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A. Elections in General
N.J.S.A.
40:69A-150.
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17-2. The municipal election shall be held at the same place or places and conducted
in the same manner, so far as possible, as the general election, and the polls shall
be open from seven o'clock in the forenoon until eight o'clock at night at the prevailing
time. The election officers conducting such elections shall be those provided for
conducting the general election.
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N.J.S.A.
40:69A-151.
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17-3. Every municipal officer elected under any of the plans provided in this act
shall serve for the term of office specified in the plan and until his successor is
elected and qualified.
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C. Officers and Employees
N.J.S.A.
40:69A-163.
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17-14. No officer or employee elected or appointed in any municipality shall be interested
directly or indirectly in any contract or job for work or materials, or the profits
thereof, to be furnished or performed for the municipality, and no such officer or
employee shall be interested directly or indirectly in any contract or job for work
or materials or the profits thereof, to be furnished or performed, for any person
operating any interurban railway, street railway, gas works, waterworks, electric
light or power plant, heating plant, telegraph line, telephone exchange, or other
public utility within the territorial limits of such municipality.
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N.J.S.A.
40:69A-164.
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17-15. No officer or employee shall accept or receive, directly or indirectly, from
any person operating within the territorial limits of a municipality, any interurban
railway, street railway, gas works, waterworks, electric light or power plant, heating
plant, telegraph line, telephone exchange or other business using or operating under
a public franchise, any frank, free pass, free ticket or free service, or accept or
receive, directly or indirectly, from any person, any other service upon terms more
favorable than is granted to the public generally, except that such prohibition of
free transportation shall not apply to policemen or firemen in uniform. Nor shall
any free service to the municipal officials heretofore provided by any franchise or
ordinance be affected by this section.
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N.J.S.A.
40:69A-165.
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17-16. No candidate for office, appointment or employment, and no officer, appointee,
or employee in any municipality shall directly or indirectly give or promise any person
any office, position, employment, benefit or anything of value for the purpose of
influencing or obtaining the political support, aid or vote of any person, under the
penalty of being disqualified to hold the office or employment to which he may be
or may have been elected or appointed.
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N.J.S.A.
40:69A-166.
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17-17. Any person convicted of a crime or offense involving moral turpitude shall
be ineligible to assume any municipal office, position or employment in a municipality
governed pursuant to this act, and upon conviction thereof while in office shall forfeit
his office. Any person who shall violate any of the provisions of sections 17-14,
17-15 or 17-16 of this article shall upon conviction thereof in a court of competent
jurisdiction forfeit his office.
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N.J.S.A.
40:69A-167.
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17-18. If any person hereafter elected or appointed to any office or position in
a municipality governed under this act shall, after lawful notice or process, willfully
refuse or fail to appear before any court, any legislative committee, or the Governor,
or having appeared shall refuse to testify or to answer any question regarding the
property, government or affairs of the municipality, or regarding his nomination,
election, appointment or official conduct on the ground that his answer would tend
to incriminate him, or shall refuse to waive immunity from prosecution on account
of any such matter in relation to which he may be asked to testify, may be removed
from office by the governing body of the municipality in its discretion. Any person
removed from office pursuant to this section shall not thereafter be eligible for
election or appointment to any office or employment in such municipality.
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;adv=;6q;D. Recall
N.J.S.A.
40:69A-168.
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17-19. Any elective officer shall be subject to removal from office for cause connected
with his office, after he has served at least one year, upon the filing of a recall
petition and the affirmative vote of a majority of those voting on the question of
removal at any general, regular municipal or special election.
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N.J.S.A.
40:69A-169.
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17-20. A recall petition shall demand the removal of a designated incumbent, shall
be signed by qualified voters equal in number to at least twenty-five per centum (25%)
of the registered voters of the municipality, and shall be filed with the municipal
clerk. It shall set forth a statement of the cause upon which the removal is sought.
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N.J.S.A.
40:69A-170.
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17-21. The signatures to a recall petition need not all be appended to one paper
but each signer shall add to his signature his place of residence giving the street
and number or other sufficient designation if there shall be no street and number.
One of the signers to each such paper shall take an oath before an officer competent
to administer oaths that the statement therein made is true as he believes and that
each signature to the paper appended is the genuine signature of the person whose
name it purports to be. Within ten days from the date of filing the petition the municipal
clerk shall complete its examination and ascertain whether or not such petition is
signed by the requisite number of qualified voters, and shall, attach to the petition
his certificate showing the result of his examination. If by that certificate the
petition is shown to be insufficient it may be amended within ten days from the date
of said certificate. The municipal clerk shall, within five days after such amendment,
make a similar examination and determination of the amended petition, and if the certificate
shall show the same to be insufficient, it shall be returned to the person filing
it without prejudice to the filing of a new petition to the same effect.
