Title 40, Title 40: MUNICIPALITIES AND COUNTIES

40:72-14. Quorum; voting; vote recorded in minutes A majority of the members of the board of commissioners shall constitute a quorum and each member shall have the right to vote on all questions coming before the board. Every resolution or ordinance shall be reduced to writing an…

40:72-16. Board first elected may revise and add to appropriations If, at the beginning of the term of office of the first board of commissioners elected in any municipality under the provisions of chapters 70 to 76 of this title (s. 40:70-1 et seq.), the appropriations for the e…

40:72-18. Use of fees received from water rents The fees, rents or charges received from the sale of water and the operation of the waterworks in any municipality governed hereby shall be applied: a. To payment of all cost and expense of operation, management, maintenance and rep…

40:72-19. Power to construct convention halls in cities In cities governed hereby the commissioners may by ordinance acquire the necessary land and authorize and provide for the construction thereon of a building or buildings suitable for conventions, temporary or permanent exhib…

40:72-2. All powers vested in board of commissioners The board of commissioners established hereunder shall have all the executive, administrative, judicial and legislative powers and duties heretofore had and exercised by the mayor and city council and all other executive or leg…

40:72-3. General powers; power to pass ordinances for specific purposes Every municipality governed by chapters 70 to 76 of this title (s. 40:70-1 et seq.), shall have all the powers necessary for its government not in conflict with the laws applicable to all municipalities or th…

40:72-4. Department; distribution of powers The executive, administrative, judicial and legislative powers, authority and duties in such municipality shall be distributed into and among five departments, except that in municipalities having but three commissioners, three departme…

40:72-5. Jurisdiction of commission over departments and officers thereof The board of commissioners shall determine the powers and duties to be performed by each department and shall assign such powers and duties to each department as it may deem appropriate. The board shall pre…

40:72-6. Commissioners assigned to departments The board of commissioners shall, at the first regular meeting after the election of its members, designate by majority vote one commissioner to be director of the department of public affairs, one commissioner to be director of reve…

40:72-6.1. Assignment of departmental powers and duties in counties of first and second class The board of commissioners of every municipality governed by the commission form of government in counties of the first class or second class, in assigning the powers and duties to be pe…

40:72-7. Subordinate boards and officers; appointment and removal The board of commissioners shall at the first meeting or as soon as may be after organization, create such subordinate boards and appoint such officers as it may deem necessary for the proper and efficient conduct …

40:72-9. Appointment of deputy by director in second class cities and certain fourth class cities In all cities of the second class and in any city of the fourth class having a population of not less than 6,000 inhabitants, governed hereby, the board of commissioners may, in thei…

40:73-1. Qualifications sole test for election, appointment All officers and employees shall be elected or appointed with reference to their qualifications and fitness, for the good of the public service and without reference to their political faith or party affiliations. No off…

40:73-2. No officer or employee to be interested in contracts No officer or employee, elected or appointed in any such municipality shall be interested, directly or indirectly, in any contract or job for work or materials, or the profits thereof, or services to be furnished or pe…

40:73-3. No officer or employee to receive free service; exceptions No such officer or employee shall accept or receive, directly or indirectly, from any person operating within the territorial limits of said municipality any interurban railway, street railway, gas works, waterwo…

40:73-4. Certain acts forbidden; penalties For the violation of the provisions of section 40:73-2 or section 40:73-3 of this title the offender shall be punished as now or may be hereafter provided by law or ordinance.

40:73-5. Appointments in second-class cities in certain years; restriction No subordinate board, department, body, office, position or employment shall be created and no appointments made to membership on any subordinate board, department or body, or to any office, employment or …

40:73-6. Salaries of officers and employees; exceptions The salary or compensation of all officers and employees of the municipality shall be fixed by the board of commissioners, and shall be payable monthly, or at shorter periods as it shall determine. The salary or compensation…

40:73-8. Application of laws relating to municipal boards of recreation commissioners Provisions of law of a general character relating to municipal boards of recreation commissioners shall be applicable to municipalities governed by commission government. L.1971, c. 5, s. 2, eff…

40:73-9. Borough under 5000; tax collector or treasurer; waiver of residency requirements In any borough governed under the commission form of government law and having a population of less than 5,000 inhabitants, any person holding the office of borough tax collector, borough tr…

40:74-1. Certain ordinances and resolutions filed upon passage; ordinance required in certain cases Except as otherwise required or permitted by law, every ordinance or resolution appropriating money, or ordering any street improvement or sewer, or authorizing the making of a con…

40:74-10. Petition; filing A petition signed by electors equal in number to the percentage provided by R.S. 40:74-14 requesting that the proposed ordinance be submitted to the board of commissioners, or to the vote of the people if not passed by the board, shall be filed with the…

40:74-11. Petition; signatures; verification The signatures to the petition need not all be appended to one paper but each signer shall add after his signature his place of residence, giving the street and number. One of the signers of each paper shall make an oath before an offi…

