Title 40A, Title 40A: MUNICIPALITIES AND COUNTIES

40A:7-8. Failure to make report; application to Superior Court; commission appointed; report and compensation If the report is not made and filed within the time fixed in N.J.S. 40A:7-6, the county to which the territory is annexed shall forthwith apply to the Superior Court assi…

40A:7-9. Continuation of officers All county officers living in the territory annexed to another county shall continue in office until the expiration of their respective terms, and all constables resident within the annexed territory shall continue to hold their offices until the…

40A:9-1.1. Director of safety; appointment of non-resident; ordinance Notwithstanding the provisions of N.J.S. 40A:9-1 or any other law to the contrary, the governing body of any municipality may, by ordinance, appoint to the office of director of public safety a nonresident of s…

40A:9-1.10. Preemption of order of court or of state or federal agency to eliminate discrimination Any requirements concerning eligibility, appointment or promotion contained in any ordinance or resolution adopted pursuant to this act shall be subject to any order issued by any c…

40A:9-1.11. Definitions As used in this act: a. "Candidate" means any person who shall file, or cause to have filed, a petition of nomination for election, or for election, to any local elective office; b. "Local elective office" means any office of a local unit regularly filled …

40A:9-1.12. Local elective office; residency requirement; vacancy upon cessation of residency No person shall be a candidate for, nor hold, any local elective office unless he is a resident of the local unit to which the office pertains. If any person nominated for, or holding, a…

40A:9-1.13. Eligibility for candidacy or appointment to local elective office Except as provided in section 9 of this act, no person shall, on or after the effective date of this act, be eligible to become a candidate for any local elective office, or to be appointed to any local…

40A:9-1.14. Inapplicability of s. 40A:9-1.13 to special municipal charters Nothing contained in section 3 of this act shall affect the provisions of any special municipal charter heretofore provided by the Legislature and adopted by the voters pursuant to Article IV, Section VII,…

40A:9-1.15 Residency requirement waiver. 1. Any municipal ordinance which requires that employees of a municipal water works be municipal residents shall include a provision which permits the municipality to hire a non-resident if the municipality is unable to hire a qualified re…

40A:9-1.16 Hiring preferences for veterans. 1. In addition to the veteran's preferences provided for in N.J.S.40A:14-122.6 and N.J.S.40A:14-129, a county or municipality wherein Title 11 (Civil Service) of the Revised Statutes is not in operation, may adopt a resolution or ordina…

40A:9-1.2. Municipal treasurer; appointment of nonresident; ordinance Notwithstanding the provisions of N.J.S. 40A:9-1 or any other law to the contrary, the governing body of any municipality may, by ordinance, appoint to the office of municipal treasurer a nonresident of said mu…

40A:9-1.3. Bona fide residents of local unit; officers and employees; resolution or ordinance Unless otherwise provided by law, the governing body of any local unit may by resolution or ordinance, as appropriate, require, subject to the provisions of this act, all officers and em…

40A:9-1.4. Eligibility of applicants in local units subject to civil service Any local unit having adopted the provisions of Title 11 (Civil Service) of the Revised Statutes, which has also adopted the provisions of section 1 of this act by ordinance or resolution, as appropriate…

40A:9-1.5. Nonresident appointees to become bona fide residents; failure to maintain; grounds for removal or discharge The governing body of a local unit which has adopted a resolution or ordinance, as the case may be, pursuant to section 1 of this act shall require therein that …

40A:9-1.6. Unavailability of qualified residents for available specific positions or employments; appointment of other qualified applicants; preference schedule; conditions of employment; notice to and classification by civil service commission Any local unit which has adopted an…

40A:9-1.7. Specific positions and employments requiring special talents or skills; filling without reference to residency Any local unit adopting the provisions of section 1 of this act shall provide in the adopting ordinance or resolution, as the case may be, that whenever the g…

40A:9-1.8. Preference in promotion Any local unit which has adopted a resolution or ordinance, as the case may be, pursuant to section 1 of this act shall give preference in promotion to officers and employees who are bona fide residents of the local unit. When promotions are bas…

40A:9-1.9. Application of act on and after effective date The provisions of this act shall apply to all residency requirements adopted on and after the effective date of this act. Nothing herein shall be construed as to alter, abrogate, repeal or otherwise affect any residency re…

40A:9-10. Compensation; exceptions Except as otherwise provided by law, the board of chosen freeholders of the county or the governing body of the municipality shall fix the amount of salary, wages or other compensation to be paid to county and municipal officers and employees un…

40A:9-10.1. Contracts for lesser salaries, wages or compensation The board of chosen freeholders of any county or the governing body of any municipality may enter into a contract with any officer or employee of the county or municipality, as the case may be, to perform the duties…

40A:9-10.2 Payment for accumulated sick leave by political subdivision, noncivil service. 43. Notwithstanding any law, rule or regulation to the contrary, a political subdivision of the State, or an agency, authority or instrumentality thereof, that has not adopted the provisions…

40A:9-10.3 Use of accumulated vacation leave by political subdivision, noncivil service. 45. Notwithstanding any law or any rule or regulation to the contrary, an officer or employee of a political subdivision of the State, or an agency, authority, or instrumentality of a subdivi…

40A:9-10.4 Cap on compensation for unused sick leave not covered by Title 11A. 2. Notwithstanding any law, rule or regulation to the contrary, a political subdivision of the State, or an agency, authority or instrumentality thereof, that has not adopted the provisions of Title 11…

