SENATE, No. 1880

STATE OF NEW JERSEY

INTRODUCED MARCH 10, 1997

By Senator RICE

An Act requiring the mayor, department heads, and other officers and employees to appear before the council under certain circumstances in certain municipalities and amending P.L.1985, c.374.

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

    1. Section 8 of P.L.1985, c.374 (C.40:69A-37.1) is amended to read as follows:

    8. In any municipality adopting the mayor-council plan of government, the municipal council shall deal with employees of the department of administration and other administrative departments solely through the mayor or his designee, except as otherwise provided in this section. All contact with the employees, and all actions and communications concerning the administration of the government and the provision of municipal services shall be through the mayor or his designee, except as otherwise provided by law.

    Nothing in this section shall be construed to prohibit the council's inquiry into any act or problem of the administration of the municipality, including but not limited to issues affecting services provided by, and the budgets of, administrative departments. Any council member may, at any time, require a report on any aspect of the government of the municipality by making a written request to the mayor. The council may, by a majority vote of the whole number of its members, require the mayor [or his designee]or any department head to appear before the council sitting as a committee of the whole, and to bring before the council those records and reports, and officials and employees of the municipality as the council may determine necessary to ensure clarification of the matter under study. Unless the resolution requiring the appearance of administration officials and employees characterizes the matter as an emergency, written notice of the time, place and purpose or purposes of the meeting shall be provided to the office of the mayor at least five days before the date of the meeting. The council may further, by a majority of the whole number of its members, designate any number of its members as an ad hoc committee to consult with the mayor or his designee to study any matter and to report to the council thereon. It is the intent of the mayor-council plan of government to confer on the council general legislative powers, and such investigative powers as are germane to the exercise of its legislative powers, but to retain for the mayor full control over the municipal administration and over the administration of municipal services.

(cf: P.L.1985, c.374, s.8)

    2. This act shall take effect immediately.

STATEMENT

    This bill would clarify the provisions of the "mayor-council plan" form of government of the Optional Municipal Charter Law, P.L.1950, c.210 (C.40:69A-1 et seq.) concerning the ability of the council to inquire into the administration of the municipality. This bill would authorize the council to require the mayor to appear before the council. Under current law, a council may only require the appearance of the mayor or the mayor's designee. The bill would also specify that the council may require a department head to appear before the council and that issues affecting the services provided by, and the budgets of, administrative departments are within the province of council inquiry.

    Finally, the bill would require the council to provide the office of the mayor with at least five days' written notice of the time, place and purpose of the meeting unless the resolution ordering the appearance of administration officials characterizes the matter as an emergency.

Clarifies ability of councils under "mayor-council plan" to inquire into municipal administration.