ASSEMBLY, No. 1167
STATE OF NEW JERSEY
209th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2000 SESSION
Sponsored by:
Assemblyman MICHAEL J. ARNONE
District 12 (Monmouth)
SYNOPSIS
Permits appointment of subordinate official by small municipal form council if mayor's nominee fails confirmation within 30 days.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the appointment and confirmation of certain subordinate municipal officials and amending P.L.1950, c.210.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 13-6 of P.L.1950, c.210 (C.40:69A-120) is amended to read as follows:
13-6. a. 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.
b. The council, whenever it fails to confirm the nomination by the mayor within 30 days of being presented with such nomination, shall make the appointment to that office, provided that at least the affirmative votes of a majority of the whole number of the governing body shall be required for such purpose, the mayor to have no vote thereon except in the case of a tie. If the council fails to either confirm or reject the nomination by the mayor within the 30-day period, then the nomination shall be deemed confirmed.
(cf: P.L.1950, c.210, s.13-6)
2. Section 13-8 of P.L.1950, c.210 (C.40:69A-122) is amended to read as follows:
13-8. An assessor, a tax collector, an attorney, a clerk, a [treasurer] chief financial officer and such other officers as may be provided by ordinance shall be appointed by the mayor with the advice and consent of the council. The mayor shall make his nomination to any such office within 60 days of that office becoming vacant. One person may be appointed to two or more such offices, except that one person shall not be the assessor and [treasurer] chief financial officer, or assessor and collector.
(cf: P.L.1950, c.210, s.13-8)
3. This act shall take effect immediately.
STATEMENT
This bill provides a mechanism to prevent impasses with regard to the confirmation of municipal officers in municipalities operating under the small municipality plan form of government, of the "Optional Municipal Charter Law," P.L.1950, c.210 (C.40:69A-115 et seq.). The governing body of a municipality operating under the small municipality form is composed of a mayor and an even number of council members. Currently, the confirmation of subordinate officials, nominated by the mayor, can be delayed indefinitely when there is a tie among the municipal council members. This bill would allow the council to make an appointment if the mayor's nominee is not confirmed within 30 days. The mayor would also have the power to vote to break a tie in order to confirm a council nominee. If no action is taken by the council on the mayor's nomination within the 30-day time period, then the nominee shall be deem confirmed.
The bill also replaces references to the "treasurer" with "chief financial officer" in section 13-8 of P.L.1950, c.210 (C.40:69A-122) and requires that the mayor submit nominations for tax assessor, tax collector, attorney, municipal clerk, chief financial officer and other such officers as may be provided by ordinance within 60 days of one of those offices becoming vacant.