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N.J.S.A.
40:69A-171.
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17-22. If the petition shall be sufficient the municipal clerk shall within two days
notify the mayor, councilman or councilmen whose recall is sought thereby. If such
notice cannot be served personally upon the mayor, councilman or councilmen affected,
service may be made by registered mail addressed to the officer's last known address.
If within five days after the service of the notice by the municipal clerk the mayor,
councilman or councilmen sought to be recalled by such petition do not resign, or
having tendered their resignation it shall not have been accepted by the municipal
council, the municipal clerk shall order and fix a date for holding a recall election
not less than sixty nor more than ninety days from the filing of the petition. Notice
of the filing of the petition and of the date of the election shall be posted for
public view in the office of the municipal clerk and he shall also insert the notice
forthwith in a newspaper published in the municipality, or if there be no such newspaper,
then in a newspaper having general circulation in such municipality.
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N.J.S.A.
40:69A-172.
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17-23. The ballots at the recall election shall conform to the requirements respecting
the election of municipal officers in the municipality, as provided in this article
or in Title 19 of the Revised Statutes (Elections), whichever shall apply in the municipality
in accordance with the provisions of this act, except that the words "recall election"
shall appear on the ballot. The recall features of the ballot shall appear at the
top thereof and shall be separated from the portion of the ballot for the election
of officers by a heavy black line. The proposal for recall shall be placed on the
ballot in the following manner:
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"Shall...(here insert name of incumbent) be removed from office by recall?" This
matter shall occupy two lines in boldface type. Immediately below the above wording
shall appear the phrase "for recall," and immediately underneath such phrase the words
"against recall." Immediately at the left of each of these two phrases shall be printed
a square, in which the voter may make a cross (X) or plus (+) or a check (v) mark.
Immediately below the foregoing shall appear the following:
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"Indicate your vote by placing a cross (X) or plus (+) or a check (v) mark in one
of the squares above."
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N.J.S.A.
40:69A-173.
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17-24. If the removal of more than one officer is sought the same provisions for
submitting to the electors the question and direction hereinbefore described shall
be repeated in the case of each officer concerned and their position on the ballot
for their recall shall be in the order of the filing of the petition with the municipal
clerk.
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N.J.S.A.
40:69A-174.
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17-25. The same ballot used for submitting the question or questions of recall shall
be used for election of a successor to the incumbent sought to be removed and immediately
under the black line following the recall question shall appear the phrase "Nominees
for successors of...(here insert name of incumbent) in the event he is recalled."
The names of all persons nominated as the successors shall be placed upon the ballot
in the same manner provided for other elections of municipal officers in the municipality.
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N.J.S.A.
40:69A-175.
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17-26. The provisions of this article or of Title 19 of the Revised Statutes (Elections),
whichever shall apply in the municipality in accordance with the provisions of this
act, concerning the nomination of municipal officers, preparation of the ballot, election
of municipal officers, counting and canvassing of the results of the election of such
officers, shall apply to the election for the recall of officers and the election
of their successors. Where the plan of government in effect in the municipality provides
for partisan elections, the county committee of each political party shall be authorized
to select a candidate for successor of a recalled incumbent in the same manner as
provided by Title 19 of the Revised Statutes for nominations to fill a vacancy after
the last day for filing petitions for nominations in the primary elections.
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N.J.S.A.
40:69A-176.
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17-27. The municipal clerk shall cause to be made due publication of notices of arrangements
for holding all recall elections and they shall be conducted as are other elections
for municipal officers in the municipality.
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N.J.S.A.
40:69A-177.
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17-28. (a) If a majority of votes in connection with the recall of any officer be
in favor of the recall, the term of office of such officer shall terminate upon the
certification of the results of election by the municipal clerk.
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(b) If the results of such recall election shall, by the certificate of the municipal
clerk, be shown to be against the recall of the officer he shall continue in office
as if no recall election had been held, and the vote for election for the successor
of such officer taken at the time of such attempted recall shall be void.
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N.J.S.A.
40:69A-178.
