SENATE, No. 1839
STATE OF NEW JERSEY
INTRODUCED FEBRUARY 10, 1997
By Senator MacINNES
An Act concerning members of municipal governing bodies and supplementing chapter 9 of Title 40A of the New Jersey Statutes and amending P.L.1973, c.89.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. In addition to any other limitations provided by law, no municipal governing body shall set the salary, wage or compensation, or any combination thereof, paid to a member of the governing body at a level in excess of $52,000 per year.
b. In addition to any other limitations provided by law, no municipal governing body shall award longevity pay to a member of the governing body. For the purposes of this subsection, "longevity pay" means monies paid above a base salary, wage or compensation premised upon additional years of service.
c. In addition to any other limitations provided by law, a municipal governing body shall pay the same salary, wage and compensation, as the case may be, to each member of the governing body.
d. In addition to any other limitations provided by law, a municipal governing body shall not increase the salary, wage or compensation of members of the governing body except by adoption of an ordinance.
e. In addition to any other limitations provided by law, a municipal governing body shall not authorize a member of the governing body to use a motor vehicle owned or leased by the municipality for any purpose other than official municipal business. For the purposes of this subsection, "official municipal business" means any matter which directly relates to the performance of the municipality's functions or the performance of its business. It shall not include the use of an automobile or other motor vehicle for any personal purpose including commuting between a personal residence and a place of municipal business or stopping at a commercial establishment except to use a lavatory, purchase a meal or obtain fuel or repairs.
f. In addition to any other limitations provided by law, a municipal governing body shall not authorize the payment of guaranteed expenses or payments in lieu of expenses to governing body members. Expenses shall be awarded only after appropriate review of receipts and applications for reimbursements representing legitimate expenditures directly related to the conduct and performance of the municipal governing body member's duties.
g. All appropriations made for funding for the purposes of this section shall be set forth in the municipal budget with sufficient specificity as to allow the Director of the Division of Local Government Services in the Department of Communiity Affairs to review said items within the scope of the "Local Budget Law," N.J.S.40A:4-1 et seq.
h. The provisions of this section shall apply to every municipality in this State.
2. Section 1 of P.L.1973, c.89 (C.40:69A-60.5) is amended to read as follows:
1. The municipal council of any municipality having a population of more than 270,000 which, prior to January 9, 1982 had adopted the form of government designated as "Mayor-Council Plan C" provided for in article 5 of P.L.1950, c.210 (C.40:69A-55 et seq.), may appoint an executive secretary and not more than four aides for each council member, who shall serve, and be removable at the pleasure of the council member, and who shall serve in the unclassified service of the civil service of the city and shall receive such salary as shall be fixed by ordinance, but said salary shall not exceed the salaries of persons holding the positions of executive secretary or aide on April 26, 1985. Persons appointed pursuant to this section may have their salaries increased on a periodic basis in accordance with the recommendation in an annual merit evaluation for each aide, to be filed with the municipal clerk by the council members, but not in excess of the average percentage increase granted to other municipal employees in the same period. A council member shall be authorized to expend no more than $70,000 annually for the payment of salaries to that council member's staff.
The municipal council of any municipality having a population of more than 200,000, but less than 270,000, which, prior to January 9, 1982, had adopted the form of government designated as "Mayor-Council Plan C" provided for in article 5 of P.L.1950, c.210 (C.40:69A-55 et seq.) may appoint not more than one aide for each council member, who shall serve, and be removable at the pleasure of the council member, and who shall serve in the unclassified service of the civil service of the city and shall receive a salary as shall be fixed by ordinance, except that the salary so fixed shall not exceed $15,000.
No municipality shall adopt the provisions of this section on or after October 26, 1985.
(cf: P.L.1994,c.116, s.1)
3. This act shall take effect immediately.
STATEMENT
This bill would effectively "cap" municipal governing body member salaries at $52,000 per year. The bill would also require each member of a governing body to be paid the same salary, wage and compensation, as the case may be, and would specifically prohibit municipalities from awarding longevity pay to governing body members.
The bill specifies that salaries of municipal governing body members may be increased only by adoption of an ordinance. This requirement would effectively prohibit municipal governing bodies from including an automatic cost of living adjustment to apply in perpetuity within one year's salary ordinance.
The bill would prohibit municipal governing bodies from authorizing the use of municipal motor vehicles by governing body members for any purpose other than official municipal business. The bill would also prohibit the practice of authorizing the prepayment of expenses or payments in lieu of expenses by a municipal governing body to its members. The bill states that all of these provisions would apply to every municipality in the State.
Finally, the bill would prohibit each council member in a municipality having a population of more than 270,000 which, prior to January 9, 1982 had adopted the form of government designated as "Mayor-Council Plan C" provided for in article 5 of P.L.1950, c.210 (C.40:69A-55 et seq.) from expending more than $70,000 annually for the payment of salaries to that council member's staff.
Imposes certain limitations on municipal governing body members.