Overview
Types of Municipal Government
Municipal Courts
Municipal Governments in
New Jersey--Overview
New Jersey is divided into 566 incorporated municipalities for purposes
of local government; there are no unincorporated areas. New Jersey has
a strong "home rule" history -- a reliance on county and municipal government
to meet the needs of its citizens. Even so, the right to govern resides
at the state level and state statutes delegate powers to municipalities.
Within the parameters set by the legislature, municipalities determine
their form of government. A municipality's name (city, borough, township,
town or village) is not necessarily an indication of its form of government.
All municipalities have a policy-making body (council, committee, commission
or board of trustees) and a mayor as formal executive (in village form
the title is president). The relationship between mayor and policy-making
body varies with the form of municipal government. Communities may have
an elected executive to manage day-to-day affairs or an appointed administrator.
Municipalities may elect officials at-large, by wards or a combination
of the two in either partisan or nonpartisan elections.
Types
of Municipal Government
There are eleven specific forms of municipal government in the statutes,
seven based on historical forms of local government and four based on
the Faulkner Act. The two most used forms of municipal government which
are not Faulkner Act plans are the borough and the township forms of
government.
- The borough system is a weak mayor and council system with
partisan elections; council performs most legislative and executive
functions. This form of local government is used by 39% of the municipalities.
- The township form consists of a three to five member township
committee usually elected at-large in partisan elections. At its organization
the committee selects one of its elected members to be mayor and preside
at meetings. This form of local government is used by 27% of municipalities.
- City, town, village, commission and council-manager systems
are used by less than 13% of municipalities.
The Optional Municipal Charter Law or Faulkner Act was enacted in 1950
and revised in 1981. 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 the plans. Twenty-one percent of municipalities in New Jersey including
the six most populous cities, Newark, Jersey City, Camden, Trenton,
Paterson and Elizabeth, govern under the Faulkner Act. It provides many
choices for communities with a preference for a strong executive and
professional management of municipal affairs. It also offers initiative,
referendum and recall of elected officials to the citizens.
- The mayor-council plan gives the mayor strong powers. Each
municipality under this plan establishes three to ten executive departments,
each headed by a director appointed by the mayor with the consent
of the council. It provides for a business administrator to assist
the mayor.
- The council-manager plan places complete responsibility for
municipal affairs in the council. The council appoints a municipal
manager who is the chief executive with broad authority.
- The small municipality 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 mayor-council-administrator system is basically the borough
form with an appointed professional administrator added.
For more information about municipal government or a specific municipality,
call the New Jersey State League of
Municipalities at 609-695-3481.
Municipal Courts
Municipal courts exist to enforce local ordinances and parking, motor
vehicle, disorderly persons, fish, game and navigation laws. Municipal
courts hold preliminary hearings for persons arrested for serious crimes.
At such first appearance hearings, the judge informs individuals of
their constitutional rights and in consultation with the county prosecutor
will arrange bail or hold an individual for grand jury action. A municipal
court may also try some types of criminal cases where the accused waives
the right to indictment and trial by jury. In municipal court the judge
handles cases alone without a jury.
Municipal court judges are appointed by the local governing body and
must be members of the New Jersey Bar. If a court covers two or more
municipalities, the appointment is made by the governor with the advice
and consent of the Senate. Municipal judges are permitted to practice
law with the exception of criminal matters. Terms are three years with
no tenure or mandatory retirement age.
