Title 40, Title 40: MUNICIPALITIES AND COUNTIES

40:69A-60.6. Powers and duties of aides The municipal council shall prescribe, in writing, the powers and duties of the aide. L.1973, c. 89, s. 2, eff. April 24, 1973.

40:69A-60.7. City of first class under Mayor-Council Plan C; police chief; appointment; term of office; removal a. Notwithstanding the provisions of any other law to the contrary, the governing body of any city of the first class, which, prior to the effective date of this amenda…

40:69A-67.1. Municipality with Mayor-Council Plan D; housing counsellor; duties The governing body of any municipality having a population in excess of 60,000 persons, in which, prior to the effective date of P.L.1981, c. 465 (C. 40:69A-12 et al.) the voters adopted the form of g…

40:69A-67.2. Appointment; removal; salary The position of housing counsellor created pursuant to section 1 of this act shall be filled by appointment of the council. The housing counsellor shall serve in the unclassified service of the civil service of the municipality, be remova…

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 governmen…

40:69A-8. No compensation; expenses of commission members; consultants and assistants Members of the charter commission shall serve without compensation but shall be reimbursed by the municipality for their necessary expenses incurred in the performance of their duties. Within th…

40:69A-81. Applicable laws The form of government provided in this article shall be known as the "council-manager plan " and shall, together with articles 2 and 17, govern any municipality, the voters of which have adopted this plan pursuant to this act. L.1950, c. 210, p. 485, s…

40:69A-82. Government by elected council and appointed manager and other officers and employees Each municipality under this article shall be governed by an elected council and by an appointed municipal manager, and by such other officers and employees as may be duly appointed pu…

40:69A-83. Council The municipal 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. 485, s. 9-3, eff. June 8, 1950. Amended by L.1981, c. 465, s. 22, eff. Jan. 9, 1982.

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 eith…

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 ele…

40:69A-83.3. Terms of first council members 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…

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 Ja…

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 operatin…

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.…

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 …

40:69A-9. Hearings; public forums The charter commission shall hold public hearings, may hold private hearings and sponsor public forums and generally shall provide for the widest possible public information and discussion respecting the purposes and progress of its work. L.1950,…

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…

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…

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 …

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 …

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 appoi…

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, a…

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…

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 February 28, the municipal manager shall submit to council the municipal manage…

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 th…

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 mun…

40:70-1. Short title Chapters 70 to 76 of this title (s. 40:70-1 et seq.), shall be known as the "commission form of government law" .

40:70-2 Definition of terms. 40:70-2. As used in chapters 70 to 76 of this Title (R.S.40:70-1 et seq.): "General election" means the annual election held on the first Tuesday after the first Monday in November. "Regular municipal election" means the election held pursuant to R.S.…

40:70-3. Municipalities governed hereby All municipalities which shall have heretofore adopted 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…

40:71-1. Election; notice The legal voters of any municipality not governed by chapters 70 to 76 of this title (s. 40:70-1 et seq.) may adopt said chapters at an election held in such municipality, to be called by the municipal clerk upon request or petition in writing of twenty …

40:71-10. Inconsistent laws inapplicable; laws relating to municipal courts unaffected Immediately after the election and organization of the commissioners as provided herein, all laws and parts of laws then existing, whether general or special, in anywise affecting the governmen…

40:71-11. Educational system unaffected Nothing in this subtitle shall affect or apply to the system of public instruction in any municipality.

40:71-2. Clerk to call election; notice Upon the filing of the petition or request in writing with the clerk, he shall forthwith call an election, to be held on the third Tuesday following the date of the filing of the petition, and shall cause public notice of the time and place…

40:71-3. Ballot; form and content The municipal clerk shall provide ballots for each voter at such election, 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 (…

40:71-4. Conduct of election; results certified to clerk The election shall be held at the usual places of holding the annual election in the municipality. The polls shall remain open during the usual hours, and the election shall be conducted by the election officers, and in the…

40:71-5. Clerk to certify results; contents of certificate The municipal clerk shall certify the results of the election to the legislative body of the municipality at its first meeting thereafter, enter the same at large in its minutes and certify the same to the secretary of st…

40:71-6. Vote required for adoption If it appears by the certificate of the clerk that both the majority of the votes cast are in favor of the adoption of chapters 70 to 76 of this title (s. 40:70-1 et seq.), and that the number of votes cast in favor of such adoption is equal in…

40:71-7. If majority against adoption no petition for certain period If a majority of the votes cast are against the adoption of chapters 70 to 76 of this title (s. 40:70-1 et seq.) said chapters shall remain inoperative and no further proceedings shall be taken until after the b…

40:71-8. Corporate existence and name continued The corporate existence of any municipality adopting chapters 70 to 76 of this title (s. 40:70-1 et seq.), shall be continued and its corporate name and seal shall not be changed by such adoption, and all laws, general or special, r…

40:71-9. Elective and appointive officers' terms cease; boards abolished; exception Upon the adoption of chapters seventy to seventy-six of this Title, and the organization of the commissioners first elected, the governing body or bodies and all other boards and bodies whether St…

40:71-9.1. Boards of fire commissioners in townships Notwithstanding the provisions of section 40:71-9 of the Revised Statutes, any board of fire commissioners of any fire district in any township which has adopted or shall adopt the commission form of government may be reinstate…

40:72-1. Commissioners; number The commission shall consist of three members in municipalities having less than twelve thousand inhabitants; and of five members in municipalities having twelve thousand inhabitants or more, subject to the provisions of sections 40:72-1.1 to 40:72-…

40:72-1.1. Municipality with board of three commissioners; additional commissioners; petition, ordinance and referendum Any municipality, which is governed by a board of three commissioners may provide that two additional commissioners shall be elected at an election to be held o…

40:72-1.2. Ballot; form and content The question shall be printed upon the ballots to be used at such general election 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 …

40:72-1.3. Vote required for adoption; amendment and repeal 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 any ordinance proposed by…