A1913 TR

An Act concerning the powers of a borough mayor in certain municipalities and amending N.J.S.40A:60-5 and N.J.S.40A:60-7.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. N.J.S.40A:60-5 is amended to read as follows:

40A:60-5. a. The mayor shall be the head of the municipal government.

b. The mayor shall have all those powers designated by general law.

c. The mayor shall preside at meetings of the council and may vote to break a tie.

d. Every ordinance adopted by the council and every salary resolution as defined in this section shall, within five days after its passage, Sundays excepted, be presented to the mayor by the borough clerk. The mayor shall, within ten days after receiving the ordinance or salary resolution, Sundays excepted, either approve the ordinance or salary resolution by affixing his signature thereto or return it to the council by delivering it to the clerk together with a statement setting forth his objections thereto or any item or part thereof. No ordinance or salary resolution or any item or part thereof shall take effect without the mayor's approval, unless the mayor fails to return the ordinance or salary resolution to the council, as prescribed above, or unless the council, upon consideration of the ordinance or salary resolution following its return, shall, by a vote of two-thirds of all the members of council, resolve to override the veto.

e. No ordinance or salary resolution shall be passed, or appointment of any subordinate officer of the borough be confirmed, except by a vote of a majority of the members of the council present at the meeting, provided that at least three affirmative votes shall be required for such purpose, the mayor voting only in the case of a tie.

f. If any ordinance or salary resolution contains more than one distinct section, clause or item, the mayor may approve one or more thereof and veto the rest.

g. The mayor shall nominate and, with the advice and consent of council, appoint all subordinate officers of the borough, unless the specific terms of the general law clearly require a different appointment procedure. He shall make his nomination to any such office within thirty days of that office becoming vacant.

h. The mayor shall see to it that the laws of the State and the
ordinances and salary resolutions of the borough are faithfully executed. He shall recommend to the council such measures as he may deem necessary or expedient for the welfare of the borough. He shall maintain peace and good order and have the power to suppress all riots and tumultuous assemblies in the borough.

For the purposes of this section, a salary resolution shall mean any resolution concerning wages or compensation for municipal employees adopted by a borough council in a municipality having no greater density than 1,000 persons per square mile according to the most recent federal decennial census.

(cf: N.J.S.40A:60-5)

2. N.J.S.40A:60-7 is amended to read as follows:

40A:60-7. a. The borough council may, by ordinance, delegate all or a portion of the executive responsibilities of the municipality to an administrator, who shall be appointed pursuant to N.J.S.40A:9-136, provided that the power of the borough mayor to approve or veto any resolution passed by the borough council concerning salaries or compensation for municipal employees in a municipality having no greater density than 1,000 persons per square mile according to the most recent federal decennial census shall not be delegated to the administrator.

b. The borough council may, by ordinance, adopt an administrative code. The administrative code shall restate the major provision of the borough's charter and the general law supplementing the charter. The administrative code shall set forth the manner in which the council shall perform its duties. If the council organizes itself into standing committees or if the council members serve as heads of departments with administrative control over said departments, the administrative code shall specify the powers and duties of such committees or department heads and the manner in which they are appointed. The administrative code shall set forth the titles of the principal municipal officers, how the officers are appointed, how they are organized into departments, boards, commissions, and other agencies; whom they supervise, by whom they are supervised; what powers they have; and what procedure should be followed to carry on the activities of the borough government. The administrative code shall not grant any power or authority, nor authorize any procedure, unless such power, authority or procedure is authorized implicitly by the wording of the statute or derived by reasonable implication therefrom.

c. The assets and liabilities of any board, commission or district created pursuant to the statutes repealed in section 40A:60-8 of this act shall be transferred to the municipality.

d. The borough council may create such advisory councils to the municipality as it may choose, including councils for the functions
absorbed by it of any heretofore existing boards, commissions or districts.

(cf: N.J.S.40A:60-7)

3. This act shall take effect immediately.