Title 40, Title 40: MUNICIPALITIES AND COUNTIES

40:79-2. Definition of terms As used in this subtitle: "Municipality" means any city, town, village, borough, township or any municipality governed by boards of commissioners or improvement commissions which has heretofore adopted the provisions of the act entitled "An act relati…

40:79-3. Municipalities governed by this subtitle; exception All municipalities which shall have heretofore adopted the provisions of the act entitled "An act relating to, regulating and providing for the government of municipalities, except counties, by a municipal council and a…

40:79-4. Additional powers Every municipality governed by this subtitle shall exercise, in addition to the powers enumerated herein, all powers delegated to such municipality by any other general or special law, not inconsistent with the powers enumerated herein.

40:79-5. Other laws applicable It is the intention of this subtitle that the provisions of subtitle 3 of this title (s. 40:42-1 et seq.), shall be applicable whenever not inconsistent with the provisions hereof.

40:79-6. Liberal construction In the construction of any portion of this subtitle whose meaning or application is in dispute, it is intended that its phraseology shall be liberally construed to effectuate the substantial objects hereof.

40:80-1. Special election; petition The legal voters of any municipality may adopt this subtitle at a special election to be held in such municipality, to be called by the municipal clerk upon request or petition in writing of the legal voters of the municipality not less in numb…

40:80-10. Corporate existence and name continued The corporate existence of any municipality, adopting this subtitle shall be continued and its corporate name and seal shall not be changed by such adoption, and all laws, general or special, relating to such municipality shall, ex…

40:80-11. Elective and appointive officers' terms cease; exceptions Upon the adoption of this subtitle and upon the organization of the municipal council elected hereunder the governing body or bodies and all other executive and legislative bodies shall be ipso facto abolished, a…

40:80-12. Inconsistent laws inapplicable; law relating to municipal courts unaffected No law, general or special, or any provision thereof, affecting the government of any municipality governed by this subtitle and contrary to or inconsistent with the provisions hereof, shall app…

40:80-13. Educational system unaffected The system of public education in any municipality adopting this subtitle shall not be affected thereby.

40:80-14. Sinking fund commissions unaffected Nothing in this subtitle shall impair the operation of chapter 3 of this title (s. 40:3-1 et seq.).

40:80-15. No proceedings to adopt other government within four years No municipality governed by the municipal manager form of government shall, within four years after the adoption thereof, take proceedings for the adoption of any other law prescribing a form of government.

40:80-2. Clerk to call election; notice Upon the filing of such petition or request in writing with the municipal clerk, he shall forthwith call an election, to be held on the fourth Tuesday following the date of the filing of the petition with him, but such special election shal…

40:80-3. Ballot; number, form and content The municipal clerk shall provide double the number of ballots as there were voters registered for the last preceding general election in such municipality, to be printed upon plain, substantial white paper, in substantially the following…

40:80-4. Place of holding election The election shall be held at the usual place or places for holding the general election, if the same is practicable. If not practicable, the municipal clerk shall provide a suitable voting place in each election district in such municipality.

40:80-5. Election agents; designated by petition Two agents for each election district may be designated by a petition signed by legal voters of the municipality equal in number to at least three per centum (3%) of the number of persons who voted in the municipality at the last p…

40:80-6. Time polls to be open; election officers; report The polls shall remain open from seven o'clock in the forenoon until nine o'clock at night, and the election shall be conducted by the same election officers and in the manner prescribed by the laws regulating elections, a…

40:80-7. Clerk to certify result The municipal clerk, within five days after the election, shall certify the results thereof to each member of the governing body of such municipality, enter the same at large in the minute books of said body and certify the same to the secretary o…

40:80-8. Vote required for adoption If it appears that both the majority of the votes cast are for the adoption of this subtitle, and that the number of votes cast for the adoption of this subtitle is equal in number to at least thirty per cent of the number of persons voting in …

40:80-9. If majority against adoption no petition for two years If a majority of the votes cast are against the adoption of this subtitle no other petition for its adoption shall be filed in such municipality within two years thereafter, after which date, upon the presentation of…

40:81-1 Members; number; increase or decrease by initiative and referendum. 40:81-1. The municipal council shall consist of three, five, seven or nine members as authorized on the effective date of this 1981 amendatory act. After the effective date of this 1981 amendatory act, th…

40:81-10. Council may create and abolish boards and departments 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…

40:81-11. Appointment of municipal manager and other officers; qualifications of attorney; terms of office The municipal council shall appoint a municipal manager, an assessor, an auditor, a treasurer, a clerk, and an attorney. One person may be appointed to two or more such offi…

40:81-11.1. Appointments to water commission by municipal council In any municipality operating under the municipal manager form of government law which has established or shall establish jointly with one or more other municipalities a water commission pursuant to the provisions …

40:81-11.2. Termination of present members' term of office for failure to be appointed as provided by this act; vacancy The term of office of any present member of any such water commission representing a municipality operating under the municipal manager form of government law w…

40:81-11a. Offices of tax collector and treasurer held by same persons; residence Notwithstanding any other provisions of law to the contrary, any municipality governed by this subtitle may by ordinance provide that any person who is appointed to or holds, at the same time, both …

40:81-13. Advisory boards The municipal council may appoint advisory boards with power only to make investigations and recommendations. The members of such boards shall serve without compensation.