40A:9-10.5 Use of accrued vacation leave by employee not covered under Title 11A. 4. Notwithstanding any law, rule or regulation to the contrary, an officer or employee of a political subdivision of the State, or an agency, authority, or instrumentality thereof, that has not adop…

40A:9-10.6 Leave of absence for employee of political subdivision for purpose of donating organ, bone marrow. 3. An employee holding any office, position, or employment in a political subdivision of the State, or an agency, authority or instrumentality thereof, that has not adopt…

40A:9-100. Effective date of commission and expiration of term of office The commission of every newly-elected sheriff shall bear date and take effect on January 1, next succeeding his election, or if such date falls upon a Sunday, then on the following day, and the term of his o…

40A:9-101. Failure of sheriff elect to qualify; effect When any newly elected sheriff shall fail to qualify by giving the required bond and taking and subscribing his oath of office within 30 days following his election or within the time fixed by the court as herein provided, hi…

40A:9-102. Vacancy in office, other than by expiration of term When a vacancy shall occur in the office of sheriff of any county, other than by expiration of term, the Governor shall fill such vacancy with the advice and consent of the Senate by appointment of a member of the sam…

40A:9-103. Bond and oath of appointee to fill vacancy Every person appointed by the Governor to fill a vacancy in the office of sheriff, before proceeding to execute his office, shall give the bond and take and subscribe the oath in the manner and form prescribed for a sheriff el…

40A:9-104 Salary of sheriff. 40A:9-104. The board of chosen freeholders in each county, by resolution, shall fix the annual salary of the sheriff in an amount equal to not less than sixty-five percent (65%) of the annual salary of a Judge of the Superior Court. Nothing in this se…

40A:9-105. Expenses payable to sheriffs The sheriffs shall be entitled to receive in addition to the salaries provided by law, their actual expenses incurred by them personally in performing their duties such as transportation, telephone, telegraph and postal charges, to be paid …

40A:9-106. Uncollected fees credited to account of former sheriff All uncollected fees due for services rendered or expenses incurred by a deceased, disabled or disqualified sheriff shall be taxed and collected by the acting sheriff, or the newly appointed or elected sheriff and …

40A:9-107. Sheriff to deliver to his successor moneys and papers When any person shall cease to hold the office of sheriff he shall deliver to his successor all processes, orders, mandates and papers of every kind remaining in his hands unexecuted or unreturned or otherwise outst…

40A:9-108 Sheriff not to hold other civil office; exceptions 40A:9-108. No person shall hold any other civil office during the time he holds and exercises the office of sheriff and by acceptance of the latter office his former office shall be deemed vacated, provided, however, th…

40A:9-109. Amercement of sheriff, acting sheriff If a sheriff or acting sheriff fails to perform any duty imposed upon him by law in respect to writs of execution resulting in loss or damage to the judgment creditor, he shall be subject to amercement in the amount of such loss an…

40A:9-11. Vacancy due to change to nonresident status or upon resignation; filling; municipal offices open to nonresidents Whenever a county or municipal officer, who is required to be a resident shall cease to be a bona fide resident of the county or municipality, as the case ma…

40A:9-110. Amercement; court to designate enforcement officer When an amercement or judgment or order in the nature of an amercement has been obtained against a sheriff or acting sheriff the court shall designate the officer to enforce such amercement. L.1971, c. 200, s. 1, eff. …

40A:9-111. Bonds taken by sheriffs 40A:9-111. All bonds required by law to be taken by the sheriff shall be recorded in the office of the county clerk in a book to be provided for that purpose, and upon being so recorded, shall have the force and effect of a recognizance. A copy …

40A:9-113. Acting sheriff or newly appointed or elected sheriff to execute uncompleted writs and processes All writs and processes remaining unexecuted which were in the hands of a sheriff at the time of his death, disability or disqualification, shall be executed or the executio…

40A:9-114. Exercise of office pending new appointment or election In any case of vacancy in the office of sheriff, the undersheriff, or if there be more than one undersheriff, the undersheriff who shall have been designated as acting sheriff shall act as sheriff and perform the d…

40A:9-115. Undersheriffs; appointments; oaths 40A:9-115. The appointment of an undersheriff shall be by writing under the hand and seal of the sheriff. Every undersheriff, before he assumes his office, shall take and subscribe before a judge of the Superior Court, an oath that he…

40A:9-116. Limitations on number of undersheriffs Except as hereinafter provided, in all counties the sheriff may appoint not more than three undersheriffs. In counties in which the sheriff assumes the custody, keeping and charge of the county jail or jails and all prisoners ther…

40A:9-117. Undersheriffs, chief clerks and other personnel; compensation The sheriff shall select and employ the necessary deputies, chief clerks and other personnel. The sheriff shall fix the compensation they shall receive in accordance with the generally accepted county salary…

40A:9-117.1. Retirement upon pension; certain sheriff's secretaries The board of chosen freeholders of any county is authorized by resolution to retire upon a pension in amount of not in excess of 1/4 of salary payable in the last year of employment a sheriff's secretary, 62 or m…

40A:9-117.10. Duties, benefits and powers; compensation Sheriff's officers appointed under the provisions of this act shall have the duties, benefits and powers conferred by law on sheriff's officers, and their compensation shall be as fixed by the sheriff in accordance with the …

40A:9-117.11. Decrease of compensation on appointment; prohibition Nothing in this act shall permit the decrease of compensation paid to persons employed as of the effective date of the act, who shall receive appointments as sheriff's officers pursuant to this act. L.1982, c. 133…