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17-29. If the office of the incumbent shall become vacant either by his resignation
or by the result of the recall election, his successor shall be the nominee receiving
the greatest number of votes at the recall election. The person so elected shall serve
for the remainder of the unexpired term.
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E. Local Legislation
N.J.S.A.
40:69A-179.
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17-30. The council shall by ordinance or resolution designate the time of holding
regular meetings, which shall be at least monthly. The mayor may, and upon written
request of a majority of the members of the council, shall, call a special meeting
of the council. In the call he shall designate the purpose of the special meeting
and no other business shall be considered. All meetings of the council shall be open
to the public. The municipal clerk shall keep a journal of its proceedings and record
the minutes of every meeting.
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N.J.S.A.
40:69A-180.
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17-31. (a) Council shall determine its own rules of procedure, not inconsistent with
ordinance or statute. A majority of the whole number of members of the council shall
constitute a quorum, but no ordinance shall be adopted by the council without the
affirmative vote of a majority of all the members of the council.
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(b) Each ordinance or resolution shall be introduced in written or typewritten form
and shall be read and considered as provided by general law. The vote upon every motion,
resolution or ordinance shall be taken by roll call and the yeas and nays shall be
entered on the minutes. The minutes of each meeting shall be signed by the officer
presiding at such meeting and by the municipal clerk.
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(c) The council at its organization meeting shall elect a president of the council
from among the members thereof and he shall preside at its meetings and perform such
other duties as the council may prescribe. In the absence of the president, the council
shall elect a temporary presiding officer. The compensation of the mayor, councilmen
and department heads shall be fixed by the council immediately after its organization.
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N.J.S.A.
40:69A-181.
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17-32. (a) Except as may otherwise be provided in this act, all ordinances shall
be adopted and published in the manner required by general law: provided, however,
that any ordinance may incorporate by reference any standard technical regulations
or code, official or unofficial, which need not be so published whenever ten copies
of said regulations or code have been placed on file in the office of the municipal
clerk and in the office of the body or department charged with the enforcement of
said ordinance for the examination of the public so long as said ordinance is in effect.
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(b) No ordinance other than the local budget ordinance shall take effect less than
twenty days after its final passage by council and approval by the mayor where such
approval is required, unless the council shall adopt a resolution declaring an emergency
and at least two-thirds of all the members of the council vote in favor of such resolution.
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N.J.S.A.
40:69A-182.
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17-33. The municipal clerk shall record all ordinances and resolutions adopted by
council and at the close of each year, with the advice and assistance of the municipal
attorney, shall bind, compile or codify all the ordinances and resolutions, or true
copies thereof, of the municipality which then remain in force and effect. He shall
also properly index the record books, compilation or codification of ordinances and
resolutions.
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N.J.S.A.
40:69A-183.
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17-34. No rule or regulation made by any department, officer, agency or authority
of the municipality, except such as relates to the organizations or internal management
of the municipal government or a part thereof, shall take effect until it is filed
either with the municipal clerk or in such other manner as may be provided by ordinance.
The council shall provide for the prompt publication of such rules and regulations.
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;adv=;6q;F. Initiative and Referendum
N.J.S.A.
40:69A-184.
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17-35. The voters of any municipality may propose any ordinance and may adopt or
reject the same at the polls, such power being known as the initiative. Any initiated
ordinance may be submitted to the municipal council by a petition signed (a) in the
case of municipalities of 70,000 or less inhabitants, by twenty-five per centum (25%)
of the registered voters of the municipality, and (b) in the case of municipalities
of more than 70,000 inhabitants, by fifteen per centum (15%) of the registered voters
of the municipality; except that in the case of municipalities in counties of the
first class having a population in excess of 800,000, any such initiated ordinance
may be submitted to the municipal council by a petition signed by voters of the municipality,
equal to, or in excess of, in numbers, fifteen per centum (15%) of the valid votes
cast in the municipality at the last preceding election for members of the General
Assembly.
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N.J.S.A.
40:69A-185.
