Municipal Council of Newark v. James

873 A.2d 544, 183 N.J. 361, 2005 N.J. LEXIS 585
CourtSupreme Court of New Jersey
DecidedMay 24, 2005
StatusPublished
Cited by16 cases

This text of 873 A.2d 544 (Municipal Council of Newark v. James) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Municipal Council of Newark v. James, 873 A.2d 544, 183 N.J. 361, 2005 N.J. LEXIS 585 (N.J. 2005).

Opinion

*363 Justice RIVERA-SOTO

delivered the opinion of the Court.

In our representative democracy, clashes of authority between branches of government are the means by which the tensions among them are defined and, ultimately, resolved. This appeal presents one such conflict, pitting the Municipal Council of the City of Newark against its Mayor.

We hold that, under the circumstances presented here, the statutory scheme of the Optional Municipal Charter Law, N.J.S.A. 40:69A-1 to -210 (the Faulkner Act), under which the City of Newark is organized, allocates the responsibility for initiating, negotiating, and signing contracts to the mayor of the municipality, while the city council is charged with approving or rejecting the contracts presented to it by the mayor.

I.

A.

“The Faulkner Act is an elective statutory scheme that authorizes participating municipalities to choose [from among] four plans of government that are set forth in the Act.” McCann v. Clerk of City of Jersey City, 167 N.J. 311, 324, 771 A.2d 1123 (2001). Specifically, “[t]he Faulkner Act was created with the intent to confer upon municipalities the greatest possible power of local self-government consistent with the Constitution of this State____” Id. at 328, 771 A.2d 1123 (quoting Casamasino v. City of Jersey City, 158 N.J. 333, 342, 730 A.2d 287 (1999)). At its foundation,

the Faulkner Act creates four optional forms of municipal government — the mayor-council plan, N.J.S.A. 40:69A-31 to -67; the council-manager plan, N.J.S.A. 40:69A-81 to -98; the small municipality plan, N.J.S.A. 40:69A-115 to -132; and the mayor-council-administration plan, N.J.S.A. 40:69A-149.1 to -149.16. Each Faulkner Act form of government “divides up the ‘bundle of rights’ [afforded under the Constitution] differently, presumably so as to be the most effective in meeting the needs of a municipality’s inhabitants.”
[Id. at 330, 771 A.2d 1123 (citation omitted).]

*364 Pursuant to a referendum adopted in 1953 by the voters of the City of Newark and effective July 1, 1954, the City of Newark’s municipal government is organized under the mayor-council plan C form of government set forth in Sections 60.1 through 60.7 of the Faulkner Act. N.J.S.A 40:69A-60.1 to -60.7. The unique characteristics of the Faulkner Act’s mayor-council plan bear special note:

That plan is distinguishable from the other options because it is “quite close to the presidential or gubernatorial form in its concentration of power in the hands of a highly-visible, independently-elected Chief Executive who has substantial power over the administration.” The mayor in a Faulkner mayor-council plan is elected by popular vote to a four-year term.....
The mayor’s authority under the Faulkner Act’s mayor-council plan is, therefore, substantial, and “[i]t is no accident that this plan has been adopted by virtually all of New Jersey’s largest municipalities — places in which there is a need for visible, effective leadership to pursue programs with the full support of the administration.”---- The office of Mayor in Jersey City, as in other large cities that have adopted the Faulkner Act, is one of the most powerful municipal offices in this State, created pursuant to a law that was designed to provide municipalities with unique authority and flexibility to organize municipal governments according to local preferences.
[McCann v. Clerk of City of Jersey City, supra, 167 N.J. at 330-31, 771 A.2d 1123 (citations omitted).]

Generally, the mayor-council plan under the Faulkner Act provides that “[e]ach municipality ... shall be governed by an elected council, and an elected mayor....”, N.J.S.A. 40:69A-32(a), and that “unless the explicit terms and context of the statute require a contrary construction, any administrative or executive functions assigned by general law to the governing body shall be exercised by the mayor, and any legislative and investigative functions assigned by general law to the governing body shall be exercised by the council.” N.J.S.A. 40:69A-32(b).

More specifically, under the mayor-council plan, the Faulkner Act allocates to the mayor “[t]he executive power of the municipality”, N.J.S.A 40:69A-39, and in detail assigns to the mayor the duty to:

a. Enforce the charter and ordinances of the municipality and all general laws applicable thereto;
*365 b. Report annually to the council and to the public on the state of the municipality, and the work of the previous year; he shall also recommend to the council whatever action or programs he deems necessary for the improvement of the municipality and the welfare of its residents. He may from time to time recommend any action or programs he deems necessary or desirable for the municipality to undertake;
c. Supervise, direct and control all departments of the municipal government and shall require each department to make an annual and such other reports on its work as he may deem desirable;
d. Require such reports and examine such accounts, records and operations of any board, commission or other agency of municipal government, as he deems necessary;
e. Prepare and submit to the council for its consideration and adoption an annual operating budget and a capital budget, establish the schedules and procedures to be followed by all municipal departments, offices and agencies in connection therewith, and supervise and administer all phases of the budgetary process;
f. Supervise the care and custody of all municipal property, institutions and agencies, and make recommendations concerning the nature and location of municipal improvements and execute improvements determined by the governing body;
g. Sign all contracts, bonds or other instruments requiring consent of the municipality;
h. Review, analyze and forecast trends of municipal services and finances and programs of all boards, commissions, agencies and other municipal bodies, and report and recommend thereon to the council;
i. Supervise the development, installation and maintenance of centralized budgeting, personnel and purchasing procedures as may be authorized by ordinance;
j.

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Bluebook (online)
873 A.2d 544, 183 N.J. 361, 2005 N.J. LEXIS 585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/municipal-council-of-newark-v-james-nj-2005.