reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-37 - Investigative, removal powers

40:69A-37. Investigative, removal powers
The council, in addition to such other powers and duties as may be conferred upon it by this charter or otherwise by general law, may:
(a) Require any municipal officer, in its discretion, to prepare and submit sworn statements regarding his official duties in the performance thereof, and otherwise to investigate the conduct of any department, office or agency of the municipal government;
(b) Remove, by at least two-thirds vote of the whole number of the council, any municipal officer, other than the mayor or a member of council, for cause, upon notice and an opportunity to be heard.
L. 1950, c. 210, p. 473, s. 3-7, eff. June 8, 1950. Amended by L. 1985, c. 374, s. 3, eff. Nov. 26, 1985.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-37.1 - Mayoral control of administration

40:69A-37.1. Mayoral control of administration
In any municipality adopting the mayor-council plan of government, the municipal council shall deal with employees of the department of administration and other administrative departments solely through the mayor or his designee. All contact with the employees, and all actions and communications concerning the administration of the government and the provision of municipal services shall be through the mayor or his designee, except as otherwise provided by law.
Nothing in this section shall be construed to prohibit the council's inquiry into any act or problem of the administration of the municipality. Any council member may, at any time, require a report on any aspect of the government of the municipality by making a written request to the mayor. The council may, by a majority vote of the whole number of its members, require the mayor or his designee to appear before the council sitting as a committee of the whole, and to bring before the council those records and reports, and officials and employees of the municipality as the council may determine necessary to ensure clarification of the matter under study. The council may further, by a majority of the whole number of its members, designate any number of its members as an ad hoc committee to consult with the mayor or his designee to study any matter and to report to the council thereon. It is the intent of the mayor-council plan of government to confer on the council general legislative powers, and such investigative powers as are germane to the exercise of its legislative powers, but to retain for the mayor full control over the municipal administration and over the administration of municipal services.
L. 1985, c. 374, s. 8, eff. Nov. 26, 1985.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-38 - Municipal clerk; duties

40:69A-38. Municipal clerk; duties
The council shall appoint a municipal clerk, who shall serve as clerk of the council, keep its minutes and records of its proceedings, maintain and compile its ordinances and resolutions as this act requires, and perform such functions as may be required by law. The municipal clerk shall, prior to his appointment, have been qualified by training or experience to perform the duties of the office.
L.1950, c. 210, p. 474, s. 3-8, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-39 - Executive power

40:69A-39. Executive power
The executive power of the municipality shall be exercised by the mayor, subject to the procedures set forth in this plan of government.
L. 1950, c. 210, p. 474, s. 3-9, eff. June 8, 1950. Amended by L. 1985, c. 374, s. 4, eff. Nov. 26, 1985.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-40 - Mayoral duties

40:69A-40. Mayoral duties
The mayor shall:
a. Enforce the charter and ordinances of the municipality and all general laws applicable thereto;
b. Report annually to the council and to the public on the state of the municipality, and the work of the previous year; he shall also recommend to the council whatever action or programs he deems necessary for the improvement of the municipality and the welfare of its residents. He may from time to time recommend any action or programs he deems necessary or desirable for the municipality to undertake;
c. Supervise, direct and control all departments of the municipal government and shall require each department to make an annual and such other reports on its work as he may deem desirable;
d. Require such reports and examine such accounts, records and operations of any board, commission or other agency of municipal government, as he deems necessary;
e. Prepare and submit to the council for its consideration and adoption an annual operating budget and a capital budget, establish the schedules and procedures to be followed by all municipal departments, offices and agencies in connection therewith, and supervise and administer all phases of the budgetary process;
f. Supervise the care and custody of all municipal property, institutions and agencies, and make recommendations concerning the nature and location of municipal improvements and execute improvements determined by the governing body;
g. Sign all contracts, bonds or other instruments requiring the consent of the municipality;
h. Review, analyze and forecast trends of municipal services and finances and programs of all boards, commissions, agencies and other municipal bodies, and report and recommend thereon to the council;
i. Supervise the development, installation and maintenance of centralized budgeting, personnel and purchasing procedures as may be authorized by ordinance;
j. Negotiate contracts for the municipality, subject to council approval;
k. Assure that all terms and conditions imposed in favor of the municipality or its inhabitants in any statute, franchise or other contract are faithfully kept and performed;
l. Serve as an ex officio, nonvoting member of all appointive bodies in municipal government of which he is not an official voting member.
L. 1950, c. 210, p. 474, s. 3-10, eff. June 8, 1950. Amended by L. 1985, c. 374, s. 5, eff. Nov. 26, 1985.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-41 - Approval or veto of ordinances; attending meetings

