reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-117.1 - Small municipality plan; members of council; election at regular municipal or general election

40:69A-117.1. Small municipality plan; members of council; election at regular municipal or general election
Any municipality adopting a small municipality plan of government shall provide in its charter that the council members shall be elected by the voters of the municipality either:
a. At a regular municipal election held on the second Tuesday in May in the years in which municipal officers are to be elected, in which case the term of office of the council members shall begin on July 1 next following their election; or
b. At the general election held on the first Tuesday after the first Monday in November or at such other time as may be provided by law for holding general elections, in which case the term of office of the council members shall begin on January 1 next following their election.
L.1981, c. 465, s. 32, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-117.2 - First members of council; terms of office

40:69A-117.2. First members of council; terms of office
Any municipality adopting a small municipality 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 of the plan shall serve for the following terms: if the municipal council is to consist of three members, one shall serve for one year, one for two years and one for three years; if the municipal council is to consist of five members, two shall serve for one year, two for two years and one for three years; or if the municipal council is to consist of seven members, three shall serve for a term of one year, two for a term of two years and two for a term of three years. The length of the respective term of each member of the first council shall be determined by lot at the organization of the council immediately following their election; except that if, pursuant to the charter, the mayor is elected directly by the voters, the mayor shall, for the purposes of this section, be counted among those first council members to serve a four year term.
L.1981, c.465, s.33; amended 1989, c.221, s.9.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-117.3 - Mayor; election by council or by voters; charter provision

40:69A-117.3. Mayor; election by council or by voters; charter provision
Any municipality adopting a small municipality 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 January, as appropriate, following their election, the members-elect of the municipal council shall assemble at the usual place of meeting of the governing body of the municipality and organize and elect one of their number as mayor; that the mayor shall be chosen by ballot by majority vote of members of the municipal council; that if the members shall be unable, within five ballots to be taken within 2 days of the organization meeting, to elect a mayor, then the member who in the election for members of the municipal council received the greatest number of votes shall be mayor; and that should that person decline to accept the office, then the person receiving the next highest vote shall be the mayor, and so on, until the office is filled; or
b. That the mayor shall be elected directly by the voters of the municipality at the regular municipal election, or general election, as the charter shall provide; that at the first election following the adoption of the charter, and each appropriate subsequent election, one position of council member to be elected at large shall be designated and voted for under the title of mayor, and candidates for the position shall be clearly designated as candidates for mayor in their respective nominating petitions; and that the candidate for mayor receiving the greatest number of votes shall be elected and shall serve for a term of 4 years.
L.1981, c. 465, s. 34, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-120 - Legislative power; quorum; mayor's duties; president of council

40:69A-120. Legislative power; quorum; mayor's duties; president of council
The legislative power of the municipality shall be exercised by the council, except as may be otherwise provided by general law. The mayor shall participate and vote as other council members. A majority of the whole number of the governing body shall constitute a quorum for the transaction of business but a smaller number may meet and adjourn from time to time. The mayor shall preside over all meetings of the council. The council shall select from among its members a president of the council who shall serve in place of the mayor in the event of his absence, disability or refusal to act.
L.1950, c. 210, p. 496, s. 13-6, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-121 - Executive power; mayor's duties

40:69A-121. Executive power; mayor's duties
The executive power of the municipality shall be exercised by the mayor. It shall be his duty to see that all laws and ordinances in force and effect within the municipality are observed. He shall address the council and report to the residents annually, and at such other times as he may deem desirable, on the condition of the municipality and upon its problems of government.
L.1950, c. 210, p. 496, s. 13-7, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-122 - Assessor; tax collector; attorney; clerk; treasurer; other officers; appointment

40:69A-122. Assessor; tax collector; attorney; clerk; treasurer; other officers; appointment
An assessor, a tax collector, an attorney, a clerk, a treasurer and such other officers as may be provided by ordinance shall be appointed by the mayor with the advice and consent of the council. One person may be appointed to two or more such offices, except that one person shall not be the assessor and treasurer, or assessor and collector.
L.1950, c. 210, p. 496, s. 13-8, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-123 - Finance committee and other committees of council

