N.J. Stat. tit. 40, ch. 46

in effect

N.J. Stat. § 40:46-39 Optional Municipal Key Positions Law; short title

This act shall be known as the "Optional Municipal Key Positions Law." L.1950, c. 211, p. 524, s. 1, eff. June 8, 1950.

N.J. Stat. § 40:46-40 Adoption of act

Any municipality may, by referendum as hereinafter provided, adopt the provisions of this act and be governed thereby. L.1950, c. 211, p. 524, s. 2, eff. June 8, 1950.

N.J. Stat. § 40:46-41 Definitions

For the purposes of this act, unless the context clearly requires another meaning: (a) "Committee" shall mean the Committee on Certification of Local Officers created by this act. (b) "Appointing authority" shall mean any officer, board or governing body of any municipality empowered to make appointments. (c) "Key position" shall mean the following offices or positions in a municipality governed under this act: municipal clerk; tax assessor, or board of assessors; tax collector (or receiver of taxes) by whatever title he may be known; and such other appointive officers as may by general law now or hereafter have or be entitled to acquire any protection against removal in their tenure of office, provided that key positions shall not include policemen, firemen, teachers and other school district employees and any person holding any office or position for which a license is or may be required by law prior to appointment. L.1950, c. 211, p. 524, s. 3, eff. June 8, 1950.

N.J. Stat. § 40:46-42 Certificate of qualification

In any municipality governed under this act, no person holding a key position in such municipality shall hereafter acquire any protected tenure of office provided by general law unless and until he shall have obtained a certificate of qualification as herein provided. L.1950, c. 211, p. 525, s. 4, eff. June 8, 1950.

N.J. Stat. § 40:46-43 Committee on Certification of Local Officers

There is hereby created a Committee on Certification of Local Officers. The committee shall consist of the Director of the State Division of Local Government and four municipal officials to be appointed by the Governor to serve for a term of four years and until the appointment and qualification of their respective successors. No member shall receive any additional compensation for service on the committee; but members shall be reimbursed out of funds appropriated to the Department of Local Government for necessary expenses incurred in pursuance of duties as members of the committee. The committee shall organize, adopt rules of procedure, and shall annually select one of its members as chairman. L.1950, c. 211, p. 525, s. 5, eff. June 8, 1950.

N.J. Stat. § 40:46-44 Duties; standards of proficiency; certificates of qualification; training programs

Subject to the provisions of this act and other applicable laws, the committee shall: (a) establish and define standards of proficiency and competence for key positions, not inconsistent with the provisions of law; (b) provide and issue certificates of qualification to applicants who have successfully taken such noncompetitive examinations and met such standards of character, health, training and achievement as the committee may determine to be reasonably required for fully competent performance of the duties of each key position with due regard to the nature and character of the work and to the training and achievement of persons generally engaged in such work; (c) formulate or propose in-service training programs for persons holding key positions; (d) have such other powers and perform such other duties as may be prescribed by this act, or otherwise by law. L.1950, c. 211, p. 525, s. 6, eff. June 8, 1950.

N.J. Stat. § 40:46-45 Examination of applicants; certificates of qualification

Upon request of any person holding a key position in any municipality governed under the provisions of this act who has served in such key position for a period of at least ten years from the date of his appointment, the committee shall within a reasonable time examine such applicant and issue certificates of qualification to those found qualified. The committee may require attendance upon and successful completion of one or more programs of in-service training for the certificate of qualification authorized by this act. L.1950, c. 211, p. 526, s. 7, eff. June 8, 1950.

N.J. Stat. § 40:46-46 Powers of committee

For the purposes of this act, the committee may: (a) use the facilities of State departments as may be necessary or desirable to carry out any of the purposes or requirements of this act; (b) use such municipal, school, and other public buildings, facilities and personnel as may be made available to it; (c) make, modify, amend and repeal such rules and regulations as may be necessary to carry out the purposes of this act; (d) issue certificates of proficiency, training, or qualification signed by the chairman of the committee and attested by the Secretary of State; (e) appoint advisory committees to serve without compensation, and designate specially qualified persons to assist the committee for a limited period; (f) designate an executive secretary within the Department of Local Government and appoint such other personnel as may be required for the performance of its functions pursuant to this act within the limits of the available appropriations. L.1950, c. 211, p. 526, s. 8, eff. June 8, 1950.

