reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:81-9 - Council to be governing body

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 governing body of such municipality and all other executive or legislative bodies in such municipality, and shall have complete control and supervision over the affairs of the municipality to be exercised in the manner herein prescribed.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:81-10 - Council may create and abolish boards and departments

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 deem necessary for the proper and efficient conduct of the affairs of the municipality by law. Any department, board or office so created may at any time be abolished by the municipal council.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:81-11 - Appointment of municipal manager and other officers; qualifications of attorney; terms of office

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 offices, except that the offices of municipal manager and auditor or assessor shall not be held by the same person. In municipalities containing more than 10,000 inhabitants the municipal attorney must have been admitted in the State of New Jersey to practice as an attorney-at-law for a period of 5 years or more. All such officers appointed by the council shall hold office during the pleasure of the council, except the clerk and the assessor, who serve for terms as provided in chapter 9 of Title 40A of the New Jersey Statutes.
Amended by L. 1942, c. 254, p. 695, s. 1; L. 1953, c. 378, p. 1969, s. 1; L. 1957, c. 190, p. 689, s. 1, eff. Dec. 2, 1957; L.1980, c. 147, s. 7, eff. Nov. 22, 1980; L.1981, c. 393, s. 7, eff. Jan. 6, 1982; L.1981, c. 394, s. 6, eff. Jan. 6, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:81-11a - Offices of tax collector and treasurer held by same persons; residence

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 the office of tax collector and the office of treasurer in any such municipality need not reside within the said municipality in order to hold such offices. Such offices shall not be deemed vacated by a change of residence of any such person.
L.1973, c. 84, s. 1, eff. April 24, 1973.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:81-11.1 - Appointments to water commission by municipal council

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 of section 40:62-129 of the Revised Statutes, the municipal council shall appoint the member or members of the water commission to which the municipality is entitled.
L.1966, c. 296, s. 1, eff. Dec. 5, 1966. Amended by L.1967, c. 286, s. 9, eff. Jan. 23, 1968.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:81-11.2 - Termination of present members' term of office for failure to be appointed as provided by this act; vacancy

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 who was appointed in a manner other than as provided by this act shall immediately cease and determine and a vacancy in the membership of the water commission shall thereupon exist.
L.1966, c. 296, s. 2, eff. Dec. 5, 1966.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:81-16 - Council to act as body; investigating committees

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 municipal manager, or any other officer, or to interfere in any way with the performance by such officers of their duties. Nothing herein contained shall prevent the municipal council from appointing committees or commissioners of its own members or of citizens to conduct investigations into the conduct of any officer or department, or any matter relating to the welfare of the municipality, and delegating to such committees or commissions such powers of inquiry as the municipal council may deem necessary.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:81-17 - Certain persons ineligible for appointments

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 municipal government within two years after such recall or resignation.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:81-19 - Regular and special meetings; open to public; minutes

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 of the municipal council or by petition signed by voters equal in number to not less than two per cent of the number of persons voting in such municipality at the last preceding general election. The petition shall set forth the business to come before the meeting. All meetings of the municipal council shall be duly announced and shall be open to the public. Minutes shall be kept of every meeting by the municipal clerk as hereinafter prescribed, and any citizen may have access to the minutes upon application to the clerk.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:81-20 - Quorum; procedure at meetings

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 resolution or ordinance shall be reduced to writing and read before the vote is taken thereon, and the vote upon every motion, resolution or ordinance shall be taken by yeas and nays and entered on the minutes, and the minutes of each meeting so recorded shall be signed by a majority of all the members of the municipal council and the municipal clerk. No member shall sign minutes of a meeting at which he was not present.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:81-21 - Emergency ordinances

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 immediate preservation of the public order, peace, health or safety, or to remedy an emergency caused by fire, flood, explosion, storm, epidemic, recovery of judgment, the act of God or the public enemy, may be passed to take effect immediately without publication and at one meeting, by the vote of one more than a majority of the members of the municipal council.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:82-2 - Qualifications

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 shall become a resident thereof within 3 months after appointment and continue a resident throughout his period of service; provided, however, the municipal manager may reside outside of the municipality with the approval of the municipal council.
Amended by L.1947, c. 218, p. 879, s. 1, eff. July 4, 1947; L.1982, c. 69, s. 1, eff. July 13, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:82-3 - Term of office; removal