40:69A-41. Approval or veto of ordinances; attending meetings
(a) Ordinances adopted by the council shall be submitted to the mayor, and he shall within ten days after receiving any ordinance, 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 statement setting forth 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 ten days after it has been presented to him, or unless council upon reconsideration thereof on or after the third day following its return by the mayor shall by a vote of two-thirds of the members resolve to override the mayor's veto.
(b) The mayor may attend meetings of council and may take part in discussions of council but shall have no vote except in the case of a tie on the question of filling a vacancy in the council, in which case he may cast the deciding vote.
L.1950, c. 210, p. 474, s. 3-11, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-42 - Acting mayor

40:69A-42. Acting mayor
The mayor shall designate the business administrator, any other department head, or the municipal clerk to act as mayor whenever the mayor shall be prevented by absence from the municipality, disability or other cause from attending to the duties of his office. During such time the person so designated by the mayor shall possess all the rights, powers, and duties of mayor. Whenever the mayor shall have been unable to attend to the duties of his office for a period of sixty consecutive days for any of the above stated reasons, an acting mayor shall be appointed by the council, who shall succeed to all the rights, powers and duties of the mayor or the then acting mayor.
L.1950, c. 210, p. 475, s. 3-12, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-43a - Administrative department salaries

40:69A-43a. Administrative department salaries
The mayor shall, subject to any pertinent civil service requirements and any pertinent contractual obligations, and within the general limits of the municipal budget, fix the amount of salary, wages or other compensation to be paid to employees of the administrative departments of the municipal government, except that the salary, wages or other compensation paid the director of each department shall be fixed by the council pursuant to subsection (c) of section 17-31 of P.L. 1950, c. 210 (C. 40:69A-180), and except that salaries of officers which are required by law to be fixed by ordinance shall be fixed by ordinance.
L. 1985, c. 374, s. 9, eff. Nov. 26, 1985.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-43.1 - Deputy director of department

40:69A-43.1. Deputy director of department
The director of each department in any city of the second class which, prior to the effective date of this amendatory and supplementary act, had adopted the form of government designated as "Mayor-Council Plan D" provided for in article 6 of the act to which this act is a supplement, may appoint a deputy director of his department who shall serve, and be removable at the pleasure of the director, in the unclassified service of the civil service of the city and shall receive such salary as shall be fixed by the director with the approval of the council.
No municipality shall adopt the provisions of this section on or after the effective date of this amendatory and supplementary act.
L.1954, c. 62, p. 414, s. 1, eff. June 24, 1954. Amended by L.1981, c. 465, s. 39, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-43.2 - Powers and duties of deputy

40:69A-43.2. Powers and duties of deputy
The director shall prescribe, in writing, the powers and duties of the deputy so appointed by him and the acts of such deputy, within the scope of his authority, shall in all cases be as legal and binding as if done and performed by the director for whom he is acting.
L.1954, c. 62, p. 414, s. 2, eff. June 24, 1954.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-44 - Department of administration; director; qualifications; powers and duties

