[First Reprint]

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 ¹[of any official to a subordinate office of the municipality]¹ 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. ¹If 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.¹

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

    ¹[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)]¹

    ¹2. 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.¹

(cf: P.L.1950, c.210, s.13-8)

    3. This act shall take effect immediately.

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