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 and after said 3-year period of employment he may be removed only for cause, after hearing, by a resolution signed by one more than a majority of all the members of the municipal council setting forth the reasons for such removal.
b. Notwithstanding the provisions of subsection a. of this section, any municipal manager appointed on or after the effective date of this act shall hold office for an indefinite term and may be removed by a majority vote of the council as hereinafter provided. To effect the removal of a municipal manager a preliminary resolution stating the reasons for its removal action shall be adopted by a majority vote of the council members. The manager may reply in writing to the resolution and may request a public hearing on the matter of his removal, which shall be held not earlier than 20 days and not later than 30 days after the filing of the request. After the public hearing, if one be requested, and after full consideration, but not later than 60 days after the adoption of the preliminary resolution of removal, the council by a majority vote of its members may adopt a final resolution of removal, and that removal shall take effect immediately. Upon the adoption of a preliminary resolution of removal, the council may suspend a manager from duty, and shall pay the manager his full salary during his suspension and, if a final resolution of removal is adopted, for the next 3 calendar months following the adoption of the preliminary resolution of removal, unless the removal is for good cause. For the purposes of this section "good cause" shall mean conviction of a crime or offense involving moral turpitude, the violation of the provisions of section 40:83-2, 40:83-3 or 40:83-4 of the Revised Statutes, or the violation of any code of ethics in effect within the municipality.
Amended by L.1948, c. 202, p. 1001, s. 1, eff. July 2, 1948; L.1981, c. 466, s. 1, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:82-4 - Duties of municipal manager

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;
c. Execute all laws and ordinances of the municipality;
d. Appoint and remove all department heads and all other officers, subordinates, and assistants for whose selection or removal no other method is provided in this subtitle, supervise and control his appointees, and report all appointments or removals at the next meeting thereafter of the municipal council;
e. Negotiate contracts for the municipality subject to the approval of the municipal council, make recommendations concerning the nature and location of municipal improvements, and execute municipal improvements as determined by the municipal council;
f. See that all terms and conditions imposed in favor of the municipality or its inhabitants in any statute, public utility franchise or other contract are faithfully kept and performed, and upon knowledge of any violation call the same to the attention of the municipal council;
g. Attend all meetings of the municipal council with the right to take part in the discussions, but without the right to vote;
h. Recommend to the municipal council for adoption such measures as he may deem necessary or expedient, and make reports to the council as requested by it, and at least once a year make an annual report of his work for the benefit of the council and the public;
i. Investigate at any time the affairs of any officer or department of the municipality;
j. Perform such other duties as may be required of the municipal manager by ordinance or resolution of the municipal council.
The municipal manager shall in all matters act under the direction and supervision and subject to the approval of the municipal council.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:82-5 - Power of appointment

40:82-5. Power of appointment
In any act or ordinance a provision conferring the power of appointment or other power upon the mayor or other executive head of the municipality shall be construed as meaning the municipal manager in a municipality governed under this subtitle, and the appointments or the power exercised by the municipal manager in accordance with such provision shall be classified and given the same force and effect as if executed by the official named therein, except that members of the board of education and of the trustees of the public library, whenever required to be appointed by any such provision by any board or official of the municipality, shall be appointed under this subtitle by the mayor.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:83-2 - No officer or employee to be interested in contracts

40:83-2. 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 performed for the municipality, and no such officer or employee 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 performed, for any person operating any interurban railway, street railway, gas works, waterworks, electric light or power plant, heating plant, telegraph line, telephone exchange, or other public utility within the territorial limits of such municipality.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:83-3 - No officer or employee to receive free service; exceptions

40:83-3. No officer or employee to receive free service; exceptions
No 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, waterworks, electric light or power plant, heating plant, telegraph line, telephone exchange or other business using or operating under a public franchise, any frank, free pass, free ticket or free service, or accept or receive, directly or indirectly, from any person, any other service upon terms more favorable than is granted to the public generally, except that such prohibition of free transportation shall not apply to policemen or firemen in uniform. Nor shall any free service to the municipal officials heretofore provided by any franchise or ordinance be affected by this section.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:83-4 - Unlawful methods for securing political support

40:83-4. Unlawful methods for securing political support
No candidate for office, appointment or employment, and no officer, appointee, or employee in any such municipality shall directly or indirectly give or promise any person any office, position, employment, benefit or anything of value for the purpose of influencing or obtaining the political support, aid or vote of any person, under the penalty of being disqualified to hold the office or employment to which he may be or may have been elected or appointed.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:83-6 - Tenure of veterans in office of city engineer