40:69A-44. Department of administration; director; qualifications; powers and duties
The department of administration shall be headed by a director who shall be known and designated as business administrator. He shall be chosen solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office as hereinafter set forth. At the time of his appointment, he need not be a resident of the municipality or State, but during his tenure of office he may reside outside the municipality only with the approval of council. He shall have, exercise and discharge the functions, powers and duties of the department. The department, under the direction and supervision of the mayor shall:
(a) Assist in the preparation of the budget;
(b) Administer a centralized purchasing system;
(c) Be responsible for the development and administration of a sound personnel system; and
(d) Perform such other duties as council may prescribe.
(e) The governing body of the municipality may provide, by ordinance, that the business administrator also shall, subject to the direction of the mayor, supervise the administration of each of the departments established by ordinance. For this purpose, he shall have power to investigate the organization and operation of any and all departments, to prescribe standards and rules of administrative practice and procedure, and to consult with the heads of the departments under his jurisdiction; provided that with respect to any department of law or department of audit, accounts or control, the authority of the business administrator under this subsection shall extend only to matters of budgeting, personnel and purchasing.
L.1950, c. 210, p. 476, s. 3-14. Amended by L.1954, c. 68, p. 422, s. 2; L.1981, c. 462, s. 40; L.1981, c. 465, s. 19, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-45 - Preparation of budget

40:69A-45. Preparation of budget
The municipal budget shall be prepared by the mayor with the assistance of the business administrator. During the month of November, the mayor shall require all department heads to submit requests for appropriations for the ensuing budget year, and to appear before the mayor or the business administrator at public hearings, which shall be held during that month, on the various requests.
L.1950, c. 210, p. 476, s. 3-15, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-46 - Budget submitted to council

40:69A-46. Budget submitted to council
Except in those municipalities which operate on the State fiscal year pursuant to section 2 or 3 of P.L.1991, c.75 (C.40A:4-3.1 or C.40A:4-3.2), on or before the fifteenth day of the fiscal year the mayor shall submit to council his recommended budget together with such explanatory comment or statement as he may deem desirable. The budget shall be in such form as is required by law for municipal budgets, and shall in addition have appended thereto a detailed analysis of the various items of expenditure and revenue. Council may reduce any item or items in the mayor's budget by a vote of a majority of the council, but an increase in any item or items therein shall become effective only upon an affirmative vote of two-thirds of the members of council.
L.1950,c.210,s.3-16; amended 1991,c.75,s.6.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-46.1 - Mayor-council plan deadline

40:69A-46.1. Mayor-council plan deadline
Notwithstanding the provisions of section 3-16 of P.L. 1950, c. 210 (C. 40:69A-46), in any local budget year for which budget dates are extended pursuant to section 1 of this act, the mayor of a municipality governed under the "mayor-council plan" pursuant to P.L. 1950, c. 210 (C. 40:69A-1 et seq.) which takes advantage of such extension shall submit to the council his recommended budget not less than 16 days prior to the extended date for the introduction and approval of municipal budgets.
L. 1989, c. 31, s. 8.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-47 - System of work programs and quarterly allotments

40:69A-47. System of work programs and quarterly allotments
The council shall where practicable provide for the maintenance of a system of work programs and quarterly allotments, for operation of the budget. It shall be the duty of the officer or department administering any such program to develop and report appropriate unit costs of budgeted expenditures.
L.1950, c. 210, p. 477, s. 3-17, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-48 - Control functions

40:69A-48. Control functions
Provision shall be made by ordinance for the exercise of a control function, in the management of the finances of the municipality, by some officer other than the business administrator. The control function shall include provision for an encumbrance system of budget operation, for expenditures only upon written requisition, for the pre-audit of all claims and demands against the municipality prior to payment, and for the control of all payments out of any public funds by individual warrant for each payment to the official having custody thereof.
L. 1950, c. 210, p. 477, s. 3-18, eff. June 8, 1950. Amended by L. 1985, c. 374, s. 7, eff. Nov. 26, 1985.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-60.1 - Mayoral appointees