40:69A-123. Finance committee and other committees of council
The mayor shall also appoint a finance committee of council which may consist of one or more council members, and may appoint and designate other committees of council of similar composition.
L.1950, c.210, s.13-9; amended 1989,c.221,s.10.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-124 - Appointment of officers and employees by mayor

40:69A-124. Appointment of officers and employees by mayor
All officers and employees whose appointment or election is not otherwise provided for in this article or by general law shall be appointed by the mayor. If the municipality has not adopted the provisions of Title 11 of the Revised Statutes (Civil Service), it shall be the duty of the mayor to recruit, select and appoint persons qualified by training and experience for their respective offices, positions and employments.
L.1950, c. 210, p. 497, s. 13-10, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-125 - Residence in municipality not required

40:69A-125. Residence in municipality not required
Appointive officers and employees need not be residents of the municipality unless council shall so require.
L.1950, c. 210, p. 497, s. 13-11, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-126 - Municipal clerk

40:69A-126. Municipal clerk
A municipal clerk shall be appointed by the mayor with the advice and consent of council. The municipal clerk shall be qualified by previous training or experience to perform the duties of his office. He shall serve at the pleasure of the council, except as otherwise provided by this act.
L.1950, c. 210, p. 497, s. 13-12, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-127 - Duties of municipal clerk

40:69A-127. Duties of municipal clerk
The municipal clerk shall serve as clerk of the council, perform such functions as may be required by law of municipal clerks generally, have such other powers and duties as council may prescribe. He shall maintain the records and minutes of the governing body.
L.1950, c. 210, p. 497, s. 13-13, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-128 - Annual budget

40:69A-128. Annual budget
The mayor shall prepare the annual budget with the assistance of the treasurer and the co-operation of the other members of the council.
L.1950, c. 210, p. 497, s. 13-14, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-129 - Treasurer's duties

40:69A-129. Treasurer's duties
The treasurer shall be the chief financial officer of the municipality and shall keep and maintain books and records of all financial transactions of the municipality in accordance with the standards and requirements of the State Division of Local Government. The treasurer shall have custody of all public moneys of the municipality. He shall make monthly reports to council of all receipts, expenditures, commitments and unencumbered appropriation balances.
L.1950, c. 210, p. 497, s. 13-15, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-130 - Disbursement of municipal funds

40:69A-130. Disbursement of municipal funds
No municipal funds shall be disbursed except pursuant to and within the limits of appropriations made in accordance with law. All disbursements shall be by bank check or draft signed by the mayor and countersigned by the treasurer, upon warrant of the chairman of the finance committee of council approved by council.
L.1950, c. 210, p. 498, s. 13-16, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-131 - Tax collector; duties

40:69A-131. Tax collector; duties
The municipal tax collector shall receive and collect all moneys assessed or raised by taxation or assessment for any purpose. The collector shall enter in suitable books or other records to be kept by him the sums received each day together with the account to which each receipt is credited. Within forty-eight hours after the receipt of any moneys of the municipality, or on the first banking day thereafter, the collector shall deposit such moneys in the authorized public depository of the municipality to the credit of the appropriate account. He shall report to council at least once each month at the same time as the treasurer is required to report, all receipts and deposits and cash on hand belonging to the municipality. Within sixty days after the end of the fiscal year, and at such other times as may be required by council, the collector shall make and furnish a detailed and true list of all delinquent taxpayers for the next preceding year or for such period as council may require.
L.1950, c. 210, p. 498, s. 13-17, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-132 - Bond of treasurer and collector

40:69A-132. Bond of treasurer and collector
The treasurer and the collector shall each give bond, at the expense of the municipality, in accordance with general law.
L.1950, c. 210, p. 498, s. 13-18, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-149.1 - Adoption by voters; applicable laws