40:83-6. Tenure of veterans in office of city engineer
1. Any person being an honorably discharged soldier, sailor or marine, who served in the Army, Navy or Marine Corps of the United States in any war of the United States, or an honorably discharged member of the American Merchant Marine who served during World War II and is declared by the United States Department of Defense to be eligible for federal veterans' benefits, and holding the office, position or employment of city engineer in any city governed under the municipal manager form of government law, who heretofore has held, hereafter shall hold or heretofore and hereafter shall have held said office, position or employment continuously for a period of 15 years from the date of his original appointment as city engineer of such municipality under an indefinite term or under fixed terms or under both indefinite and fixed terms, while said city was governed under said law or under any other law or both, shall hold his said office, position or employment during good behavior and efficiency and shall not be removed therefrom except for good cause and then only upon a sworn complaint, specifying the cause, filed with the city manager of said municipality and after a public, fair and impartial hearing before said city manager.
L.1943,c.190,s.1; amended 1991,c.389,s.24.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:83-7 - Complaint for removal; hearing

40:83-7. Complaint for removal; hearing
Upon the filing of such complaint, a certified copy thereof shall be served upon such person at least five days before the hearing and at such hearing such person shall have the right to be represented by counsel, to produce and have process to compel the attendance of witnesses on his own behalf and to cross-examine the witnesses produced against him, and said city manager shall have power to issue writs of subpoena to compel the attendance of witnesses at said hearing.
L.1943, c. 190, p. 531, s. 2.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:84-2 - First election; when held.

40:84-2 First election; when held.
40:84-2. The first municipal election for councilmen shall be held on the fourth Tuesday after the adoption of this subtitle and thereafter an election shall be held on the second Tuesday in May or on the day of the general election in November if chosen by the municipality pursuant to subsection a. of section 1 of P.L.2009, c.196 (C.40:45-7.1) in the fourth succeeding year and in each fourth year thereafter. Elections shall be conducted pursuant to the "Uniform Nonpartisan Elections Law," P.L.1981, c.381 (C. 40:45-5 et seq.).
Amended 1981, c.379, s.25; 2009, c.196, s.13.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:84-2.1 - Adoption of other form of government by municipality with manager form of government

40:84-2.1. Adoption of other form of government by municipality with manager form of government
Whenever in any municipality governed under "The Municipal Manager Form of Government Law" the qualified voters of the municipality have, or shall have, adopted another form of government, pursuant to the provisions of the "Optional Municipal Charter Law" (P.L.1950, c. 210, C. 40:69A-1 et seq.), which other form of government will not become effective until January 1 following the date fixed by law for the next election for councilmen in such municipality, no such election for councilmen shall be held in such municipality, but the councilmen in office at the time fixed for the holding of such election shall continue in office, and all subordinate boards, departments, bodies, offices, positions and employments shall likewise continue in effect and the incumbents thereof shall continue to hold the same, until 12 noon on said January 1, with the same effect and subject to the same restrictions as though the terms of office of said councilmen had extended to and terminated at said time on said January 1.
L.1974, c. 7, s. 1, eff. Feb. 22, 1974.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:84-6.1 - Order of names of candidates on ballot; draw of lots to determine

40:84-6.1. Order of names of candidates on ballot; draw of lots to determine
The municipal clerk shall draw lots to determine the order in which the names of the candidates shall appear upon the ballots. The name of the person first drawn shall occupy first place on the ballot, or voting machine and the name of the person next drawn shall occupy second place, and so forth. The manner of drawing by lot shall be as follows: Paper cards with the name of each candidate written thereon shall be placed in a covered box with an aperture in the top large enough to allow the cards to be drawn therefrom. The municipal clerk in the presence of any candidate shall draw from the box each card without knowledge on his part as to which card he is drawing. The municipal clerk shall at least 2 days prior to the drawing notify each candidate by registered mail of the time and place of the drawing. The candidate or his representative shall have the right to examine the cards prior to their being placed in the covered box.
L.1981, c. 58, s. 2, eff. March 3, 1981.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:84-9 - Councilmen may be elected for terms of three years in certain cases

