Bill Text: NJ A4054 | 2018-2019 | Regular Session | Introduced
Bill Title: Provides for payment of balance of salary to municipal administrator to be withheld if removed immediately for "good cause."
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-06-04 - Introduced, Referred to Assembly State and Local Government Committee [A4054 Detail]
Download: New_Jersey-2018-A4054-Introduced.html
Sponsored by:
Assemblyman JON M. BRAMNICK
District 21 (Morris, Somerset and Union)
SYNOPSIS
Provides for payment of balance of salary to municipal administrator to be withheld if removed immediately for "good cause."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the removal of a municipal administrator from office and amending N.J.S.40A:9-138 and P.L.1981, c.465.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.40A:9-138 is amended to read as follows:
40A:9-138. The municipal administrator may be removed by a 2/3 vote of the governing body. The resolution of removal shall become effective 3 months after its adoption by the governing body. The governing body may provide that the resolution shall have immediate effect; provided, however, that the governing body shall cause to be paid to the administrator forthwith any unpaid balance of [his] the administrator's salary, and [his] the administrator's salary for the next 3 calendar months following adoption of the resolution unless the administrator is removed for good cause. For the purposes of this section, "good cause" means accusation of a crime or offense involving moral turpitude or the violation of any code of ethics in effect within the municipality.
In the case of removal for good cause, payment only shall be made if a court of competent jurisdiction renders its final adjudication and finds that no crime or offense was committed. If the act upon which removal for good cause is based does not warrant intervention by the court, payment only shall be made following a finding of no wrongdoing issued as the result of an investigation by a competent and disinterested party.
(cf: N.J.S.40A:9-138)
2. Section 36 (16A-9) of P.L.1981, c.465 (C.40:69A-149.9) is amended to read as follows:
16A-9. 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, but in that case the council shall cause to be paid to the administrator forthwith any unpaid balance of [his] the administrator's, salary and [his] the administrator's, 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] means accusation 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.
In the case of removal for good cause, payment only shall be made if a court of competent jurisdiction renders its final adjudication and finds that no crime or offense was committed. If the act upon which removal for good cause is based does not warrant intervention by the court, payment only shall be made following a finding of no wrongdoing issued as the result of an investigation by a competent and disinterested party.
(cf: P.L.1985, c.458, s.2)
3. This act shall take effect immediately.
STATEMENT
This bill amends N.J.S.40A:9-138 and provides that in the case of immediate removal of a municipal administrator by means of a resolution passed by at least two-thirds of the governing body, any unpaid balance of the administrator's salary, and the administrator's salary for the next three calendar months may be withheld following adoption of the resolution provided that the municipal administrator was removed for "good cause." This bill defines "good cause" as an accusation of a crime or offense involving moral turpitude or the violation of any code of ethics in effect within the municipality.
This bill also amends P.L.1981, c.465 and defines "good cause" as an accusation 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.
In the event of immediate removal of the municipal administrator this bill provides that payment shall be made when a court of competent jurisdiction renders its final adjudication and finds that no crime or offense was committed. If the act upon which removal for good cause is based does not warrant intervention by the court, payment shall only be made following a finding of no wrongdoing issued as the result of an investigation by a competent and disinterested party.