40:69A-149.1. Adoption by voters; applicable laws
The form of government provided in this article shall be known as the "mayor-council-administrator plan," and shall, together with articles 2 and 17, govern any municipality the voters of which have adopted it pursuant to law.
L.1981, c. 465, s. 36, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-149.2 - Government by elected mayor and council, and appointed municipal administrator and other officers and employees

40:69A-149.2. Government by elected mayor and council, and appointed municipal administrator and other officers and employees
Each municipality hereunder shall be governed by an elected mayor and council, and an appointed municipal administrator, and by such other officers and employees as may be duly appointed pursuant to this article, general law or ordinance.
L.1981, c. 465, s. 36, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-149.3 - Council; composition; mayor and councilmen; election; terms of office

40:69A-149.3. Council; composition; mayor and councilmen; election; terms of office
The council shall consist of the mayor and six council members. The mayor and council shall be elected at the general election to be held on the first Tuesday after the first Monday in November. Except as otherwise provided in this article for council members first elected, the mayor shall serve for a term of four years and the council members for a term of three years, beginning on January 1 next following their election.
L.1981, c.465, s.16A-3; amended 1989,c.221,s.11.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-149.4 - Election at large; terms of office of first elected

40:69A-149.4. Election at large; terms of office of first elected
The mayor and council members shall be elected at large by the voters of the municipality. At the first election following the adoption by a municipality of this section, of the six council members to be elected, two shall serve for a term of three years, two shall serve for a term of two years, and two shall serve for a term of one year.
L.1981, c.465, s.16A-4; amended 1989,c.221,s.12.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-149.5 - Council; legislative power; status of mayor; quorum; president; special meetings

40:69A-149.5. Council; legislative power; status of mayor; quorum; president; special meetings
The legislative power of the municipality shall be exercised by the council, except as may be otherwise provided by general law. The mayor shall preside over all meetings of the council except as herein provided, but shall not vote except to give the deciding vote in case of a tie. Three council members and the mayor, and in the absence of the mayor, four council members shall constitute a quorum for the transaction of business, but a smaller number may meet and adjourn from time to time. The council shall annually select from among the council members a president of the council who shall serve in place of the mayor in the event of the mayor's absence, disability or refusal to preside. The mayor shall, when necessary, call special meetings of the council. In case of the mayor's neglect or refusal, any four council members may call a special meeting upon due notice of the time and place to the mayor and all council members.
L.1981, c.465, s.16A-5; amended 1989,c.221,s.13.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-149.6 - Mayor; powers and duties

40:69A-149.6. Mayor; powers and duties
The executive power of the municipality shall be exercised by the mayor. He shall enforce the charter and ordinances of the municipality and all general laws applicable thereto, and shall recommend such actions to the council as he may deem in the public interest.
L.1981, c. 465, s. 36, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-149.7 - Ordinances; approval by mayor

40:69A-149.7. Ordinances; approval by mayor
Each ordinance adopted by the council shall be submitted to the mayor, and he shall within 10 days after receiving it either approve the ordinance by affixing his signature thereto or return it to the council by delivering it to the municipal clerk, together with a written statement of his objections thereto or to any item or part thereof. No ordinance, or any item or part thereof, shall take effect without the mayor's approval unless the mayor fails to return an ordinance to the council within 10 days after it has been presented to him, or unless the council, upon reconsideration thereof on or after the third day following its return by the mayor, shall resolve to override the mayor's veto by a vote of at least 2/3 of the members.
L.1981, c. 465, s. 36, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-149.8 - Mayoral appointments; municipal departments