40:84-9. Councilmen may be elected for terms of three years in certain cases
Whenever in any municipality in which the terms of office of the members of the municipal council by whatsoever name the council and its members may be known, expire in successive years, proceedings are instituted for the adoption pursuant to this subtitle of the municipal manager form of government, the request or petition filed pursuant to section 40:80-1 of this title may state in words or substance that it is the desire of the petitioners, in case said form of government is adopted, that the terms of office of the members of the municipal council shall be three years each. If the election held pursuant to such a petition shall result in the adoption of the municipal manager form of government then the terms of the members of the first municipal council elected as provided in section 40:81-4 of this title shall be as follows: If the municipal council is to consist of three members one of the first members shall be elected for one year, one for two years and one for three years. If the municipal council is to consist of five members two of the first members shall be elected for one year, two for two years and one for three years. If the municipal council is to consist of seven members three of the first members shall be elected for one year, two for two years and two for three years. If the municipal council is to consist of nine members three of the first members shall be elected for one year, three for two years and three for three years.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:84-10 - Terms of councilmen first elected

40:84-10. Terms of councilmen first elected
The number of votes received by each candidate elected in such first election shall determine the length of his term, the successful candidate or candidates receiving the lowest number of votes being elected for one year only, the next highest candidate or candidates for two years only, and the candidate or candidates receiving the highest number of votes for the three-year period. In case of a tie among the successful candidates rendering it impossible to determine their respective terms of office as herein provided the question shall be determined by lot as between the candidates so affected at the first meeting of the new council.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:84-11 - Elections; when held; term of office.

40:84-11 Elections; when held; term of office.
40:84-11. In cases provided for in this article the municipal election to be held in accordance with the "Uniform Nonpartisan Elections Law," P.L. 1981, c.379 (C. 40:45-5 et seq.) shall be held on the second Tuesday in May or on the day of the general election in November if chosen by the municipality pursuant to subsection a. of section 1 of P.L.2009, c.196 (C.40:45-7.1) in each year, and the number of persons to be elected at municipal elections shall be equal to the number of vacancies which are then to be filled, and the terms of office of the persons so elected shall be 3 years and until their successors are elected and qualified.
Amended 1975, c.213, s.26; 1979, c.83, s.2; 1981, c.379, s.26; 2009, c.196, s.14.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:84-12 - Recall of councilmen; petition

40:84-12. Recall of councilmen; petition
The procedure to effect the removal of councilmen in addition to other methods provided by law shall be as follows: A petition signed by voters entitled to vote for a successor to the incumbent sought to be removed, equal in number to at least twenty per cent of the number of persons who voted in such municipality at the last preceding general election, demanding the removal of and the election of a successor to the councilman named in the petition, shall be filed with the municipal clerk. The petition shall contain a general statement of the grounds upon which the removal is sought. The signatures to the petition need not all be appended to one paper but each signer shall add to his signature his place of residence giving the street and number, if there be such. One of the signers to each such paper shall take an oath before an officer competent to administer oaths that the statement therein made is true as he believes and that each signature to the paper appended is the genuine signature of the person whose name it purports to be. Within ten days from the date of filing the petition the municipal clerk shall complete the examination and ascertain whether or not such petition is signed by the requisite number of qualified electors, and shall attach to the petition his certificate showing the result of his examination. If by that certificate the petition is shown to be insufficient it may be amended within ten days from the date of said certificate. The municipal clerk shall, within five days after such amendment, make a similar examination and determination of the amended petition, and if the certificate shall show the same to be insufficient, it shall be returned to the person filing it without prejudice to the filing of a new petition to the same effect.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:84-13 - Notice of recall served; order for recall election

40:84-13. Notice of recall served; order for recall election
If the petition shall be sufficient the municipal clerk shall notify the councilman or councilmen whose recall is sought thereby within two days. If such notice cannot be served upon the councilman or councilmen affected, then service shall be made by leaving the same at his residence with a member of his family or attendant, and if access cannot be had to his residence, then by posting the same at the door thereof. If within five days after the service of the notice by the municipal clerk the councilman or councilmen sought to be recalled by such petition do not resign, or having tendered their resignation it shall not have been accepted by the municipal council, then the municipal clerk shall order and fix a date for holding a recall election, as herein provided. The election shall not be less than forty nor more than fifty days from the filing of the petition. Notice of the filing of the petition and of the election as fixed shall be posted for public view in the office of the municipal clerk and he shall also insert the notice forthwith in a newspaper published in the municipality, or if there be no such newspaper, then in a newspaper having general circulation in such municipality.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:84-14 - Ballot; form and content