40:69A-60.1. Mayoral appointees
The mayor of any municipality having a population of more than 300,000, which, prior to January 9, 1982, had adopted the form of government designated as "Mayor-Council Plan C" provided for in article 5 of the act of which this act is a supplement, may appoint one or two deputy mayors, a personal secretary, an executive secretary, and aides, not exceeding 10 in number, who shall serve and be removable at the pleasure of the mayor, and who shall serve in the unclassified service of the civil service of the city and shall receive such salary as shall be fixed by ordinance.
No municipality shall adopt the provisions of this section on or after the date occurring six months after the effective date of this amendatory act.
The mayor of any municipality having a population of more than 80,000, but less than 300,000, which, prior to January 9, 1982, had adopted the form of government designated as "Mayor-Council Plan C" provided for in article 5 of P.L.1950, c.210 (C.40:69A-55 et seq.), may appoint one or two deputy mayors, a personal secretary, an executive secretary, and aides not exceeding seven in number, who shall serve and be removable at the pleasure of the mayor, and who shall serve in the unclassified service of the civil service of the municipality and shall receive such salary as shall be fixed by the mayor.
L.1963,c.69,s.1; amended 1970,c.168,s.1; 1981,c.465,s.40; 1985,c.159,s.1; 1990,c.102,s.1.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-60.2 - Powers and duties of deputies, secretaries and aides

40:69A-60.2. Powers and duties of deputies, secretaries and aides
The mayor shall prescribe, in writing, the powers and duties of the deputy or deputies, personal secretary, executive secretary, and aides to the mayor.
L.1963, c. 69, s. 2, eff. May 28, 1963. Amended by L.1970, c. 168, s. 2, eff. July 31, 1970.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-60.3 - Municipalities over 300,000; department of administration; assistant business administrator

40:69A-60.3. Municipalities over 300,000; department of administration; assistant business administrator
The director of the department of administration in any municipality having a population of more than 300,000 which, prior to the effective date of this amendatory and supplementary act, had adopted the form of government designated as "Mayor-Council Plan C" provided for in article 5 of the act of which this act is a supplement, may appoint and may remove, with the approval of the mayor, an assistant business administrator of his department who shall serve in the unclassified service of the civil service of the city and shall receive such salary as shall be fixed by ordinance.
No municipality shall adopt the provisions of this section on or after the effective date of this amendatory and supplementary act.
L.1965, c. 35, s. 1, eff. May 5, 1965. Amended by L.1981, c. 465, s. 41, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-60.4 - Powers and duties of assistant business administrator

40:69A-60.4. Powers and duties of assistant business administrator
The director shall prescribe, in writing, the power and duties of the assistant business administrator so appointed and the acts of such assistant business administrator, within the scope of his authority, shall in all cases be as legal and binding as if done by the director for whom he is acting.
L.1965, c. 35, s. 2, eff. May 5, 1965.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-60.5 - Appointment of executive secretary, aides.

40:69A-60.5 Appointment of executive secretary, aides.
1. The municipal council of any municipality having a population of more than 270,000 according to the most recent federal decennial census which, prior to January 9, 1982 had adopted the form of government designated as "Mayor-Council Plan C" provided for in article 5 of P.L.1950, c.210 (C.40:69A-55 et seq.), may appoint an executive secretary and not more than four fulltime equivalent aides for each council member, who shall serve, and be removable at the pleasure of the council member, and who shall serve in the unclassified service of the civil service of the city and shall receive such salary as shall be fixed by ordinance . Each fulltime aide position may be divided into two part-time aide positions, which shall be considered the equivalent of one fulltime aide, allowing not more than eight total part-time aides or four total fulltime aides. Each council member may appoint both fulltime and part-time aides and shall appoint not more than four fulltime equivalent aides. Persons appointed pursuant to this section may have their salaries increased on a periodic basis in accordance with the recommendation in an annual merit evaluation for each aide, to be filed with the municipal clerk by the council members, but not in excess of the average percentage increase granted to other municipal employees in the same period.
The municipal council of any municipality having a population of more than 200,000, but less than 270,000, according to the most recent federal decennial censuswhich, prior to January 9, 1982, had adopted the form of government designated as "Mayor-Council Plan C" provided for in article 5 of P.L.1950, c.210 (C.40:69A-55 et seq.) may appoint not more than one fulltime equivalent aide for each council member, who shall serve, and be removable at the pleasure of the council member, and who shall serve in the unclassified service of the civil service of the city and shall receive a salary as shall be fixed by ordinance .Each fulltime aide position may be divided into two part-time aide positions, which shall be considered the equivalent of one fulltime aide, allowing not more than two total part-time aides or one total fulltime aide.
A person who is employed as a part-time aide pursuant to this section shall not be eligible to receive health benefits coverage under a health benefits plan provided by the municipality.
No municipality shall adopt the provisions of this section on or after October 26, 1985.
L.1973, c.89, s.1; amended 1979, c.469; 1981, c.465, s.42; 1985, c.159, s.2; 1989, c.221, s.4; 1993, c.40; 1994, c.116; 2019, c.180.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-60.6 - Powers and duties of aides