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17-36. The voters shall also have the power of referendum which is the power to approve
or reject at the polls any ordinance submitted by the council to the voters or any
ordinance passed by the council against which a referendum petition has been filed
as herein provided. No ordinance passed by the municipal council, except when otherwise
required by general law or permitted by the provisions of section 17-32 (b) of this
act, shall take effect before twenty days from the time of its final passage and its
approval by the mayor where such approval is required. If within twenty days after
such final passage and approval of such ordinance a petition protesting against the
passage of such ordinance shall be filed with the municipal clerk and if the petition
shall be signed in the case of municipalities of 70,000 or less inhabitants by twenty-five
per centum (25%) of the registered voters of the municipality and in the case of municipalities
of more than 70,000 inhabitants, by fifteen per centum (15%) of the registered voters
of the municipality, or in the case of municipalities in counties of the first class
having a population in excess of 800,000, by voters of the municipality, equal to,
or in excess of, in numbers fifteen per centum (15%) of the valid votes cast in the
municipality at the last preceding election for members of the General Assembly, the
ordinance shall be suspended from taking effect until proceedings are had as herein
provided.
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N.J.S.A.
40:69A-186.
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17-37. All petition papers circulated for the purposes of an initiative or referendum
shall be uniform in size and style. Initiative petition papers shall contain the full
text of the proposed ordinance. The signatures to initiative or referendum petitions
need not all be appended to one paper, but to each separate petition there shall be
attached a statement of the circulator thereof as provided by this section. Each signer
of any such petition paper shall sign his name in ink or indelible pencil and shall
indicate after his name his place of residence by street and number, or other description
sufficient to identify the place. There shall appear on each petition paper the names
and addresses of five voters, designated as the Committee of the Petitioners, who
shall be regarded as responsible for the circulation and filing of the petition and
for its possible withdrawal as hereinafter provided. Attached to each separate petition
paper there shall be an affidavit of the circulator thereof that he, and he only,
personally circulated the foregoing paper, that all the signatures appended thereto
were made in his presence, and that he believes them to be the genuine signatures
of the persons whose names they purport to be.
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N.J.S.A.
40:69A-187.
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17-38. All petition papers comprising an initiative or referendum petition shall
be assembled and filed with the municipal clerk as one instrument. Within twenty days
after a petition is filed, the municipal clerk shall determine whether each paper
of the petition has a proper statement of the circulator and whether the petition
is signed by a sufficient number of qualified voters. After completing his examination
of the petition, the municipal clerk shall certify the result thereof to the council
at its next regular meeting. If he shall certify that the petition is insufficient
he shall set forth in his certificate the particulars in which it is defective and
shall at once notify at least two members of the Committee of the Petitioners of his
findings.
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N.J.S.A.
40:69A-188.
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17-39. An initiative or referendum petition may be amended at any time within ten
days after the notification of insufficiency has been served by the municipal clerk,
by filing a supplementary petition upon additional papers signed and filed as provided
in case of an original petition. The municipal clerk shall, within five days after
such an amendment is filed, examine the amended petition and, if the petition be still
insufficient, he shall file his certificate to that effect in his office and notify
the Committee of the Petitioners of his findings and no further action shall be had
on such insufficient petition. The finding of the insufficiency of a petition shall
not prejudice the filing of a new petition for the same purpose.
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N.J.S.A.
40:69A-189.
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17-40. Upon the filing of a referendum petition with the municipal clerk, the ordinance
shall be suspended until ten days following a finding by the municipal clerk that
the petition is insufficient or, if an amended petition be filed, until five days
thereafter; or, if the petition or amended petition be found to be sufficient, until
it be withdrawn by the Committee of the Petitioners or until repeal of the ordinance
by vote of the council or approval or disapproval of the ordinance by the voters.
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N.J.S.A.
40:69A-190.
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17-41. Upon a finding, by the municipal clerk that any petition or amended petition
filed with him in accordance with this act is sufficient, the clerk shall submit the
same to the municipal council without delay. An initiative ordinance so submitted
shall be deemed to have had first reading and provision shall be made for a public
hearing.
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N.J.S.A.
40:69A-191.
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17-42. If within sixty days of the submission of a certified petition by the municipal
clerk the council shall fail to pass an ordinance requested by an initiative petition
in substantially the form requested or to repeal an ordinance as requested by a referendum
petition, the municipal clerk shall submit the ordinance to the voters unless, within
ten days after final adverse action by the council or after the expiration of the
time allowed for such action, as the case may be, a paper signed by at least four
of the five members of the Committee of the Petitioners shall be filed with the municipal
clerk requesting that the petition be withdrawn. Upon the filing of such a request,
the original petition shall cease to have any force or effect.
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N.J.S.A.
40:69A-192.
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17-43. Any ordinance to be voted on by the voters in accordance with section 17-36
or section 17-42 of this article shall be submitted at the next general or regular
municipal election occurring not less than sixty days after the date of final action
by council or the expiration of the time allowed for action by council in section
17-42 of this article, as the case may be, provided that if no such election is to
be held within ninety days the council may in its discretion provide for a special
election.