40:84-14. Ballot; form and content
The ballots at the recall election shall conform to the requirements of this subtitle respecting the election for councilmen at the municipal election, except that for the words "municipal election" there shall be substituted the words "recall election" . The recall features of the ballot shall appear at the top thereof and shall be separated from the portion of the ballot for the election of councilmen by a heavy black line. The proposal for recall shall be placed on the ballot in the following manner:
"Shall (here insert name of councilman) be removed from the office of councilman by recall?" This matter shall occupy two lines in bold-faced type. Immediately below the above wording shall appear the phrase "for recall" , and immediately underneath such phrase the words "against recall" . Immediately at the left of each of these two phrases shall be printed a square, in which the voter may make a cross ( x ) or plus (+) mark. Immediately below the foregoing shall appear the following:
"Indicate your vote by placing a cross ( x ) or plus (+) mark in one of the squares above."
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:84-15 - Removal of more than one councilman

40:84-15. Removal of more than one councilman
If the removal of more than one councilman is sought the same provisions for submitting to the electors the question and direction hereinbefore described shall be repeated in the case of each councilman concerned and their position on the ballot for their recall shall be in the order of the filing of the petition with the municipal clerk.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:84-16 - Ballot for election of successor of recalled councilman

40:84-16. Ballot for election of successor of recalled councilman
The same ballot used for submitting the question or questions of recall shall be used for the election of successors to the councilman or councilmen sought to be removed, and the provisions of this subtitle concerning the nomination, preparation of ballot, election, counting and canvassing of the results of such election of councilmen shall apply to the election and recall of councilman in this case. No primary election shall be held, but the names of all persons nominated by petition in the manner provided in this subtitle for nomination of candidates for election as councilmen shall be placed upon the ballot.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:84-19 - Councilmen to continue in office if recall lost

40:84-19. Councilmen to continue in office if recall lost
If the results of such recall election shall by the certificate of the municipal clerk, be shown to be against the recall of the councilman he shall continue in office as if no recall election had been held, and the vote for the election for the successor of such councilman taken at the time of such attempted recall shall be void.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:85-1 - After four years may abandon this form of government; procedure

40:85-1. After four years may abandon this form of government; procedure
Any municipality which shall have operated for more than four years under 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 municipal manager," approved March nineteenth, one thousand nine hundred and twenty-three, or under the provisions of this subtitle, or both, may at any general election abandon such organization thereunder and may resume the form of government under the law under which it was being governed when said act or this subtitle was adopted. The procedure shall be as hereinafter in this chapter provided.
Amended by L.1945, c. 2, p. 12, s. 1, eff. Jan. 23, 1945.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:85-2 - Petition for submission; proposition stated

40:85-2. Petition for submission; proposition stated
A petition in writing signed by not less than twenty per cent of the electors appearing on the registry list at the previous general election shall be filed with the municipal clerk, requesting that the governing body of such municipality request the county clerk to place upon the general election ballot to be used in such municipality at the next general election the following question:
"Shall the municipality (name of municipality) abandon its organization under the municipal manager form of government under subtitle 5 of the title Municipalities and Counties of the Revised Statutes (s. 40:79-1 et seq.), and resume the form of government under the law under which it was being governed when the municipal manager form of government was adopted?"
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:85-3 - Petition; form and content

40:85-3. Petition; form and content
The petition shall be in substantially the following form:
"To the municipal clerk of (name of municipality):
"You are hereby requested to lay before the municipal council of the municipality of (name of municipality) forthwith the demand of the undersigned to request the county clerk to place upon the general ballot to be used at the next general election to be held in said municipality, the following public question:
" 'Shall the municipality (name of municipality) abandon its organization under the municipal manager form of government under subtitle 5 of the title Municipalities and Counties of the Revised Statutes (s. 40:79-1 et seq.), and resume the form of government under the law under which it was being governed when the municipal manager form of government was adopted?' "
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:85-4 - Petition; affidavit annexed

40:85-4. Petition; affidavit annexed
The petition shall have annexed thereto the following form of affidavit:
State of New Jersey, ) ss.
County of ............ )
...................... , being duly sworn, according to law, upon his oath says that he is the person who procured the signatures on the foregoing petition; that the signatures therein are in the handwriting of the signers, and to the best of his knowledge and belief are the signatures of the persons purporting to sign the same."
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:85-5 - Petition need not be on single paper; affidavit annexed