40:69A-60.6. Powers and duties of aides
The municipal council shall prescribe, in writing, the powers and duties of the aide.
L.1973, c. 89, s. 2, eff. April 24, 1973.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-60.7 - City of first class under Mayor-Council Plan C; police chief; appointment; term of office; removal

40:69A-60.7. City of first class under Mayor-Council Plan C; police chief; appointment; term of office; removal
a. Notwithstanding the provisions of any other law to the contrary, the governing body of any city of the first class, which, prior to the effective date of this amendatory and supplementary act, had adopted the form of government designated as "Mayor-Council Plan C" provided for in article 5 of the act to which this act is a supplement, may provide, by ordinance, that the mayor shall appoint a police chief, who shall have served as a superior police officer and possess at least 5 years' administrative and supervisory police experience, who shall serve during the term of office of the mayor appointing him, and until the appointment and qualification of his successor, and who shall serve in the unclassified service of the civil service of the city and shall receive such salary as shall be fixed by ordinance.
b. The mayor of any first class city adopting the provisions of this supplementary act may in his discretion remove any person appointed pursuant to the provisions of this act, after notice and an opportunity to be heard. Prior to removing such person the mayor shall first file written notice of his intention to do so with the council, and such removal shall become effective on the twentieth day after the filing of such notice unless the council shall prior thereto have adopted a resolution disapproving such removal by at least a 2/3 vote of the membership of the council.
L.1979, c. 163, s. 1, eff. Aug. 6, 1979. Amended by L.1981, c. 465, s. 43, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-67.1 - Municipality with Mayor-Council Plan D; housing counsellor; duties

40:69A-67.1. Municipality with Mayor-Council Plan D; housing counsellor; duties
The governing body of any municipality having a population in excess of 60,000 persons, in which, prior to the effective date of P.L.1981, c. 465 (C. 40:69A-12 et al.) the voters adopted the form of government designated as "Mayor-Council Plan D," formerly provided for in Article 6 of the "Optional Municipal Charter Law," P.L.1950, c. 210 (C. 40:69A-1 et seq.) may by ordinance create the position of housing counsellor to counsel new and prospective home owners concerning purchase and maintenance costs of housing within the municipality, and may prescribe such additional duties as are appropriate to the position.
L.1982, c. 47, s. 1, eff. June 29, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-67.2 - Appointment; removal; salary

40:69A-67.2. Appointment; removal; salary
The position of housing counsellor created pursuant to section 1 of this act shall be filled by appointment of the council. The housing counsellor shall serve in the unclassified service of the civil service of the municipality, be removable at the pleasure of the council, and shall receive such salary as shall be fixed by the council.
L.1982, c. 47, s. 2, eff. June 29, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-81 - Applicable laws

40:69A-81. Applicable laws
The form of government provided in this article shall be known as the "council-manager plan " and shall, together with articles 2 and 17, govern any municipality, the voters of which have adopted this plan pursuant to this act.
L.1950, c. 210, p. 485, s. 9-1, eff. June 8, 1950. Amended by L.1981, c. 465, s. 21, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-82 - Government by elected council and appointed manager and other officers and employees