40:81-14. Control of funds; disbursements The municipal council, subject to the laws of this state, may prescribe rules and regulations under which the funds of the municipality shall be held and disbursed.

40:81-15. Examination of accounts The municipal council shall cause a full and complete examination of all the books and accounts of the municipality to be made by competent accountants, and shall publish the result of such examinations at intervals as prescribed by law.

40:81-16. Council to act as body; investigating committees It is the intention of this subtitle that the municipal council shall act in all matters as a body, and it is against the spirit of this subtitle for any of its members to seek to influence the official acts of the munici…

40:81-17. Certain persons ineligible for appointments No member of the municipal council who shall have been recalled as hereinafter provided, or who shall have resigned from office while recall proceedings were pending against him, shall be appointed to any office in the municip…

40:81-19. Regular and special meetings; open to public; minutes The municipal council shall designate the time of holding regular meetings, which shall be at least twice a month, and special meetings may be called at any time by the mayor, by the municipal manager, by two members…

40:81-20. Quorum; procedure at meetings A majority of all the members of the municipal council shall constitute a quorum and the affirmative vote of a majority of all the members shall be necessary to take any action or pass any measure, except as otherwise provided by law. Every…

40:81-21. Emergency ordinances No ordinance passed by the municipal council shall go into effect before ten days from the time of its final passage, except when otherwise required by the general laws of the state or by the provisions of this subtitle, but an ordinance for the imm…

40:81-3. Members elected at large The members of the municipal council shall be elected at large in the municipality by the voters at municipal elections held therein at the time and in the manner hereinafter prescribed.

40:81-4. Members of first council; election and terms The members of the first municipal council shall be elected at the municipal election held on the fourth Tuesday after the adoption of this subtitle and shall serve as members of the council from twelve o'clock noon of the fou…

40:81-5 Time of annual election; terms. 40:81-5. Except as otherwise provided by referendum of the voters, on the second Tuesday of May of the fourth year following such first election and on the second Tuesday of May of every fourth year thereafter, there shall be elected the nu…

40:81-5.1 Staggered terms for municipal council members under municipal manager form of government. 4. Where the members of the municipal council in any municipality adopting the municipal manager form of government have 4-year terms of office pursuant to R.S. 40:81-5, the legal …

40:81-6. Councilmen; removal from office A member of the municipal council after having been in office for at least 2 years may be removed from office by a recall petition prepared and approved by the voters of the municipality in the manner hereinafter provided for recall proced…

40:81-7. Organization; mayor chosen Four weeks after their election in the case of the first municipal council elected, and on July 1 following all subsequent municipal elections, the members-elect of the municipal council shall assemble at the usual place of meeting of the gover…

40:81-8. Mayor; powers and duties The mayor shall preside at all meetings of the municipal council and shall have a voice and vote in its proceedings, but shall not have the power of veto. He shall fill vacancies occurring in the trustees of the public library for such terms of o…

40:81-9. Council to be governing body The municipal council shall be the governing body of the municipality and except as herein otherwise provided, shall have and possess all administrative, judicial and legislative powers and duties now had, possessed and exercised by the gover…

40:82-1. Municipal manager; appointment; salary The municipal council shall as soon as possible after its organization appoint, by a vote of a majority of all its members, a municipal manager at such salary and under such conditions as the municipal council by a majority vote may…

40:82-2. Qualifications The municipal manager shall be a person, other than a member of the municipal council, fully qualified to exercise the powers and perform the duties hereinafter set forth. He need not be a resident of the municipality at the time of his appointment but sha…

40:82-3. Term of office; removal a. The municipal manager shall hold office as long as he shall perform the duties of his office to the satisfaction of the municipal council. During the first 3 consecutive calendar years of his employment he may be removed for or without cause an…

40:82-4. Duties of municipal manager The municipal manager shall: a. Be the chief executive and administrative official of the municipality; b. Compile and submit to the municipal council the tentative annual budget which, in municipalities that operate on a calendar fiscal year,…