N.J. Stat. § 40:46-47 Delegation of powers and duties; information and assistance; examination fees

The committee may delegate such of its functions, powers, and duties as it may deem appropriate to its executive secretary, or to other officers and employees of the State. The committee may call upon any State department, institution or agency, and upon any county or municipal official for information, assistance, or services in furtherance of the purposes of this act; and it shall be the duty of the State, county and municipal officials to cooperate fully with the committee in furnishing information, assistance or services. The committee may in its discretion establish an examination fee to be charged applicants for certificates of qualification, in an amount not exceeding ten dollars ($10.00), and all such fees shall be paid into the State Treasury pursuant to law. L.1950, c. 211, p. 527, s. 9, eff. June 8, 1950.

N.J. Stat. § 40:46-48 Form of tests

Tests as required by this act may be written, oral, physical or in the form of demonstration or evidence of education or skill, or any combination of these, and shall be of such character as fairly to test and determine the qualifications, fitness and ability of the person tested actually to perform the duties of the position for tenure in which he seeks to qualify. L.1950, c. 211, p. 527, s. 10, eff. June 8, 1950.

N.J. Stat. § 40:46-49 Offenses

Any person who, for the purpose of defeating, or obstructing the provisions and purpose of this act, shall: (a) willfully, by himself or in co-operation with one or more persons defeat, deceive or obstruct a person in respect to his right of taking a test for a certificate of qualification; or (b) willfully or corruptly or falsely mark, rate, grade, estimate or report upon the test or proper standing of a person tested, or aid in so doing or willfully make any false representation concerning the same or the person tested; or (c) willfully and corruptly furnish to a person special or secret information for the purpose of either improving or injuring the prospects or chances of a person tested or certified or being tested or certified; or (d) willfully impersonate another person or permit or aid another person to impersonate him in any test or appointment or request to be tested, certified or appointed; shall be guilty of a misdemeanor. L.1950, c. 211, p. 527, s. 11, eff. June 8, 1950.

N.J. Stat. § 40:46-50 Exemption of positions from provisions of act

Key positions shall be exempt from the provisions of this act when the key positions are within the classified service of the civil service in any municipality operating under Title 11, Civil Service, of the Revised Statutes. No municipal manager, deputy municipal manager or business administrator who serves also in a key position shall acquire tenure in such key position while he is manager, deputy manager or business administrator. L.1950, c. 211, p. 528, s. 12, eff. June 8, 1950.

N.J. Stat. § 40:46-51 Retirement at 70 or for disability

Any person who hereafter acquires tenure in a key position may, upon reasonable notice, be retired from active service in such position by action of the governing body of the municipality at any time after he has reached the age of seventy years, or prior to that age if he has become so incapacitated as substantially to prevent him from performing the duties of his office. The Committee on Certification of Local Officers shall adopt reasonable regulations for giving notice of intention to retire a key official, for establishing a procedure for determining incapacity and for recalling retired persons to temporary or part-time service in connection with the work of their respective offices. L.1950, c. 211, p. 528, s. 13, eff. June 8, 1950.

N.J. Stat. § 40:46-52 Adoption of act

The qualified voters of any municipality may adopt this act at any regular municipal or general election or at any election at which they vote on the adoption of any of the optional forms of government provided by the Optional Municipal Charter Law. Upon recommendation of a charter commission constituted pursuant to the Optional Municipal Charter Law or upon petition in writing of ten per centum (10%) of the registered voters of a municipality filed with the municipal clerk, the clerk shall submit the question to the voters. If there is an election pending on the adoption of one of the said optional forms of government not less than sixty days after the filing of the petition or recommendation of the charter commission, the clerk shall submit the question at said election. If no such election of an optional form of government is pending the clerk shall submit the question of the adoption of this act at the next regular municipal or general election to be held not less than sixty days after the filing of the petition or the recommendation of the charter commission. In any case he shall give public notice of the submission of the question by publication in one or more newspapers published in the municipality, if there be one published in the municipality; if not, then in one or more newspapers published in the county in which the municipality is located, to be designated by the clerk, once a week for at least four weeks, and by posting such notice in five of the most public places in the municipality for at least four weeks before the election. The question of adoption of this act shall be submitted as other public questions, and shall be stated as follows: Shall the Optional Municipal Key Positions Act be adopted by (insert name of municipality)? L.1950, c. 211, p. 528, s. 14, eff. June 8, 1950.

N.J. Stat. § 40:46-53 Act operative on favorable vote

The municipal clerk shall certify the results of the election to the legislative body of the municipality at its first meeting thereafter, enter the same at large in its minutes and certify the same to the Secretary of State. If it appears by the certificate of the clerk that a majority of the votes cast on the question are in favor of the adoption of this act, the act shall be operative in such municipality. L.1950, c. 211, p. 529, s. 15, eff. June 8, 1950.

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