40:85-5. Petition need not be on single paper; affidavit annexed
The petition need not be on a single sheet of paper but may be on any number of separate sheets of paper, for the purpose of more conveniently obtaining signatures. Each separate paper shall be in the form provided in section 40:85-3 of this title, and there shall be attached thereto an affidavit by the person who procured the signatures, declaring that the signatures thereon are in the handwriting of the signers, and to the best of his knowledge and belief are the signatures of the persons purporting to have signed the same. The affidavit may be sworn to before any officer competent to administer oaths.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:85-6 - Minor deviations permissible

40:85-6. Minor deviations permissible
No petition shall be rejected by the municipal clerk for any typographical deviation of the form provided herein or for any minor departure therefrom, but such petition shall be accepted if it substantially conforms to the form provided herein, the form being for the guidance of the parties.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:85-7 - Clerk to examine petitions; amendments

40:85-7. Clerk to examine petitions; amendments
The municipal clerk shall examine the petition and within ten days of the date of its being filed with him, shall certify the same to the municipal council if the same is complete and regular, and if the same is not complete and regular, the same may be amended in any respect to cure the defects.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:85-8 - Municipal council to pass resolution to place question on ballot

40:85-8. Municipal council to pass resolution to place question on ballot
The municipal council, upon receiving the petition shall, within five days, pass a resolution and forward it to the county clerk, requesting that the question be placed upon the general election ballot, as required by law, for submission of a public question.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:85-10 - Vote required for adoption; effect of adoption; certain officers unaffected

40:85-10. Vote required for adoption; effect of adoption; certain officers unaffected
If the majority of the votes cast shall be in favor of the question, then the same shall be certified to by the county election officials as provided under the general election law, the municipal manager form of government shall be abolished in such municipality and the same to take effect on January first in the second year after the general election at which the question of abandoning the municipal manager form of government shall be adopted, and January first of the second year after said general election the terms of offices of all officials under the municipal manager form of government, whether elective or appointive, shall cease and determine, and such municipality shall become a municipality under the law under which it was governed prior to the adoption of the municipal manager form of government, but such change shall not in any manner or degree affect the property, right or liability of any nature of such municipality, but shall merely extend to such change in the form of government. Nothing herein contained shall be construed to affect in any way the term of office of any policeman, fireman or other employee of any police or fire department, veteran of any war, or other official or employee now protected by any tenure of office act.
If the municipality is operating under the provisions of subtitle 3 of the title Civil Service (s. 11:19-1 et seq.), at the time of the abandonment of the municipal manager form of government therein, nothing herein contained relative to the termination of his term or to his dismissal or discharge shall apply to any person holding any position or office coming within the classified service of the civil service law.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:85-11 - Nomination, election of officers for new government.

40:85-11 Nomination, election of officers for new government.
40:85-11. At the primary election for the general election held in such municipality after the general election at which such question shall be adopted, the electors of such municipality shall nominate officials for the new form of government to take effect in the following January, and at the general election one year after the general election at which such question shall have been adopted, the electors of such municipality shall elect the officials under the form of government which shall take effect the following January.
Amended 2005, c.136, s.66.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:85-12 - If rejected no petition for two years

40:85-12. If rejected no petition for two years
If a majority of the votes cast at the election are against resuming the former government as provided in section 40:85-1 of this title no other petition for a change from the form of government then in force shall be filed in the municipality within two years thereafter, after which date, upon the presentation of another petition or request as provided in this chapter, the same procedure shall be had and the question of resuming the former form of government may be submitted to vote in the manner prescribed in this chapter.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:103-5(71) - Incorporation; corporate name

40:103-5(71). Incorporation; corporate name
Any city of the State that has adopted the provisions of this act prior to the effective date of this act shall thereby be and become a body corporate, and shall have the officers, government and powers that are herein provided for or conferred and by all applicable provisions of general law.
Upon the adoption of this act the name of the city adopting its provisions shall be, and it shall thereafter be known as "The City of ........" (Inserting in the said blank the territorial name by which said city has been theretofore designated or known, not including in said name such words as the mayor and city council or other like words.)
L. 1963, c.149; saved from repeal 1979,c.20,s. 2. amended by L. 1987,c.314, s. 2.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:103-5(97) - Establishment, abolition, merger of commissions