40:69A-82. Government by elected council and appointed manager and other officers and employees
Each municipality under this article shall be governed by an elected council and by an appointed municipal manager, and by such other officers and employees as may be duly appointed pursuant to this article, general law or ordinance.
L.1950, c. 210, p. 485, s. 9-2, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-83 - Council

40:69A-83. Council
The municipal council shall consist of five members, unless otherwise provided in the municipal charter, who shall serve for a term of 4 years.
L.1950, c. 210, p. 485, s. 9-3, eff. June 8, 1950. Amended by L.1981, c. 465, s. 22, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-83.1 - Council-manager plan; charter provision; regular municipal or general election; term of office

40:69A-83.1. Council-manager plan; charter provision; regular municipal or general election; term of office
Any municipality adopting a council-manager 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. 23, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-83.2 - Election at large or by wards

40:69A-83.2. Election at large or by wards
Any municipality adopting a council-manager plan of government shall provide in its charter either:
a. That the council members shall be elected at large by the voters of the municipality at the regular municipal election, on general election, as the charter shall provide; or
b. That the municipality shall be divided into wards pursuant to the authority granted in section 1-13 or 1-19 (C.40:69A-13 or 40:69A-19), that council members shall be elected at large and by wards at the regular municipal election or general election, as the charter shall provide; and that no more than one council member shall be elected from each ward established in the municipality, and all other council members shall be elected at large.
L.1981, c.465, s.24; amended 1989,c.221,s.5.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-83.3 - Terms of first council members

40:69A-83.3. Terms of first council members
Any municipality adopting a council-manager 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 five members, two shall serve for four years and three for two years; if the municipal council is to consist of seven members, three shall serve for four years and four for two years; or if the municipal council is to consist of nine members, four shall serve for four years and five for two 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 the election; except that if, pursuant to the charter, the mayor is elected directly by the voters, the mayor shall, for the purposes of this subsection, be counted among those first council members to serve a four year term.
b. Notwithstanding the provisions of subsection a. of this section, if a municipality adopting the provisions of this section shall also provide in its charter that the municipality shall be divided into wards pursuant to the authority granted in section 1-13 or 1-19 (C.40:69A-13 or 40:69A-19), 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 as follows: the council members elected at large for a term of four years; and the council members elected from wards for a term of two years.
L.1981, c.465, s.25; amended 1989, c.221, s.6.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-86 - Mayor; election by council or by voters; charter provision

40:69A-86. Mayor; election by council or by voters; charter provision
Any municipality adopting a council-manager 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. The mayor shall be chosen by ballot by majority vote of all members of the municipal council. If the members shall be unable, within five ballots to be taken within 2 days of said 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 the mayor. Should such 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. 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. The candidate for mayor receiving the greatest number of votes shall be elected, and shall serve for a term of 4 years.
L.1950, c. 210, p. 486, s. 9-6, eff. June 8, 1950. Amended by L.1981, c. 465, s. 26, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-87 - Duties of mayor

40:69A-87. Duties of mayor
The mayor shall preside at all meetings of the municipal council and shall have a voice and vote in its proceedings. He shall fill vacancies occurring in the trustees of the public library and in the board of education where the municipality is operating under chapter 6 of Title 18 of the Revised Statutes for such terms of office as are provided by law. All bonds, notes, contracts and written obligations of the municipality shall be executed on its behalf by the mayor or, in the event of his inability to act, by such councilman as the municipal council shall designate to act as mayor during his absence or disability. The powers and duties of the mayor shall be only such as are expressly conferred upon him by this article.
L.1950, c. 210, p. 486, s. 9-7, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-88 - Powers of municipality vested in council; exceptions

40:69A-88. Powers of municipality vested in council; exceptions
All powers of the municipality and the determination of all matters of policy shall be vested in the municipal council, except as otherwise provided by this act or by general law.
L.1950, c. 210, p. 487, s. 9-8, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-89 - Appointment of municipal manager and clerk and others

