-26. Laws governing after adoption of optional form of government 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 provis…

40:69A-27. Municipality remains body corporate and politic; name 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 pe…

40:69A-28. "General law" defined 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…

40:69A-29 Powers of municipality. 2-4. 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…

40:69A-3. Candidates for charter commission Candidates for the charter commission shall be registered voters of the municipality. They may be nominated by petition signed by at least 3% or 100, whichever is the lesser number, but at no time shall such number be less than 10, of t…

40:69A-30. Power of local self-government conferred; construction of grants of power 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 enume…

40:69A-31. Applicable laws The form of government provided in this article shall be known as the "mayor-council plan and shall, together with articles 2 and 17, govern any municipality the voters of which have adopted it pursuant to this act. L.1950, c. 210, p. 472, s. 3-1, eff. …

40:69A-32. Mayor-council plan 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, general law or ordinance. b. For the purpose of the construction …

40:69A-33. Mayor; election; term The mayor shall be elected by the voters of the municipality, and shall serve for a term of 4 years. L.1950, c. 210, p. 473, s. 3-3, eff. June 8, 1950. Amended by L.1981, c. 465, s. 14, eff. Jan. 9, 1982.

40:69A-34. Council members; number; term The council shall consist of five members, unless otherwise provided in the municipal charter, who shall serve for a term of 4 years. L.1950, c. 210, p. 473, s. 3-4, eff. June 8, 1950. Amended by L.1981, c. 465, s. 15, eff. Jan. 9, 1982.

40:69A-34.1. Mayor-council plan; election of mayor and council; regular municipal or general election 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.…

40:69A-34.2. Council members; election at large or by ward 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, …

40:69A-34.3. First council members; terms of office 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…

40:69A-36. Legislative power 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, un…

40:69A-37. Investigative, removal powers The council, in addition to such other powers and duties as may be conferred upon it by this charter or otherwise by general law, may: (a) Require any municipal officer, in its discretion, to prepare and submit sworn statements regarding h…

40:69A-37.1. Mayoral control of administration 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…

40:69A-38. Municipal clerk; duties 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…

40:69A-39. Executive power The executive power of the municipality shall be exercised by the mayor, subject to the procedures set forth in this plan of government. L. 1950, c. 210, p. 474, s. 3-9, eff. June 8, 1950. Amended by L. 1985, c. 374, s. 4, eff. Nov. 26, 1985.

40:69A-4. Canvass of election The result of the votes cast for and against the adoption of the public question shall be returned by the election officers, and a canvass of such election had, as is provided by law in the case of other public questions put to the voters of a single…

40:69A-40. Mayoral duties 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 rec…

40:69A-41. Approval or veto of ordinances; attending meetings (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 coun…

40:69A-42. Acting mayor 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 of…

40:69A-43 Municipal departments, number. 3-13. (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 dut…

40:69A-43.1. Deputy director of department 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 …

40:69A-43.2. Powers and duties of deputy 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 di…

40:69A-43a. Administrative department salaries 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 t…

40:69A-44. Department of administration; director; qualifications; powers and duties 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 administrat…

40:69A-45. Preparation of budget 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, an…

40:69A-46. Budget submitted 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 February 28, the mayor shall submit to council the mayor’s recommended budget toget…

40:69A-46.1. Mayor-council plan deadline 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, the mayor of a municipality governed under the "mayor-counc…

40:69A-47. System of work programs and quarterly allotments 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…

40:69A-48. Control functions 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 …

40:69A-5. Organization of charter commission; quorum; majority required for effective recommendations As soon as possible and in any event no later than fifteen days after its election, the charter commission shall organize and hold its first meeting and elect one of its members …

40:69A-6. Vacancies in charter commission In case of any vacancy in the charter commission, the remaining members of such commission shall fill it by appointing thereto some other properly qualified citizen. L.1950, c. 210, p. 463, s. 1-6, eff. June 8, 1950.

40:69A-60.1. Mayoral appointees The mayor of any municipality having a population of more than 300,000, which, prior to January 9, 1982, had adopted the form of government designated as "Mayor-Council Plan C" provided for in article 5 of the act of which this act is a supplement,…