40:69A-149.8. Mayoral appointments; municipal departments
a. The mayor shall nominate, and with the advice and consent of the council appoint, a municipal administrator, an assessor, a tax collector, an attorney, a clerk, a treasurer and such other officers as may be provided by ordinance. Except where otherwise prohibited by general law, one person may be appointed to two or more such offices, except that one person shall not be simultaneously the assessor and treasurer, or assessor and collector. All such officers shall be annually appointed unless another term is provided by this article or by general law.
b. The municipality may provide by ordinance for the establishment of municipal departments, not to exceed six in number. Each department shall be headed by a director, who shall be appointed by the mayor with the advice and consent of the counciL. Each department head shall serve during the term of office of the mayor appointing him, and until the appointment and qualification of a successor. The mayor may remove any department head upon written notice to the council. The council may remove department heads for cause after hearing.
The municipal administrator shall supervise the administration of each of the departments established by ordinance. For this purpose, the municipal administrator shall have the power to investigate the organization and operations of any department, to prescribe standards and rules of administrative practice and procedure, and to consult with the heads of departments.
L. 1981, c. 465, s. 36, eff. Jan. 9, 1982. Amended by L. 1985, c. 458, s. 1, eff. Jan. 15, 1986.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-149.8a - Ordinances validated

40:69A-149.8a. Ordinances validated
Any ordinance heretofore adopted by a municipality governed by section 36 of P.L. 1981, c. 465 (C. 40:69A-149.1 through 40:69A-149.16) which provides for the establishment of municipal departments, and any actions taken by a municipality pursuant to that ordinance, are validated and confirmed; provided, that the ordinance shall be amended to conform with the provisions of this amendatory and supplementary act within 90 days after its effective date.
L. 1985, c. 458, s. 3, eff. Jan. 15, 1986.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-149.9 - Municipal administrator

40:69A-149.9. Municipal administrator
The municipal administrator shall administer the business affairs of the municipality and shall, as provided by ordinance, have such powers and perform such duties which are not required by this article or general law to be exercised by the mayor, council or other officer, board or body. The administrator shall receive such compensation as may be provided by ordinance. The municipal administrator shall serve during the term of office of the mayor, but may be removed by a vote of at least two-thirds of the members of the council. The resolution of removal shall become effective three months after its adoption. The council may provide that the resolution shall have immediate effect, but in that case the council shall cause to be paid to the administrator forthwith any unpaid balance of his salary and his salary for the next three calendar months following adoption of the resolution unless he is removed 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 17-14, 17-15, 17-16, 17-17 or 17-18 of P.L. 1950, c. 210 (C. 40:69A-163 through 40:69A-167), or the violation of any code of ethics in effect within the municipality.
L. 1981, c. 465, s. 36, eff. Jan. 9, 1982. Amended by L. 1985, c. 458, s. 2, eff. Jan. 15, 1986.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-149.10 - Officers and employees; appointment and recruitment by mayor

40:69A-149.10. Officers and employees; appointment and recruitment by mayor
All officers and employees whose appointment or election is not otherwise provided for in this article or by general law shall be appointed by the mayor. If the municipality has not adopted the provisions of Title 11 of the Revised Statutes, it shall be the duty of the mayor to recruit, select and appoint persons qualified by training and experience for their respective offices, positions and employments.
L.1981, c. 465, s. 36, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-149.11 - Clerk

40:69A-149.11. Clerk
The municipal clerk shall serve as clerk of the council, perform such functions as may be required by law of municipal clerks generally, and have such other powers and duties as the council may prescribe. He shall maintain the records and minutes of the governing body. The municipal clerk shall be qualified by previous training or experience to perform the duties of his office. He shall serve for such term as is generally provided by law.
L.1981, c. 465, s. 36, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-149.13 - Treasurer

40:69A-149.13. Treasurer
The treasurer shall be the chief financial officer of the municipality and shall keep and maintain books and records of all financial transactions of the municipality in accordance with the standards and requirements of the Division of Local Government Services in the Department of Community Affairs. The treasurer shall have custody of all public moneys of the municipality. He shall make monthly reports to the council of all receipts, expenditures, commitments and unencumbered appropriation balances.
L.1981, c. 465, s. 36, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-149.14 - Municipal funds; disbursement

