Faulkner Act: Difference between revisions

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{{other uses|Faulkner (disambiguation)}}
{{More citations needed|date=April 2014}}
{{Use mdy dates|date=January 2024}} {{Use American English|date=January 2024}}
 
{{NJmunigov}}
The '''Optional Municipal Charter Law''' or '''Faulkner Act''' ({{Cite NJSA|title=40|chapter=69A|section=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]], U.S., and former 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.<ref>{{cite web|last1=WOLFEWolfe|first1=ALBERTAlbert J.|title=A HISTORYHistory OFof MUNICIPALMunicipal GOVERNMENTGovernment INin NEWNew JERSEYJersey SINCESince 1798 |url=http://www.njslom.org/history_municipal_govt.pdf|publisher=New Jersey League of Municipalities|access-date=16 December 2017|archive-url=https://web.archive.org/web/20060922214226/http://www.njslom.org/history_municipal_govt.pdf|archive-date=22 September 2006|url-status=dead}}</ref> 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 four most populous cities ([[Newark, New Jersey|Newark]], [[Jersey City, New Jersey|Jersey City]], [[Paterson, New Jersey|Paterson]] and [[Elizabeth, New Jersey|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 [[initiatives and referendums in the United States|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. the most recent [[New Jersey General Assembly|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.
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|[[Montclair, New Jersey|Montclair]]
|[[Essex County, New Jersey|Essex County]]
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|[[Montgomery Township, New Jersey|Montgomery Township]]
|[[Somerset County, New Jersey|Somerset County]]
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|[[Moorestown Township, New Jersey|Moorestown Township]]
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|[[Randolph Township, New Jersey|Randolph Township]]
|[[Morris County, New Jersey|Morris County]]
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|[[Red Bank, New Jersey|Red Bank Borough]]
|[[SomersetMonmouth County, New Jersey|SomersetMonmouth County]]
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|[[Ridgewood, New Jersey|Ridgewood]]
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The Mayor exercises executive power of the municipality; however council may create an administrator by ordinance.
 
In a July 2011 report, the [[Rutgers University]] Center for Government Studies listed 18 municipalities as operating under the Faulkner Act small municipality form of government:<ref>[https://cgs.rutgers.edu/sites/cgs.rutgers.edu/files/documents/resources/rc_munichart_inventory_2011.pdf ''Inventory of Municipal Forms of Government in New Jersey''] {{Webarchive|url=https://web.archive.org/web/20220406185018/https://cgs.rutgers.edu/sites/cgs.rutgers.edu/files/documents/resources/rc_munichart_inventory_2011.pdf |date=April 6, 2022 }}, [[Rutgers University]] Center for Government Studies, July 1, 2011. Accessed November 18, 2019.</ref>
 
* [[Allamuchy Township, New Jersey]]
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[[Category:New Jersey statutes]]
[[Category:1950 in New Jersey]]
[[Category:1950 in American law]]
[[Category:Local government legislation]]
[[Category:History of local government in the United States]]