ASSEMBLY, No. 2014

STATE OF NEW JERSEY

INTRODUCED MAY 13, 1996

By Assemblyman ARNONE

An Act concerning the appointment and confimation 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 of any official to a subordinate office of the municipality 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.

(cf: P.L.1950, c.210, s.13-6)

    2. Section 13-10 of P.L.1950, c.210 (C.40:69A-124) is amended to read as follows:

    13-10. All officers and employees whose appointment or election is not otherwise provided for in this article or by general law, and whose position has been created by statute or ordinance, shall be appointed by the mayor. If the municipality has not adopted the provisions of Title [11] 11A, Civil Service, of the [Revised] New Jersey 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.

(cf: P.L.1950, c.210, s.13-10)

    3. This act shall take effect immediately.

STATEMENT

    This bill provides a mechanism to prevent impasses with regard to the confirmation of subordinate municipal officials in municipalities operating under the small municipal form, Article 13 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 appoint a subordinate officier 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. This bill also makes it clear that the mayor can appoint only to positions that have been created by statute or ordinance.

Permits appointment of subordinate official by small municipal form council if mayor's nominee fails confirmation within 30 days.