40:69A-149.14. Municipal funds; disbursement
No municipal funds shall be disbursed except pursuant to and within the limits of appropriations made in accordance with law. All disbursements shall be by bank check or draft signed by the mayor and countersigned by the treasurer, upon warrant of the council.
L.1981, c. 465, s. 36, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-149.15 - Tax collector

40:69A-149.15. Tax collector
The municipal tax collector shall receive and collect all moneys assessed or raised by taxation or assessment for any purpose. The collector shall enter in suitable books or other records to be kept by him the sums received each day together with the account to which each receipt is credited. Within 48 hours after the receipt of any moneys of the municipality, or on the first banking day thereafter, the collector shall deposit such moneys in the authorized public depository of the municipality to the credit of the appropriate account. He shall report to the council at least once each month at the same time as the treasurer is required to report, all receipts and deposits and cash on hand belonging to the municipality. Within 60 days after the end of the fiscal year, and at such other times as may be required by the council, the collector shall make and furnish a detailed and true list of all delinquent taxpayers for the next preceding year or for such period as the council may require.
L.1981, c. 465, s. 36, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-149.16 - Bond; treasurer and collector

40:69A-149.16. Bond; treasurer and collector
The treasurer and the collector shall each give bond, at the expense of the municipality, in accordance with general law.
L.1981, c. 465, s. 36, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-150 - Municipal elections; time.

40:69A-150 Municipal elections; time.
17-1. Regular municipal elections shall be held in each municipality 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 years in which municipal officers are to be elected, where the election of such officers is not provided to be at the general election. Regular municipal elections shall be conducted pursuant to the "Uniform Nonpartisan Elections Law," P.L.1981, c.379 (C.40:45-5 et seq.).
L.1950, c.210, s.17-1; amended 1981, c.379, s.30; 2009, c.196, s.9.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-152 - Terms of municipal officers

40:69A-152. Terms of municipal officers
Every municipal officer elected under any of the plans provided in this act shall serve for the term of office specified in the plan and until his successor is elected and qualified.
L.1950, c. 210, p. 503, s. 17-3, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-153.1 - Dual candidacy; prohibition

40:69A-153.1. Dual candidacy; prohibition
No person shall accept nomination for more than one municipal office to be voted for at a regular municipal election to be held pursuant to Article 17 of P.L.1950, c. 210 (C. 40:69A-150 et seq.).
L.1981, c. 87, s. 1, eff. March 26, 1981.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-162 - Candidates elected in municipalities adopting article 13 or 14

40:69A-162. Candidates elected in municipalities adopting article 13 or 14
In any municipality which has adopted article 13 or 14 of this act, the candidate for mayor, if there be one, who receives the greatest number of votes shall be elected and the number of candidates for council member equal to the number of places to be filled in the council, receiving the greatest number of votes shall be elected.
L.1950, c.210, s.17-13; amended 1989,c.221,s.14.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-163 - Interest in contracts or jobs forbidden

40:69A-163. Interest in contracts or jobs forbidden
No officer or employee elected or appointed in any municipality shall be interested directly or indirectly in any contract or job for work or materials, or the profits thereof, 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, 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.
L.1950, c. 210, p. 509, s. 17-14, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-164 - Franks, free passes, tickets or services; acceptance forbidden

40:69A-164. Franks, free passes, tickets or services; acceptance forbidden
No officer or employee shall accept or receive, directly or indirectly, from any person operating within the territorial limits of a 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.
L.1950, c. 210, p. 509, s. 17-15, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-165 - Promise of office, position, employment or benefits forbidden

40:69A-165. Promise of office, position, employment or benefits forbidden
No candidate for office, appointment or employment, and no officer, appointee, or employee in any 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.
L.1950, c. 210, p. 509, s. 17-16, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-167 - Failure to appear or testify before court, legislative committee or Governor

