ASSEMBLY LOCAL GOVERNMENT COMMITTEE

STATEMENT TO

ASSEMBLY, No. 2014

with committee amendments

STATE OF NEW JERSEY

DATED: DECEMBER 5, 1996

      The Assembly Local Government Committee reports favorably Assembly Bill No. 2014, with committee amendments.

      Assembly Bill No. 2014, as amended, provides a mechanism to prevent impasses with regard to the confirmation of subordinate municipality 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, as amended, 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. As amended by the committee, 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 committee amended the bill, upon the recommendation of the Division of Local Government Services in the Department of Community Affairs, to remove language concerning "subordinate offices" and to delete the proposed amendatory language to section 13-10 of P.L.1950, c.210 (C.40:69A-124) concerning "positions created by statute or ordinance" because the language was deemed confusing The committee included an amendment to section 13-8 of P.L.1950, c.210 (C.40:69A-122) to replace obsolete references to the "treasurer" with "chief financial officer" and to require that the mayor submit nominations to the offices mentioned in that section within 60 days of a vacancy.