Faulkner Act (New Jersey)
Encyclopedia
The Optional Municipal Charter Law or Faulkner Act (N.J.S.A. § 40:69A-1, et seq.) provides New Jersey
municipalities with a variety of models of local government. This legislation is called the Faulkner Act in honor of the late Bayard H. Faulkner
, former Mayor of Montclair, New Jersey
and chairman of the Commission on Municipal Government.
, Jersey City
, Camden
, Trenton
, Paterson
and Elizabeth
-- all govern under the provisions of the Faulkner Act. More than half of all New Jersey residents reside in municipalities with Faulkner Act charters.
In all Faulkner Act municipalities, regardless of the particular form, citizens enjoy the right of Initiative and referendum, meaning that proposed ordinances can be introduced directly by the people without action by the local governing body. This right is exercised by preparing a conforming petition
signed by 10% of the registered voters who turned out in the last general election in an odd-numbered year (i.e., the most recent General Assembly
election). Once the petition is submitted, the local governing body can vote to pass the requested ordinance, and if they refuse, it is then submitted directly to the voters.
, Township
, Borough
, Town
and Village
) and to expand on the reforms provided in the Walsh Act
and the 1923 Municipal Manager Law
.
As originally enacted in 1950, the Faulkner Act provided for three forms of government: Mayor-Council, Council-Manager and Small Municipality. Within each form, letter codes designated predefined aspects of each form and its individual arrangement of options, such as partisan or nonpartisan elections, concurrent or staggered terms, all at large or a combination of ward and at large seats.
In 1981, the Faulkner Act was significantly amended. The letter codes were eliminated, and the number of varieties within each plan was greatly increased. The Council-Manager plan was amended to include the option of having a mayor chosen by the electorate. A new form, Mayor-Council-Administrator, was added. Municipalities were also given greater flexibility to amend their Faulkner Act charter without having to place the entire charter on the ballot.
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
municipalities with a variety of models of local government. This legislation is called the Faulkner Act in honor of the late Bayard H. Faulkner
Bayard H. Faulkner
Bayard Hilton Faulkner was Mayor of Montclair, New Jersey , and chairman of the 1950 Commission on Municipal Government. The legislation crafted by this commission to update and reform New Jersey's municipal law is commonly called the Faulkner Act, named in his honor.-Biography:He was born on July...
, former Mayor of Montclair, New Jersey
Mayor of Montclair, New Jersey
Mayor of Montclair, New Jersey:*Jerry Fried 2008 to present.*Ed Remson 2004 to 2008.*Bob Russo 2000 to 2004.*Mary Veronica Mochary 1980 to 1984.*Matthew G. Carter 1968 to 1972. First African American mayor.*Harold Hayes circa 1966....
and chairman of the Commission on Municipal Government.
Overview
The Faulkner Act offers four basic plans (Mayor-Council, Council-Manager, Small Municipality and Mayor-Council-Administrator) and two procedures by which the voters of a municipality can adopt one of these plans. The Act provides many choices for communities with a preference for a strong executive and professional management of municipal affairs. Twenty-one percent of the municipalities in New Jersey, including the six most populous cities -- NewarkNewark, New Jersey
Newark is the largest city in the American state of New Jersey, and the seat of Essex County. As of the 2010 United States Census, Newark had a population of 277,140, maintaining its status as the largest municipality in New Jersey. It is the 68th largest city in the U.S...
, Jersey City
Jersey City, New Jersey
Jersey City is the seat of Hudson County, New Jersey, United States.Part of the New York metropolitan area, Jersey City lies between the Hudson River and Upper New York Bay across from Lower Manhattan and the Hackensack River and Newark Bay...
, Camden
Camden, New Jersey
The city of Camden is the county seat of Camden County, New Jersey. It is located across the Delaware River from Philadelphia, Pennsylvania. As of the 2010 United States Census, the city had a total population of 77,344...
, Trenton
Trenton, New Jersey
Trenton is the capital of the U.S. state of New Jersey and the county seat of Mercer County. As of the 2010 United States Census, Trenton had a population of 84,913...
, Paterson
Paterson, New Jersey
Paterson is a city serving as the county seat of Passaic County, New Jersey, United States. As of the 2010 United States Census, its population was 146,199, rendering it New Jersey's third largest city and one of the largest cities in the New York City Metropolitan Area, despite a decrease of 3,023...
and Elizabeth
Elizabeth, New Jersey
Elizabeth is a city in Union County, New Jersey, United States. As of the 2010 United States Census, the city had a total population of 124,969, retaining its ranking as New Jersey's fourth largest city with an increase of 4,401 residents from its 2000 Census population of 120,568...
-- all govern under the provisions of the Faulkner Act. More than half of all New Jersey residents reside in municipalities with Faulkner Act charters.
In all Faulkner Act municipalities, regardless of the particular form, citizens enjoy the right of Initiative and referendum, meaning that proposed ordinances can be introduced directly by the people without action by the local governing body. This right is exercised by preparing a conforming petition
Petition
A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer....
signed by 10% of the registered voters who turned out in the last general election in an odd-numbered year (i.e., the most recent General Assembly
New Jersey General Assembly
The New Jersey General Assembly is the lower house of the New Jersey Legislature.Since the election of 1967 , the Assembly has consisted of 80 members. Two members are elected from each of New Jersey's 40 legislative districts for a term of two years, each representing districts with average...
election). Once the petition is submitted, the local governing body can vote to pass the requested ordinance, and if they refuse, it is then submitted directly to the voters.