40:69A-167. Failure to appear or testify before court, legislative committee or Governor
If any person hereafter elected or appointed to any office or position in a municipality governed under this act shall, after lawful notice or process, willfully refuse or fail to appear before any court, any legislative committee, or the Governor, or having appeared shall refuse to testify or to answer any question regarding the property, government or affairs of the municipality, or regarding his nomination, election appointment or official conduct on the ground that his answer would tend to incriminate him, or shall refuse to waive immunity from prosecution on account of any such matter in relation to which he may be asked to testify, may be removed from office by the governing body of the municipality in its discretion. Any person removed from office pursuant to this section shall not thereafter be eligible for election or appointment to any office or employment in such municipality.
L.1950, c. 210, p. 510, s. 17-18, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-168 - Elective officers; removal by recall petition and vote

40:69A-168. Elective officers; removal by recall petition and vote
Any elective officer shall be subject to removal from office for cause connected with his office, after he has served at least one year, upon the filing of a recall petition and the affirmative vote of a majority of those voting on the question of removal at any general, regular municipal or special election.
L.1950, c. 210, p. 510, s. 17-19, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-169 - Recall petition

40:69A-169. Recall petition
A recall petition shall demand the removal of a designated incumbent, shall be signed by qualified voters equal in number to at least twenty-five per centum (25%) of the registered voters of the municipality, and shall be filed with the municipal clerk. It shall set forth a statement of the cause upon which the removal is sought.
L.1950, c. 210, p. 510, s. 17-20, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-170 - Signatures to recall petition

40:69A-170. Signatures to recall petition
The signatures to a recall 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 or other sufficient designation if there shall be no street and number. 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 its examination and ascertain whether or not such petition is signed by the requisite number of qualified voters, 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.
L.1950, c. 210, p. 511, s. 17-21, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-171 - Notice to officer; recall election; notice of filing of petition

40:69A-171. Notice to officer; recall election; notice of filing of petition
If the petition shall be sufficient the municipal clerk shall within two days notify the mayor, councilman or councilmen whose recall is sought thereby. If such notice cannot be served personally upon the mayor, councilman or councilmen affected, service may be made by registered mail addressed to the officer's last known address. If within five days after the service of the notice by the municipal clerk the mayor, 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, the municipal clerk shall order and fix a date for holding a recall election not less than sixty nor more than ninety days from the filing of the petition. Notice of the filing of the petition and of the date of the election 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.
L.1950, c. 210, p. 511, s. 17-22, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-172 - Ballots

40:69A-172. Ballots
The ballots at the recall election shall conform to the requirements respecting the election of municipal officers in the municipality, as provided in this article or in Title 19 of the Revised Statutes (Elections), whichever shall apply in the municipality in accordance with the provisions of this act, except that the words "recall election" shall appear on the ballot. 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 officers by a heavy black line. The proposal for recall shall be placed on the ballot in the following manner:
"Shall (here insert name of incumbent) be removed from office by recall?" This matter shall occupy two lines in bold-face 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 (+) or a check ( X ) mark. Immediately below the foregoing shall appear the following:
"Indicate your vote by placing a cross ( x ) or plus (+) or a check ( X ) mark in one of the squares above."
L.1950, c. 210, p. 512, s. 17-23, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-173 - Removal of more than one officer

40:69A-173. Removal of more than one officer
If the removal of more than one officer is sought the same provisions for submitting to the electors the question and direction hereinbefore described shall be repeated in the case of each officer 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.
L.1950, c. 210, p. 512, s. 17-24, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-174 - Election of successor; use of recall ballot