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N.J.S.A.
40:69A-193.
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17-44. Any number of proposed ordinances may be voted upon at the same election in
accordance with the provisions of this article, but there shall not be more than one
special election in any period of six months for such purpose.
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N.J.S.A.
40:69A-194.
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17-45. Whenever an ordinance is to be submitted to the voters of the municipality
at any election in accordance with this article, the clerk shall cause the ordinance
to be published in at least two of the newspapers published or circulated in the municipality.
The publication shall be not more than twenty nor less than five days before the submission
of the ordinance or proposition to be voted on.
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N.J.S.A.
40:69A-195.
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17-46. The ballots to be used at such election shall be in substantially the following
form:
"To vote upon the public question printed below, if in favor thereof mark a cross
(X) or plus (+) or check (✓) in the square at the left of the word Yes, and if opposed
thereto mark a cross (X) or plus (+) or a check (v) in the square to the left of the
word No."
□YES
□NO
"Shall the ordinance (indicate whether submitted by council or initiative or referendum
petition) providing for (here state nature of proposed ordinance or proposition) be
adopted?"
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N.J.S.A.
40:69A-196.
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17-47. If a majority of the qualified electors voting on the proposed ordinance shall
vote in favor thereof, such ordinance shall thereupon become a valid and binding ordinance
of the municipality and be published as in the case of other ordinances. If the provisions
of two or more measures approved or adopted at the same election conflict, then the
measure receiving the greatest affirmative vote shall control.
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G. Wards
N.J.S.A.
40:69A-197.
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17-48. Whenever any municipality adopts articles 5, 6, 8, 11 or 12 of this act, said municipality shall be divided into wards by the ward commissioners
as hereinafter provided.
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N.J.S.A.
40:69A-198.
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17-49. The members of the county board of elections of the county in which such municipality
is situated, together with the municipal clerk of the municipality, shall constitute
the word commissioners.
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N.J.S.A.
40:69A-199.
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17-50. Within five days following the election at which the voters of the municipality
shall have adopted one of said optional plans, the word commissioners shall meet and,
having first taken and subscribed before some officer authorized to administer oaths,
an oath faithfully and impartially to perform the duties imposed upon them, shall
forthwith proceed to divide the municipality into such number of wards as is specified
in the adopted plan.
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N.J.S.A.
40:69A-200.
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17-51. The word commissioners shall fix and determine the ward boundaries so that
each ward is formed of compact and contiguous territory. The wards so created shall
not differ in population, according to the most recent Federal census, by more than
ten per centum (10%) of the population of the least populous ward created.
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N.J.S.A.
40:69A-201.
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17-52. Within thirty days after the adoption of one of said optional plans, the ward
commissioners shall make and file their report and certificate over at least three
of their signatures setting forth and properly describing the ward boundaries fixed
and determined, to which there shall be annexed a map of the municipality with the
ward boundaries clearly marked thereon.
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The report so certified shall be filed in the office of the clerk of the county,
and a copy thereof shall also be filed with the Secretary of State and in the office
of the clerk of the municipality.
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N.J.S.A.
40:69A-202.
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17-53. A notice of the ward boundaries as fixed and determined by the word commissioners
shall be published by the clerk of the municipality at least once m at least one newspaper
circulating in the municipality within two weeks immediately next succeeding the filing
of the report and certificate required by section 17-52 of this article.
Upon completion of the publication, the former wards, if any, shall be superseded,
and thereafter all officers elected or appointed in the municipality for or representing
the wards thereof shall be elected from or appointed for the wards fixed by the ward
commissioners hereunder.
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N.J.S.A.
40:69A-203.
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17-54. Within three months following each decennial Federal census, the ward commissioners
shall meet, in the manner heretofore provided in this article for the purpose of making
such adjustments in ward boundaries as shall be necessary pursuant to section 17-51
of this article. Within thirty days following such meeting, they shall discharge their
duties and report to the municipality in the same manner as provided in sections 17-52
and 17-53 of this article.
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N.J.S.A.
40:69A-204.
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17-55. All officers elected for existing wards in any municipality wherein ward lines
are changed pursuant to section 17-54 of this article, shall continue in office until
their respective terms of office shall expire and until their successors are elected
and qualified.
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H. Succession in Government
N.J.S.A.
40:69A-205.
