N.J. Stat. tit. 40, ch. 85

in effect

N.J. Stat. § 40:85-1 After four years may abandon this form of government; procedure

Any municipality which shall have operated for more than four years under the provisions of the act entitled "An act relating to, regulating and providing for the government of municipalities, except counties, by a municipal council and a municipal manager," approved March nineteenth, one thousand nine hundred and twenty-three, or under the provisions of this subtitle, or both, may at any general election abandon such organization thereunder and may resume the form of government under the law under which it was being governed when said act or this subtitle was adopted. The procedure shall be as hereinafter in this chapter provided. Amended by L.1945, c. 2, p. 12, s. 1, eff. Jan. 23, 1945.

N.J. Stat. § 40:85-2 Petition for submission; proposition stated

A petition in writing signed by not less than twenty per cent of the electors appearing on the registry list at the previous general election shall be filed with the municipal clerk, requesting that the governing body of such municipality request the county clerk to place upon the general election ballot to be used in such municipality at the next general election the following question: "Shall the municipality (name of municipality) abandon its organization under the municipal manager form of government under subtitle 5 of the title Municipalities and Counties of the Revised Statutes (s. 40:79-1 et seq.), and resume the form of government under the law under which it was being governed when the municipal manager form of government was adopted?"

N.J. Stat. § 40:85-3 Petition; form and content

The petition shall be in substantially the following form: "To the municipal clerk of (name of municipality): "You are hereby requested to lay before the municipal council of the municipality of (name of municipality) forthwith the demand of the undersigned to request the county clerk to place upon the general ballot to be used at the next general election to be held in said municipality, the following public question: " 'Shall the municipality (name of municipality) abandon its organization under the municipal manager form of government under subtitle 5 of the title Municipalities and Counties of the Revised Statutes (s. 40:79-1 et seq.), and resume the form of government under the law under which it was being governed when the municipal manager form of government was adopted?' "

N.J. Stat. § 40:85-4 Petition; affidavit annexed

The petition shall have annexed thereto the following form of affidavit: State of New Jersey, ) ss. County of ............ ) ...................... , being duly sworn, according to law, upon his oath says that he is the person who procured the signatures on the foregoing petition; that the signatures therein are in the handwriting of the signers, and to the best of his knowledge and belief are the signatures of the persons purporting to sign the same."

N.J. Stat. § 40:85-5 Petition need not be on single paper; affidavit annexed

The petition need not be on a single sheet of paper but may be on any number of separate sheets of paper, for the purpose of more conveniently obtaining signatures. Each separate paper shall be in the form provided in section 40:85-3 of this title, and there shall be attached thereto an affidavit by the person who procured the signatures, declaring that the signatures thereon are in the handwriting of the signers, and to the best of his knowledge and belief are the signatures of the persons purporting to have signed the same. The affidavit may be sworn to before any officer competent to administer oaths.

N.J. Stat. § 40:85-6 Minor deviations permissible

No petition shall be rejected by the municipal clerk for any typographical deviation of the form provided herein or for any minor departure therefrom, but such petition shall be accepted if it substantially conforms to the form provided herein, the form being for the guidance of the parties.

N.J. Stat. § 40:85-7 Clerk to examine petitions; amendments

The municipal clerk shall examine the petition and within ten days of the date of its being filed with him, shall certify the same to the municipal council if the same is complete and regular, and if the same is not complete and regular, the same may be amended in any respect to cure the defects.

N.J. Stat. § 40:85-8 Municipal council to pass resolution to place question on ballot

The municipal council, upon receiving the petition shall, within five days, pass a resolution and forward it to the county clerk, requesting that the question be placed upon the general election ballot, as required by law, for submission of a public question.

N.J. Stat. § 40:85-9 County clerk to place question on ballot

The county clerk, upon receiving such request, shall place the question upon the general election ballot for such municipality at the next general election. The question shall be submitted in the form required by law for the submission of public questions.

N.J. Stat. § 40:85-10 Vote required for adoption; effect of adoption; certain officers unaffected

If the majority of the votes cast shall be in favor of the question, then the same shall be certified to by the county election officials as provided under the general election law, the municipal manager form of government shall be abolished in such municipality and the same to take effect on January first in the second year after the general election at which the question of abandoning the municipal manager form of government shall be adopted, and January first of the second year after said general election the terms of offices of all officials under the municipal manager form of government, whether elective or appointive, shall cease and determine, and such municipality shall become a municipality under the law under which it was governed prior to the adoption of the municipal manager form of government, but such change shall not in any manner or degree affect the property, right or liability of any nature of such municipality, but shall merely extend to such change in the form of government. Nothing herein contained shall be construed to affect in any way the term of office of any policeman, fireman or other employee of any police or fire department, veteran of any war, or other official or employee now protected by any tenure of office act. If the municipality is operating under the provisions of subtitle 3 of the title Civil Service (s. 11:19-1 et seq.), at the time of the abandonment of the municipal manager form of government therein, nothing herein contained relative to the termination of his term or to his dismissal or discharge shall apply to any person holding any position or office coming within the classified service of the civil service law.

N.J. Stat. § 40:85-11 Nomination, election of officers for new government.

40:85-11. At the primary election for the general election held in such municipality after the general election at which such question shall be adopted, the electors of such municipality shall nominate officials for the new form of government to take effect in the following January, and at the general election one year after the general election at which such question shall have been adopted, the electors of such municipality shall elect the officials under the form of government which shall take effect the following January. Amended 2005, c.136, s.66.

N.J. Stat. § 40:85-12 If rejected no petition for two years

If a majority of the votes cast at the election are against resuming the former government as provided in section 40:85-1 of this title no other petition for a change from the form of government then in force shall be filed in the municipality within two years thereafter, after which date, upon the presentation of another petition or request as provided in this chapter, the same procedure shall be had and the question of resuming the former form of government may be submitted to vote in the manner prescribed in this chapter.

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