Bill Text: NJ S1485 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires affirmative vote of majority of full membership of municipal council in mayor-council form of government to approve contracts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-22 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S1485 Detail]
Download: New_Jersey-2010-S1485-Introduced.html
Sponsored by:
Senator RONALD L. RICE
District 28 (Essex)
SYNOPSIS
Requires affirmative vote of majority of full membership of municipal council in mayor-council form of government to approve contracts.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the approval of contracts by certain municipalities and amending P.L.1950, c.210.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3-6 of P.L.1950, c.210 (C.40:69A-36) is amended to read as follows:
3-6. The legislative power of the municipality shall be exercised by the municipal council, subject to the procedures set forth in this plan of government. Legislative powers shall be exercised by ordinance, except for the exercise of those powers that, under this plan of government or general law, do not require action by the mayor as a condition of approval for the exercise thereof, and may, therefore, be exercised by resolution, including, but not limited to:
a. The override of a veto of the mayor;
b. The exercise of advice and consent to actions of the mayor;
c. The conduct of a legislative inquiry or investigation;
d. The expression of disapproval of the removal by the mayor of officers or employees;
e. The removal of any municipal officer for cause;
f. The adoption of rules for the council;
g. The establishment of times and places for council meetings;
h. The establishment of the council as a committee of the whole and the delegation of any number of its members as an ad hoc committee;
i. The declaration of emergencies respecting the passage of ordinances;
j. The election, appointment, setting of salaries and removal of officers and employees of the council, subject to any pertinent civil service requirements and any pertinent contractual obligations, and within the general limits of the municipal budget;
k. Designation of official newspapers;
l. Approval of contracts presented by the mayor, which shall be by affirmative vote of a majority of the full membership of the council;
m. Actions specified as resolutions in the "Local Budget Law" (N.J.S.40A:4-1 et seq.) and the "Local Fiscal Affairs Law" (N.J.S.40A:5-1 et seq.); and
n. The expression of council policies or opinions which require no formal action by the mayor.
(cf: P.L.1985, c.374, s.2)
2. This act shall take effect immediately.
STATEMENT
This bill clarifies that adoption of a resolution approving a contract submitted by the mayor of a municipality operating under the mayor-council form must be by affirmative vote of a majority of the full membership of the municipal council. Current law is silent as to whether a majority of the full membership is required, or whether a majority of a bare minimum quorum suffices.
For example, in a municipality with nine council members, a quorum would be present with only five council members at a meeting. Under current law it is possible that a contract then could be approved by four of those five council members, which is less than a majority of the full membership of council. The bill makes clear that in this case at least five votes would be required to adopt a resolution approving a contract submitted by the mayor. Requiring the vote of a majority of council members to approve a contract submitted by the mayor reinforces the concept of separation of powers since a minority faction of council aligned with the mayor would not be able to control municipal contracts.