History
The Faulkner Act was created to provide municipalities with greater flexibility than provided in New Jersey's traditional forms of government (CityCity (New Jersey)
A City in the context of New Jersey local government refers to one of five types and one of eleven forms of municipal government....
, Township
Township (New Jersey)
A township, in the context of New Jersey local government, refers to one of five types and one of eleven forms of municipal government. As a political entity, a township is a full-fledged municipality, on par with any town, city, borough, or village, collecting property taxes and providing...
, Borough
Borough (New Jersey)
A borough in the context of New Jersey local government refers to one of five types and one of eleven forms of municipal government....
, Town
Town (New Jersey)
A Town in the context of New Jersey local government refers to one of five types and one of eleven forms of municipal government...
and Village
Village (New Jersey)
A Village in the context of New Jersey local government, refers to one of five types and one of eleven forms of municipal government.The Village Act of 1891 defined the form of government to consist of a five-member board of trustees to be elected to three-year staggered terms. One member serves...
) and to expand on the reforms provided in the Walsh Act
Walsh Act (New Jersey)
The Walsh Act is legislation in the U.S. state of New Jersey that permits municipalities to adopt a non-partisan commission form of government. The legislation was signed by Governor of New Jersey Woodrow Wilson on April 25, 1911. The commissions in Walsh Act municipalities are composed of either...
and the 1923 Municipal Manager Law
1923 Municipal Manager Law
The 1923 Municipal Manager Law was the last type of reformed municipal government the State of New Jersey introduced in the progressive era. The law introduced to New Jersey the council-manager form of government first developed in Sumter, South Carolina....
.
As originally enacted in 1950, the Faulkner Act provided for three forms of government: Mayor-Council, Council-Manager and Small Municipality. Within each form, letter codes designated predefined aspects of each form and its individual arrangement of options, such as partisan or nonpartisan elections, concurrent or staggered terms, all at large or a combination of ward and at large seats.
In 1981, the Faulkner Act was significantly amended. The letter codes were eliminated, and the number of varieties within each plan was greatly increased. The Council-Manager plan was amended to include the option of having a mayor chosen by the electorate. A new form, Mayor-Council-Administrator, was added. Municipalities were also given greater flexibility to amend their Faulkner Act charter without having to place the entire charter on the ballot.
Forms of Government
There are four forms available to municipalities through the Faulkner Act:- The Mayor-CouncilFaulkner Act (Mayor-Council)The Faulkner Act, or Optional Municipal Charter Law, provides for New Jersey municipalities to adopt a Mayor-Council government.This form of government provides for election of a mayor and five, seven, or nine council members...
form features a mayor with strong powers. Municipalities under this plan establish three to ten executive departments, headed by a director appointed by the mayor with the consent of the council.
- The Council-ManagerFaulkner Act (Council-Manager)The Faulkner Act, or Optional Municipal Charter Law, provides for New Jersey municipalities to adopt a Council-Manager government.The council consists of 5, 7, or 9 members elected by the public...
plan places complete responsibility for municipal affairs in the council. The council appoints a municipal manager who is the chief executive with broad authority. While the Council-Manager plan is quite similar to the 1923 Municipal Manager Law1923 Municipal Manager LawThe 1923 Municipal Manager Law was the last type of reformed municipal government the State of New Jersey introduced in the progressive era. The law introduced to New Jersey the council-manager form of government first developed in Sumter, South Carolina....
, the Faulkner Act version does not provide tenure for the Municipal Manager, who can be removed by a vote of the Council.
- The Small MunicipalityFaulkner Act (Small Municipality)The Faulkner Act, or Optional Municipal Charter Law, provides for New Jersey municipalities to adopt a Small Municipality form of government...
plan can be adopted by communities with a population of fewer than 12,000. All legislative powers are vested in the council with the mayor presiding over council sessions and having both voice and vote. The Small Municipality form is essentially a blend of the features in the traditional BoroughBorough (New Jersey)A borough in the context of New Jersey local government refers to one of five types and one of eleven forms of municipal government....
and TownshipTownship (New Jersey)A township, in the context of New Jersey local government, refers to one of five types and one of eleven forms of municipal government. As a political entity, a township is a full-fledged municipality, on par with any town, city, borough, or village, collecting property taxes and providing...
forms of government.
- The Mayor-Council-AdministratorFaulkner Act (Mayor-Council-Administrator)The Faulkner Act, or Optional Municipal Charter Law, provides for New Jersey municipalities to adopt a Mayor-Council-Administrator form of government....
form is largely the BoroughBorough (New Jersey)A borough in the context of New Jersey local government refers to one of five types and one of eleven forms of municipal government....
form with the addition of an appointed professional administrator. Unlike the three other Faulkner Act plans, the Mayor-Council-Administrator offers no optional variations in structure.