40:69A-89. Appointment of municipal manager and clerk and others
The municipal council shall appoint a municipal manager and a municipal clerk. Both of such offices may be held by the same person. The council may provide for the manner of appointment of a municipal attorney, any planning board, zoning board of adjustment or personnel board in the municipality, and may create commissions and other bodies with advisory powers.
L.1950, c. 210, p. 487, s. 9-9.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-90 - Departments, boards and offices; deputy manager

40:69A-90. Departments, boards and offices; deputy manager
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, including the office of deputy manager which shall not be included in the classified service under Title 11 of the Revised Statutes. Any department, board or office so continued or created may at any time be abolished by the municipal council.
L.1950, c. 210, p. 487, s. 9-10, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-91 - Municipal council to act as a body; administrative service to be performed through manager; committees or commissions

40:69A-91. Municipal council to act as a body; administrative service to be performed through manager; committees or commissions
It is the intention of this article that the municipal council shall act in all the matters as a body, and it is contrary to the spirit of this article for any of its members to seek individually to influence the official acts of the municipal manager, or any other officer, or for the council or any of its members to direct or request the appointment of any person to, or his removal from, office; or to interfere in any way with the performance by such officers of their duties. The council and its members shall deal with the administrative service solely through the manager and shall not give orders to any subordinates of the manager, either publicly or privately. Nothing herein contained shall prevent the municipal council from appointing committees or commissions 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. Any council member violating the provisions of this section shall, upon conviction thereof in a court of competent jurisdiction, be disqualified as a council member.
L.1950, c.210, s.9-11; amended 1989, c.221, s.7.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-92 - Qualifications of municipal manager

40:69A-92. Qualifications of municipal manager
The municipal manager shall be chosen by the council solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office as hereinafter set forth. At the time of his appointment, he need not be a resident of the municipality or State, but during his tenure of office he may reside outside the municipality only with the approval of council.
L.1950, c. 210, p. 488, s. 9-12, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-93 - Term of municipal manager; removal; suspension

40:69A-93. Term of municipal manager; removal; suspension
The municipal manager shall hold office for an indefinite term and may be removed by a majority vote of the council. At least 30 days before such removal shall become effective, the council shall by a majority vote of its members adopt a preliminary resolution stating the reasons for his removal. The manager may reply in writing and may request a public hearing, which shall be held not earlier than 20 days nor later than 30 days after the filing of such request. After such public hearing, if one be requested, and after full consideration, the council by majority vote of its members may adopt a final resolution of removal. By the preliminary resolution the council may suspend the manager from duty, but shall in any case cause to be paid him forthwith any unpaid balance of his salary and his salary for the next 3 calendar months following adoption of the preliminary 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.1950, c. 210, p. 488, s. 9-13, eff. June 8, 1950. Amended by L.1981, c. 465, s. 27, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-94 - Absence or disability of manager

40:69A-94. Absence or disability of manager
The manager may designate a qualified administrative officer of the municipality to perform his duties during his temporary absence or disability. In the event of his failure to make such designation, the council may by resolution appoint an officer of the municipality to perform the duties of the manager during such absence or disability until he shall return or his disability shall cease.
L.1950, c. 210, p. 488, s. 9-14.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-95 - Powers and duties of manager

40:69A-95. Powers and duties of manager
The municipal manager shall:
(a) Be the chief executive and administrative official of the municipality;
(b) Execute all laws and ordinances of the municipality;
(c) Appoint and remove a deputy manager if one be authorized by the council, all department heads and all other officers, subordinates, and assistants, except a municipal tax assessor, for whose selection or removal no other method is provided in this article, except that he may authorize the head of a department to appoint and remove subordinates in such department, supervise and control his appointees, and report all appointments or removals at the next meeting thereafter of the municipal council;
(d) 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;
(e) 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;
(f) Attend all meetings of the municipal council with the right to take part in the discussions, but without the right to vote;
(g) Recommend to the municipal council for adoption such measures as he may deem necessary or expedient, keep the council advised of the financial condition of the municipality, 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;
(h) Investigate at any time the affairs of any officer or department of the municipality;
(i) Perform such other duties as may be required of the municipal manager by ordinance or resolution of the municipal council.
The municipal manager shall be responsible to the council for carrying out all policies established by it and for the proper administration of all affairs of the municipality within the jurisdiction of the council.
L.1950, c. 210, p. 489, s. 9-15, eff. June 8, 1950. Amended by L.1981, c. 393, s. 6, eff. Jan. 6, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-96 - Budget; preparation by manager