40:69A-174. Election of successor; use of recall ballot
The same ballot used for submitting the question or questions of recall shall be used for the election of a successor to the incumbent sought to be removed and immediately under the black line following the recall question shall appear the phrase "Nominees for successors of (here insert name of incumbent) in the event he is recalled." The names of all persons nominated as successors shall be placed upon the ballot in the same manner provided for other elections of municipal officers in the municipality.
L.1950, c. 210, p. 513, s. 17-25, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-175 - Laws governing recall elections; selection of candidate for successor of recalled incumbent

40:69A-175. Laws governing recall elections; selection of candidate for successor of recalled incumbent
The provisions of this article or of Title 19 of the Revised Statutes (Elections), whichever shall apply in the municipality in accordance with the provisions of this act, concerning the nomination of municipal officers, preparation of the ballot, election of municipal officers, counting and canvassing of the results of the election of such officers, shall apply to the election for the recall of officers and the election of their successors. Where the plan of government in effect in the municipality provides for partisan elections, the county committee of each political party shall be authorized to select a candidate for successor of a recalled incumbent in the same manner as provided by Title 19 of the Revised Statutes for nominations to fill a vacancy after the last day for filing petitions for nominations in the primary elections.
L.1950, c. 210, p. 513, s. 17-26, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-176 - Publication of notices of arrangements for recall elections; conduct

40:69A-176. Publication of notices of arrangements for recall elections; conduct
The municipal clerk shall cause to be made due publication of notices of arrangements for holding all recall elections and they shall be conducted as are other elections for municipal officers in the municipality.
L.1950, c. 210, p. 513, s. 17-27, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-177 - Results of election

40:69A-177. Results of election
(a) If a majority of votes in connection with the recall of any officer be in favor of the recall, the term of office of such officer shall terminate, upon the certification of the results of election by the municipal clerk.
(b) If the results of such recall election shall, by the certificate of the municipal clerk, be shown to be against the recall of the officer he shall continue in office as if no recall election had been held, and the vote for the election for the successor of such officer taken at the time of such attempted recall shall be void.
L.1950, c. 210, p. 513, s. 17-28, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-178 - Successor where incumbent resigns or is recalled

40:69A-178. Successor where incumbent resigns or is recalled
If the office of the incumbent shall become vacant either by his resignation or by the result of the recall election, his successor shall be the nominee receiving the greatest number of votes at the recall election. The person so elected shall serve for the remainder of the unexpired term.
L.1950, c. 210, p. 514, s. 17-29, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-179 - Meetings of council; journal

40:69A-179. Meetings of council; journal
The council shall by ordinance or resolution designate the time of holding regular meetings, which shall be at least monthly. The mayor may, and upon written request of a majority of the members of the council, shall, call a special meeting of the council. In the call he shall designate the purpose of the special meeting and no other business shall be considered. All meetings of the council shall be open to the public. The municipal clerk shall keep a journal of its proceedings and record the minutes of every meeting.
L.1950, c. 210, p. 514, s. 17-30, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-180 - Rules of procedure; quorum; ordinances and resolutions; presiding officer; compensation

40:69A-180. Rules of procedure; quorum; ordinances and resolutions; presiding officer; compensation
(a) Council shall determine its own rules of procedure, not inconsistent with ordinance or statute. A majority of the whole number of members of the council shall constitute a quorum, but no ordinance shall be adopted by the council without the affirmative vote of a majority of all the members of the council.
(b) Each ordinance or resolution shall be introduced in written or typewritten form and shall be read and considered as provided by general law. The vote upon every motion, resolution or ordinance shall be taken by roll call and the yeas and nays shall be entered on the minutes. The minutes of each meeting shall be signed by the officer presiding at such meeting and by the municipal clerk.
(c) The council at its organization meeting shall elect a president of the council from among the members thereof and the president shall preside at its meetings and perform such other duties as the council may prescribe. In the absence of the president, the council shall elect a temporary presiding officer. The compensation of the mayor, council members and department heads shall be fixed by the council immediately after its organization.
L.1950, c.210, s.17-31; amended 1954, c.69, s.5; 1989, c.221, s.15.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-181 - Adoption and publication of ordinances; effective date