40:103-5(97). Establishment, abolition, merger of commissions
a. The city council by resolution may, and upon the filing with the city clerk of a written petition signed by 100 residents of the city registered to vote in the last preceding general election requesting said action, shall place on the ballot for the next general election a proposition for the establishment, merger, consolidation or abolition of a board of police commissioners, board of fire commissioners or board of water commissioners, except that if no general election is to be held within 90 days of such resolution, the council may provide for a special election to consider such a proposition. Each proposition shall relate to only one such board; provided, however, that more than one proposition may appear on the same ballot. The proposition shall be publicized and advertised and any such special election shall be conducted in the manner hereinafter provided in this act.
The proposition shall be presented in the following general form:
"Shall there be established a Board of
Yes. Water Commissioners (or as the case may be,
fire commissioners or police commissioners) in
No. lieu of regulation, supervision and operation
of the water department under the direction
of the Mayor and City Council?
"Shall the Board of Water Commissioners (or as
the case may be, the fire commissioners or
Yes. police commissioners) be abolished (or merged or
consolidated, as the case may be) and the
No. department be regulated, supervised and
operated by direction of the Mayor and City
Council (or otherwise, as the case may be)?"
If at an election held as herein above provided the voters by a majority of those of the legal voters of the city who vote on the proposition, assent to the establishment, merger, consolidation or abolition as the case may be of any board, an ordinance effectuating the expressed desire of the voters shall be adopted within 60 days from the date thereof.
b. Notwithstanding the provisions of subsection a. of this section, the city council may, by ordinance, abolish any of the boards created herein. Upon the adoption of an ordinance abolishing any of the boards created herein, all of the assets and liabilities of the board shall become the assets and liabilities of the municipality. The municipality may, however, create such advisory councils for its police, fire and water functions as it may deem necessary.
L. 1963,c.149; saved from repeal 1979,c.20,s. 2.; amended by L. amended 1987,c.314,s. 3.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:109-3 - Referendum act; mayor and council; boards and officers; public utility plants and improvements; ordinances and finance

40:109-3. Referendum act; mayor and council; boards and officers; public utility plants and improvements; ordinances and finance
L.1899, c. 52, p. 96 (C.S. pp. 1336 to 1367, s.s. 2565 to 2653), entitled "An act relating to and providing for the government of cities of this state containing a population of less than twelve thousand inhabitants," approved March twenty-first, one thousand eight hundred and ninety-nine, saved from repeal, together with amendments and supplements approved on the following dates:
March 13, 1900 (L.1900, c. 25, p. 42; C.S. p. 1355, s. 2623).
March 23, 1900 (L.1900, c. 168, p. 410; C.S. p. 1344, s. 2583).
March 20, 1901 (L.1901, c. 65, p. 136; C.S. p. 1337, s. 2573).
March 22, 1901 (L.1901, c. 118, p. 259; C.S. p. 1363, s. 2645).
April 8, 1902 (L.1902, c. 197, p. 632; C.S. p. 1367, s. 2654).
April 28, 1905 (L.1905, c. 199, p. 363; C.S. pp. 1344, 1362, 1363, s.s. 2585, 2643 to 2645).
May 2, 1911 (L.1911, c. 352, p. 735; 1924 Suppl. s.s. 38-2623 to 38-2625).
March 25, 1912 (L.1912, c. 153, p. 221; 1924 Suppl. s. 38-2582a).
March 31, 1913 (L.1913, c. 164, p. 269; 1924 Suppl. s.s. 38-2607a to 38-2607k).
July 2, 1929 (L.1929, c. 355, p. 790).
June 15, 1935 (L.1935, c. 275, p. 883).
[This act, together with its amendments and supplements, applies to all cities of less than twelve thousand inhabitants, and provides for the government of those which adopt it. It provides the method of adoption in such cities and also provides for its adoption in territory which is not all under the jurisdiction of one city. The mayor holds office for two years, except in cities located in certain counties, where, by virtue of a 1929 amendment, the term is four years. (See note.) Each city governed by this act is divided into two or more wards. Where there are only two wards, three councilmen are elected from each ward, and where there are more than two wards only one councilman is elected from each ward. Certain other elective officers are provided for and all other officers are appointed by the council. The council is empowered to pass certain ordinances and fix penalties for their violation. A police court is established to try these and other matters. There is a board of assessment of taxes, a board of education to govern the school district which is coextensive and coterminous with the boundaries of the city, and a board of commissioners of assessment for improvements. The city council is empowered to purchase or condemn public utility plants, make improvements, condemn lands, and assess for benefits. All matters relating to taxation, water rents and other financial matters are provided for and regulated by this act.]