40:69A-96. Budget; preparation by manager
The municipal budget shall be prepared by the municipal manager. During the month of November in each year, the municipal manager shall require all department heads to submit requests for appropriations for the ensuing budget year, and to appear before him at public hearings, which shall be held during that month, on the various requests.
L.1950, c. 210, p. 490, s. 9-16, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-97 - Submission of budget to council

40:69A-97. Submission of budget to council
Except in those municipalities which operate on the State fiscal year pursuant to section 2 or 3 of P.L.1991, c.75 (C.40A:4-3.1 or C.40A:4-3.2), on or before the fifteenth day of the fiscal year the municipal manager shall submit to council his recommended budget together with such explanatory comment or statement as he may deem desirable. The budget shall be in such form as is required by law for municipal budgets, and shall in addition have appended thereto detailed analysis of the various items of expenditure and revenue.
The council shall, where practicable, provide by ordinance for the operation of a system of work programs and quarterly allotments for operation of the budget, and for development and reporting of appropriate unit costs of budgeted expenditures.
L.1950,c.210,s.9-17; amended 1991,c.75,s.7.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-97.1 - Council-manager plan deadline

40:69A-97.1. Council-manager plan deadline
Notwithstanding the provisions of section 9-17 of P.L. 1950, c. 210 (C. 40:69A-97), in any local budget year for which budget dates are extended pursuant to section 1 of this act, the municipal manager of a municipality governed under the "council-manager plan" pursuant to P.L. 1950, c. 210 (C. 40:69A-1 et seq.) which takes advantage of such extension shall submit to the council his recommended budget not less than 16 days prior to the extended date for the introduction and approval of municipal budgets.
L. 1989, c. 31, s. 9.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-98 - Laws conferring powers upon mayor or other executive head construed as meaning municipal manager

40:69A-98. Laws conferring powers upon mayor or other executive head construed as meaning municipal manager
Any provision of general law conferring the appointing power 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 article, 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 article by the mayor, and except that the mayor shall serve as the fifth member of the board of school estimate pursuant to N.J.S. 18A:22-1.
L.1950, c. 210, p. 490, s. 9-18, eff. June 8, 1950. Amended by L.1981, c. 68, s. 1, eff. March 18, 1981.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-115 - Adoption by municipalities under 12,000; applicable laws

40:69A-115. Adoption by municipalities under 12,000; applicable laws
The form of government provided in this article shall be known as the "small municipality plan." It may be adopted by any municipality having a population of less than 12,000 inhabitants and shall, together with articles 2 and 17, govern any municipality the voters of which have adopted the plan pursuant to this act.
L.1950, c. 210, p. 495, s. 13-1, eff. June 8, 1950. Amended by L.1981, c. 465, s. 29, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-116 - Government by elected council and mayor and appointed officers

40:69A-116. Government by elected council and mayor and appointed officers
Each municipality shall be governed by an elected council and a mayor and such other officers as shall be appointed pursuant to this article, general law or ordinance.
L.1950, c. 210, p. 495, s. 13-2, eff. June 8, 1950. Amended by L.1981, c. 465, s. 30, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-117 - Composition of council

40:69A-117. Composition of council
The council shall consist of the mayor and two council members, unless pursuant to the authority granted under section 1-13 or 1-19 of article 1 of this act, or unless provided by amendment of the charter pursuant to section 7 of this amendatory act, the municipality shall be governed by a mayor and four or six council members. Members of the council shall be elected at large by the voters of the municipality and shall serve for a term of three years.
L.1950, c.210, s.13-3; amended 1981,c.465,s.31; 1989,c.221,s.8.