40:69A-181. Adoption and publication of ordinances; effective date
(a) Except as may otherwise be provided in this act, all ordinances shall be adopted and published in the manner required by general law; provided, however, that any ordinance may incorporate by reference any standard technical regulations or code, official or unofficial, which need not be so published whenever ten copies of said regulations or code have been placed on file in the office of the municipal clerk and in the office of the body or department charged with the enforcement of said ordinance for the examination of the public so long as said ordinance is in effect.
(b) No ordinance other than the local budget ordinance shall take effect less than twenty days after its final passage by council and approval by the mayor where such approval is required, unless the council shall adopt a resolution declaring an emergency and at least two-thirds of all the members of the council vote in favor of such resolution.
L.1950, c. 210, p. 514, s. 17-32, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-182 - Recording of ordinances and resolutions

40:69A-182. Recording of ordinances and resolutions
The municipal clerk shall record all ordinances and resolutions adopted by council and at the close of each year, with the advice and assistance of the municipal attorney, shall bind, compile or codify all the ordinances and resolutions, or true copies thereof, of the municipality which then remain in force and effect. He shall also properly index the record books, compilation or codification of ordinances and resolutions.
L.1950, c. 210, p. 515, s. 17-33, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-183 - Rules and regulations; filing; publication

40:69A-183. Rules and regulations; filing; publication
No rule or regulation made by any department, officer, agency or authority of the municipality, except such as relates to the organization or internal management of the municipal government or a part thereof, shall take effect until it is filed either with the municipal clerk or in such other manner as may be provided by ordinance. The council shall provide for the prompt publication of such rules and regulations.
L.1950, c. 210, p. 515, s. 17-34, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-184 - Petition; percentage of legal voters required

40:69A-184. Petition; percentage of legal voters required
The voters of any municipality may propose any ordinance and may adopt or reject the same at the polls, such power being known as the initiative. Any initiated ordinance may be submitted to the municipal council by a petition signed by a number of the legal voters of the municipality equal in number to at least 15% of the total votes cast in the municipality at the last election at which members of the General Assembly were elected. An initiated ordinance may be submitted to the municipal council by a number of the legal voters of the municipality equal in number to at least 10% but less than 15% of the total votes cast in the municipality at the last election at which members of the General Assembly were elected, subject to the restrictions set forth in section 17-43 (C. 40:69A-192) of this act.
L.1950, c. 210, p. 515, s. 17-35. Amended by L.1951, c. 306, p. 1107, s. 1, eff. July 13, 1951; L.1982, c. 145, s. 1, eff. Sept. 28, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-185 - Power of referendum; time for filing petition

40:69A-185. Power of referendum; time for filing petition
The voters shall also have the power of referendum which is the power to approve or reject at the polls any ordinance submitted by the council to the voters or any ordinance passed by the council, against which a referendum petition has been filed as herein provided. No ordinance passed by the municipal council, except when otherwise required by general law or permitted by the provisions of section 17-32(b) of this act, shall take effect before twenty days from the time of its final passage and its approval by the mayor where such approval is required. If within twenty days after such final passage and approval of such ordinance a petition protesting against the passage of such ordinance shall be filed with the municipal clerk and if the petition shall be signed by a number of the legal voters of the municipality equal in number to at least 15% of the total votes cast in the municipality at the last election at which members of the General Assembly were elected, the ordinance shall be suspended from taking effect until proceedings are had as herein provided.
The provisions of this section shall not apply to any ordinance which by its terms or by law cannot become effective in the municipality unless submitted to the voters, or which by its terms authorizes a referendum in the municipality concerning the subject matter thereof.
L.1950, c. 210, p. 516, s. 17-36. Amended by L.1951, c. 306, p. 1107, s. 2, eff. July 13, 1951; L.1979, c. 278, s. 2; L.1982, c. 145, s. 2, eff. Sept. 28, 1982.