ASSEMBLY, No. 1904

STATE OF NEW JERSEY

INTRODUCED MAY 6, 1996

By Assemblyman ROMA

An Act concerning the election of mayor in council-manager plans of government, and amending P.L.1950, c.210.

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

    1. Section 9-6 of P.L.1950, c.210 (C.40:69A-86) is amended to read as follows:

    9-6. [Any] In any municipality adopting a council-manager plan of government and in which the terms of all members of the council expire simultaneously, the charter shall provide that the member who in the most recent election for members of the municipal council received the greatest number of votes shall serve as mayor. Should such person decline to accept the office, then the person receiving the next highest number of votes shall be the mayor, and so on, until the office is filled. In any municipality adopting a council-manager plan of government and in which the terms of all members of the council do not expire simultaneously, the municipality 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.

(cf: P.L.1981, c.465, s.26).

    2. This act shall take effect immediately.

STATEMENT

    This bill would change the method by which a mayor is chosen in one form of the council-manager plan of government. This bill would distinguish between councils that have members who serve concurrent terms of office and those that have staggered terms. In the council-manager plan of government in which council members serve concurrent terms, this bill designates as mayor the council member who received the greatest number of votes at the last council election.

    The bill would leave unchanged the means by which a mayor is chosen in council-manager plans of government in which council members serve staggered terms of office and in which the mayor is elected directly by the voters of the municipality.

Designates council member as mayor in certain council-manager plans of government.