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17-56. The schedule of installation of an optional plan adopted pursuant to this
act shall, as provided herein, take the following course:
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(a) An election to submit the question of adoption of an optional plan may be held
at any time in accordance with the provisions of article 1 of this act:
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(b) In the event of a favorable vote of the voters at the above election, the first
election of officers under the adopted plan shall take place on (1) the second Tuesday
in May occurring not less than seventy-five days next following the adoption of one
of the optional plans in municipalities adopting articles 3, 4, 9, 10, 13 or 14 of this act; (2) the second Tuesday in May occurring not less than one hundred twenty
days following the adoption of one of the optional plans in municipalities adopting
articles 5, 6, 11, or 12 of this act; (3) at the next general election occurring no less than seventy-five
days next following the adoption of one of the optional plans, in municipalities adopting
articles 7, 12A, 15, and 16 of this act; or (4) at the next general election occurring not less than one hundred
twenty days next following the adoption of one of the optional plans in municipalities
adopting article 8 of this act.
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Whenever a municipality has adopted any of the articles referred to in subsection
(3) above, within ten days, or subsection (4) within forty days, prior to the last
day fixed for the filing of nominating petitions for the primary election, the candidates
to be first elected shall be nominated in the manner provided by chapter 27 of Title
19 of the Revised Statutes with respect to the filling of certain vacancies in nominations
for county or municipal offices to be filled at the general election.
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(c) An optional plan shall take effect, in accordance with the further provisions
of this article at (1) twelve o'clock noon on the first day of July next following
the first election of officers in municipalities adopting articles 3 through 6, inclusive, or 9, 10, 11, 12, 13 or 14, of this act, or (2) twelve o'clock noon on the first day of January next following
the first election of officers in municipalities adopting articles 7, 8, 12A, 15 or 16 of this act.
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N.J.S.A.
40:69A-206.
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17-57. Upon the effective date of an optional charter adopted pursuant to this act,
any other charter and its amendments and supplements theretofore applicable to the
municipality shall be superseded with respect to such municipality. All ordinances
and resolutions of the municipality to the extent that they are not inconsistent with
the provisions of this act shall remain in full force and effect until modified or
repealed as provided by law.
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N.J.S.A.
40:69A-207.
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17-58. At 12 o'clock noon on the effective date of an optional plan adopted pursuant to this act,
all offices then existing in such municipality shall be abolished and the terms of
all elected and appointed officers shall immediately cease and determine; provided,
that nothing in this section shall be construed to abolish the office or terminate
the term of office of any member of the board of education, trustees of the free public
library, commissioners of a local housing authority, municipal judges or of any official
or employee now protected by any tenure of office law, or of any policeman, fireman,
teacher, principal or school superintendent whether or not protected by a tenure of
office law. If the municipality is operating under the provisions of Title 11 of the Revised Statutes (Civil Service) at the time of the adoption of an optional
plan under this act, nothing herein contained shall affect the tenure of office of
any person holding any position or office coming within the provisions of said Title 11 as it applies to said officers and employees. If the municipal clerk has, prior to
the effective date of the optional plan, acquired a protected tenure of office pursuant
to law, he shall become the first municipal clerk under the optional plan.
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Provision for officers and for the organization and administration of the municipal
government under the optional plan may be made by resolution pending the adoption
of ordinances, but any such resolution shall expire not later than 30 days after the
effective date of the optional plan.
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N.J.S.A.
40:69A-208.
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17-59. (a) No subordinate board, department, body, office, position or employment
shall be created and no appointments shall be made to any subordinate board, department
or body, or to any office, employment or position, including without limitation patrolmen
and firemen, between the date of election of officers and the date the newly elected
officers take office under any optional plan.
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(b) All actions and proceedings of a legislative, executive or judicial character
which are pending upon the effective date of an optional plan adopted pursuant to
this act may continue, and the appropriate officer or employee under such optional
plan shall be substituted for the officer or employee theretofore exercising or discharging
the functions, power or duty involved in such action or proceeding.
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I. General Provisions
N.J.S.A.
40:69A-209.
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17-60. If any clause, sentence, paragraph, section or part of this act shall be adjudged
by any court of competent jurisdiction to be invalid, such judgment shall not affect,
impair or invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, section or part thereof directly involved in the
controversy in which such judgment shall have rendered.
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N.J.S.A.
40:69A-210.
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17-61. This act shall be known as the Optional Municipal Charter Law.
17-62. This act shall take effect immediately.
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