Bill Text: NJ A1679 | 2016-2017 | Regular Session | Introduced
Bill Title: Revises procedure for removal of municipal administrator by municipal council; provides for payment of balance of salary to municipal administrator upon removal.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2016-01-27 - Introduced, Referred to Assembly State and Local Government Committee [A1679 Detail]
Download: New_Jersey-2016-A1679-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblyman JOE HOWARTH
District 8 (Atlantic, Burlington and Camden)
Assemblyman PARKER SPACE
District 24 (Morris, Sussex and Warren)
SYNOPSIS
Revises procedure for removal of municipal administrator by municipal council; provides for payment of balance of salary to municipal administrator upon removal.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the removal of a municipal official from office and amending P.L.1981, c.465.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 36 of P.L.1981, c.465 (C.40:69A-149.9) is amended to read as follows:
36. The municipal administrator shall administer the business affairs of the municipality and shall, as provided by ordinance, have such powers and perform such duties which are not required by this article or general law to be exercised by the mayor, council or other officer, board or body. The administrator shall receive such compensation as may be provided by ordinance. The municipal administrator shall serve during the term of office of the mayor, but may be removed by a vote of at least two-thirds of the members of the council. [The resolution of removal shall become effective three months after its adoption.] The council may provide that the resolution shall have immediate effect, or provide a specific effective date for the resolution, [but in that case the council] and shall cause to be paid to the administrator forthwith any unpaid balance of his salary [and his salary for the next three calendar months following adoption of the resolution unless he is removed for good cause. For the purposes of this section, "good cause" shall mean conviction of a crime or offense involving moral turpitude, the violation of the provisions of section 17-14, 17-15, 17-16, 17-17 or 17-18 of P.L.1950, c.210 (C.40:69A-163 through 40:69A-167), or the violation of any code of ethics in effect within the municipality] as of the date of his removal.
(cf: P.L.1985, c.458, s.2)
2. This act shall take effect immediately.
STATEMENT
This bill removes the requirements in section 36 of P.L.1981, c.465 (C.40:69A-149.9) that the removal of a municipal administrator by means of a resolution of removal passed by a vote of at least two-thirds of the members of the municipal council shall become effective three months after its adoption, and that the council shall pay to the administrator his salary for the next three calendar months following adoption of the resolution unless he is removed for good cause. The bill permits the council to provide that the resolution for removal shall have immediate effect, or to provide a specific effective date for the resolution. Finally, the bill requires the municipal council to pay the municipal administrator the unpaid balance of his salary as of the date of his removal.