40:74-12. Clerk to examine petition; notice of insufficiency; amendment and refiling Within 20 days after the filing of the petition, the municipal clerk shall examine the same and ascertain whether or not it is signed by the requisite number of qualified electors as hereinafter …

40:74-13. Clerk to examine amended petition; new petition; submission to board The clerk shall, within five days after such refiling, make a similar examination of the amended petition and if his certificate shall show the same to be insufficient he shall forthwith return it to t…

40:74-14. Duty of board on submission of ordinance; submission to voters; withdrawal of petition If the petition accompanying the proposed ordinance be signed by electors equal in number to at least 15% of the votes cast at the last preceding general election at which members of …

40:74-15. Several ordinances submitted together; number of elections limited Any number of proposed ordinances submitted by the board or pursuant to R.S. 40:74-5 or R.S. 40:74-9 may be voted upon at the same election in accordance with the provisions of this article, but there sh…

40:74-16. Notice of election when ordinance or proposition submitted to voters Whenever an ordinance, or proposition affecting an ordinance, is to be submitted to the voters of the municipality at any election, the clerk shall cause the ordinance or proposition to be published in…

40:74-17. Ballot; form and content 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 (+) in the square at the left of the word YES, and if opposed the…

40:74-18 Ordinances; adoption, submission to voters. 40:74-18. 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. An ordinance proposed by p…

40:74-19. Submission of amendments or repeals to voters by board of commissioners The board of commissioners may, within 3 years immediately following the adoption of any ordinance submitted by initiative or referendum and ratified by the voters, submit a proposition for the repe…

40:74-2. Enacting clause; suits for penalties The enacting clause of all ordinances passed by the board of commissioners shall be "the board of commissioners of the (here insert name of municipality) do ordain" ; and all proceedings for the recovery of penalties for the violation…

40:74-3. Record of ordinances; commissioners to sign record Every ordinance passed by the board of commissioners shall be recorded and signed in the book in which it is recorded by the commissioners who voted in favor thereof. When an ordinance or resolution is required to be pub…

40:74-4. Effective date of ordinances; emergency ordinances excepted No ordinance, except when otherwise required by the general laws of the State or the provisions of chapters 70 to 76 of this Title (R.S. 40:70-1 et seq.), and except an ordinance for the immediate preservation o…

40:74-5. Remonstrance against ordinance; petition; reconsideration; referendum; vote required for adoption If within 20 days after the final passage of an ordinance, except ordinances, or any portion thereof, fixing the salaries, wages or compensation of the employees of the muni…

40:74-6. Petition; law applicable The petition shall be in accordance with sections 40:74-10 to 40:74-14 of this title, except as to the percentage of signers, and be examined and certified to by the clerk in all respects as therein provided.

40:74-7. Board may submit ordinances of own volition; several questions submitted Any ordinance or measure, except an ordinance, or portion thereof, fixing the salaries, wages or compensation of the employees of the municipality, that the board of commissioners or the qualified e…

40:74-8. When submission unnecessary No petition or submission to the vote of the electors shall be necessary to authorize the undertaking or completion of any work, the purchase or construction of any public utility or improvement, which any municipality may be authorized by law…

40:74-9. Ordinances proposed by petition; procedure Any proposed ordinance, except a proposed ordinance fixing the salaries, wages or compensation of the employees of the municipality, may be submitted to the board of commissioners by petition of the electors, in the manner herei…

40:75-1. Members of first commission; election and terms The members of the first commission shall be elected, at an election to be held on the fifth Tuesday following the adoption of chapters 70 to 76 of this title (R.S. 40:70-1 et seq.), by the duly authorized voters of the mun…

40:75-2 Subsequent commissioner; election and terms. 40:75-2. On the second Tuesday in May in every fourth year thereafter there shall be elected at a regular municipal election held pursuant to the "Uniform Nonpartisan Elections Law," P.L.1981, c.379 (C.40:45-5 et seq.), the num…

40:75-2.1. Change of form of government--Continuation of commissioners and others in office Whenever in any municipality governed under "The Commission Form of Government Law" the qualified voters of the municipality have, or shall have, adopted another form of government, pursua…

40:75-25. Definitions As used in this article: "Commissioner" means any person, including the mayor, occupying the office of commissioner in a municipality having the commission form of government hereunder. "Recall petition" means the petition to be filed with the municipal cler…

40:75-26. Construction of article The provisions of this article shall be liberally construed, and are not to be taken in derogation of the rights of any person holding the office of commissioner.

40:75-27. Recall procedure Any commissioner may be removed by means of a recall after he has been in office one year. The procedure to effect the recall of an incumbent of the office of commissioner shall be as follows: A recall petition signed by at least twenty-five per centum …

40:75-28. Clerk to examine petition; amendment and refiling The clerk shall examine the recall petition to ascertain whether or not it conforms to the requirements of this article. He shall complete this examination within ten days from the receipt thereof. In examining the signa…