Bill Text: NJ A4076 | 2016-2017 | Regular Session | Introduced
Bill Title: Permits municipal reorganization meetings to be held on alternative dates.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2017-06-22 - Received in the Senate, Referred to Senate Community and Urban Affairs Committee [A4076 Detail]
Download: New_Jersey-2016-A4076-Introduced.html
Sponsored by:
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
SYNOPSIS
Permits municipal reorganization meetings to be held on alternative dates.
CURRENT VERSION OF TEXT
As introduced.
An Act permitting certain municipal reorganization meetings to be held on any date during the first week of July, and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1956, c.176 (C.40:45A-1) is amended to read as follows:
1. a. [Notwithstanding any other provision of law, the] The governing body of a municipality in which any of the members of the governing body are elected for terms commencing January 1 may, by resolution, fix the date and time of its annual organization or reorganization meeting at 12 o'clock noon on January 1, or at some other hour on any day during the first [week in] seven calendar days of January.
b. The governing body of a municipality in which any of the members of the governing body are elected for terms commencing July 1 may, by resolution, fix the date and time of its annual organization or reorganization meeting at 12 o'clock noon on July 1, or at some other hour on any day during the first seven calendar days of July.
(cf: P.L.2000, c.126, s.12)
2. R.S. 40:81-7 is amended to read as follows:
40:81-7. Four weeks after their election in the case of the first municipal council elected, and on July 1 or, by resolution of the municipal governing body, any day during the first seven calendar days of July following all subsequent municipal elections, the members-elect of the municipal council shall assemble at the usual place of meeting of the governing body of the municipality and organize and elect one of their number as mayor. The mayor shall be chosen by ballot by majority vote of all members of the municipal council. If the members shall be unable, within five ballots to be taken within [2] two days of said organization meeting, to elect a mayor, then the member who in the election for members of the municipal council received the highest vote, in accord with the manner of canvassing the ballots as herein set forth, shall be the mayor. Should such person decline to accept the office, then the person receiving the next highest vote shall be the mayor, and so on, until the office is filled.
(cf: P.L.1981, c.379, s.24)
3. Section 26 of P.L.1981, c.465 (C.40:69A-86) is amended to read as follows:
26. Any municipality adopting a council-manager plan of government shall provide in its charter either:
a. That the mayor shall be elected by the members of the council; in which case on the first day of July or January or, by resolution of the municipal governing body, any day during the first seven calendar days of July or January, as appropriate, following their election, the members-elect of the municipal council shall assemble at the usual place of meeting of the governing body of the municipality and organize and elect one of their number as mayor. The mayor shall be chosen by ballot by majority vote of all members of the municipal council. If the members shall be unable, within five ballots to be taken within [2] two days of said organization meeting, to elect a mayor, then the member who in the election for members of the municipal council received the greatest number of votes shall be the mayor. Should such person decline to accept the office, then the person receiving the next highest vote shall be the mayor, and so on, until the office is filled; or
b. That the mayor shall be elected directly by the voters of the municipality at the regular municipal election, or general election, as the charter shall provide. At the first election following the adoption of the charter, and each appropriate subsequent election, one position of council member to be elected at large shall be designated and voted for under the title of mayor, and candidates for the position shall be clearly designated as candidates for mayor in their respective nominating petitions. The candidate for mayor receiving the greatest number of votes shall be elected, and shall serve for a term of [4] four years.
(P.L.1981, c.465, s.26)
4. Section 34 of P.L.1981, c.465 (C.40:69A-117.3) is amended to read as follows:
34. Any municipality adopting a small municipality plan of government shall provide in its charter either:
a. That the mayor shall be elected by the members of the council; in which case on the first day of July or January or, by resolution of the municipal governing body, any day during the first seven calendar days of July or January, as appropriate, following their election, the members-elect of the municipal council shall assemble at the usual place of meeting of the governing body of the municipality and organize and elect one of their number as mayor; that the mayor shall be chosen by ballot by majority vote of members of the municipal council; that if the members shall be unable, within five ballots to be taken within [2] two days of the organization meeting, to elect a mayor, then the member who in the election for members of the municipal council received the greatest number of votes shall be mayor; and that should that person decline to accept the office, then the person receiving the next highest vote shall be the mayor, and so on, until the office is filled; or
b. That the mayor shall be elected directly by the voters of the municipality at the regular municipal election, or general election, as the charter shall provide; that at the first election following the adoption of the charter, and each appropriate subsequent election, one position of council member to be elected at large shall be designated and voted for under the title of mayor, and candidates for the position shall be clearly designated as candidates for mayor in their respective nominating petitions; and that the candidate for mayor receiving the greatest number of votes shall be elected and shall serve for a term of [4] four years.
(P.L.1981, c.465, s.34)
5. This act shall take effect immediately.
STATEMENT
This bill permits certain municipal reorganization meetings to be held on any day during the first week in July.
Under current law, municipal bodies whose members begin their term of office on July 1st must hold a reorganization meeting on July 1st following municipal elections. This requirement may present a conflict when, for instance, July 1st falls on a day when religious observances occur, thereby limiting the ability of an elected representative to attend and participate in the meeting. These meetings are significant, in part, because they are organized in order to select mayors or municipal managers and conduct other important municipal business as required by statute.
This bill would allow municipalities whose members begin their term of office on July 1st to hold a reorganization meeting on any day during the first week in July. By providing a multiple-day window, this plan accommodates personal conflicts while also ensuring that the municipal body will meet in a timely manner after an election. This bill would not affect the term of office of a member of a municipal governing body as elected by the voters of the municipality.
This bill reflects a similar plan under which a municipal government that is reorganized in January may schedule the reorganization meeting for any day during the first week in January. Although section 1 of P.L.1956, c.176 (C.40:45A-1) states that it applies to any municipality that reorganizes in January, this bill amends several statutes to clarify existing language in order to limit the potential for ambiguity or confusion as to the scope of this requirement.
