SENATE, No. 1062

STATE OF NEW JERSEY

INTRODUCED MAY 2, 1996

By Senator PALAIA

An Act concerning the salaries of municipal construction officials and amending N.J.S.40A:9-165.

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

    1. N.J.S.40A:9-165 is amended to read as follows:

    40A:9-165. The governing body of a municipality, by ordinance, unless otherwise provided by law, shall fix and determine the salaries, wages or compensation to be paid to the officers and employees of the municipality, including the members of the governing body and the mayor or other chief executive, who by law are entitled to salaries, wages, or compensation.

    Salaries, wages or compensation fixed and determined by ordinance may, from time to time, be increased, decreased or altered by ordinance. No such ordinance shall reduce the salary of, or deny without good cause an increase in salary given to all other municipal officers and employees to, any tax assessor, chief financial officer, tax collector, construction official or municipal clerk during the term for which he shall have been appointed. Except with respect to an ordinance or a portion thereof fixing salaries, wages or compensation of elective officials or any managerial, executive or confidential employee as defined in section 3 of the "New Jersey Employer-Employee Relations Act" P.L.1941, c.100 (C.34:13A-3), as amended, the ordinance shall take effect as provided therein. In municipalities wherein the provisions of Title [11 (Civil Service)]11A, Civil Service, of the [Revised] New Jersey Statutes are in operation, this section shall be subject thereto.

    Where any such ordinance shall provide for increases in salaries, wages or compensation of elective officials or any managerial, executive or confidential employee, the ordinance or that portion thereof which provides an increase for such elective or appointive officials shall become operative in 20 days after the publication thereof, after final passage, unless within said 20 days, a petition signed by voters of such municipality, equal in number to at least 5% of the registered voters of the municipality, protesting against the passage of such ordinance, be presented to the governing body, in which case such ordinance shall remain inoperative unless and until a proposition for the ratification thereof shall be adopted at an election by a majority of the voters voting on said proposition. The question shall be submitted at the next general election, occurring not less than 40 days from the date of the certification of the petition. The submission of the question to the voters shall be governed by the provisions of Title 19 (Elections) of the Revised Statutes, as in the case of public questions to be voted upon in a single municipality.

(cf: P.L.1991, c.175, s.14)

    2. This act shall take effect immediately.

STATEMENT

    The purpose of this bill is to add the job title of construction official to the list of municipal officers whose salaries may not be reduced or who may not be denied, without good cause, an increase in salary given to all other municipal officers and employees in a municipal salary ordinance during the construction official's term of appointment.

Protects salary of municipal construction official from reduction during term of appointment.