Chapter 1-Local Government Flashcards
What are New Jersey counties classified by?
New Jersey’s 21 counties are classified on the basis of size, geographic location, and population density
First Class (County)
Over 550,000 with a density of over 3,000 persons per square mile
Second Class
All other counties over 200,000 not bordering on Atlantic Ocean
Third Class
Not less than 50,000 nor more than 200,000 not bordering on the Atlantic Ocean
Fourth Class
Less than 50,000 not bordering the Atlantic Ocean
Fifth Class
Over 125,000 bordering on Atlantic Ocean
Sixth Class
125,000 or less bordering on Atlantic Ocean
What is the organization of County Govt?
Bd of Chosen Commissioners, elected to three year terms, serving as policymakers and as individual administrators of county departments
What does the Optional County Charter Law allow?
Enacted in 1972, Optional County Charter Law enables voters to select 1 of 4 plans of organization, all of whihc limit the Freeholder Board to legislaive, policymaking functions
What are the 4 options under the Optional County Charter Law?
- County Executive Plan- Elected Bd of Commissioners, Elected County Exec. supervising an appointed County Admin
- County Manager Plan- Elected Commissioner Bd, appointed County Manager
- County Supervisor Plan-Elected Commissioner Bd, appointed County Admin supervised by elected County Supervisor
- Board President Plan- Elected Commissioner Bd, appointed County Admin supervised by President of Commissioner Bd
When can the Bd of Commissioners raise taxation?
For all money necessary to pay for current expenses, improvements, acquisition of property, obligations and debts, and for the fulfillment of all obligations imposed by law on the county
What are the sources of revenue for the county?
property taxes, miscellaneous revenue, State Aid and Institutional Revenue, in the order given
Original Forms of Mun Govt
City Town Township Village Borough
Forms of Mun Govt
- Special Charter
- Commission (Walsh Act) NJSA 40:70-1 et seq
- Municipal Manager [NJSA 40:70-1 et seq_
- Optional Municipal Charter (Faulkner Act) [NJSA 40:69A-et seq]
Optional municipal Charter (Faulkner Act)
- Mayor-Council: Colloquially referred to as “strong Mayor” form of govt. Rather than an appointed, unelected individual, this govt has its Chief Executive directly elected, separate and apart from the governing body
- Council-Manager Plan: The Council is the elected policymaker and appoints the Manager who acts as Chief Executive and Administrative Officer for the municipality. The manager serves at the pleasure of the governing body. While other municipal officials have statutory responsibilities and obligations,the manager serves as the decision maker with respect to day-to-day operations of the municipality
- Small Municipalities Plan: Only available to municipalities with a population of less than 12,000, it is a hybrid of the borough form and the township form of government organization
- Mayor-Council-Administrator Plan: The Council exercises the legislative power, the Mayor exercises the Executive power, and the appointed Municipal Administrator supervises the administration
What are the powers of the municipality?
The municipality is a corporation, having a corporation seal, and corporate officers, with powers to:
- Organize and regulate its internal affairs. The NJ Constitution prohibits the Legislature from enacting a law which regulates which regulates the internal affairs of a particular municipality
- Adopt and enforce policy ordinances and impose penalties
- Sue and be sued; contract and be contracted with; appropriate and expend moneys; and adopt, amend, and repeal ordinances and resolutions as required
- Exercise powers of taxation, borrowing and condemnation
What are the sources of revenue for municipalities?
Property taxes, miscellaneous revenue, Public Utility tax, Surplus Appropriations and State Aid
School District Type I
- Members of the Bd of Ed are appointed by Mayor
- School tax levy is determined by the Bd of Ed
- School tax levy is approved by the Bd of School Estimates which consists of the Mayor, 2 members of the School Board and 2 members of the Governing Body
- School debt is the debt of the municipality
School District Type II
- Members of the Bd of Ed are elected by the voters
- School tax levy is submitted to the voters for approval. If defeated, it is submitted to the municipality’s governing body
- School debt is the responsibility of the school district, not the municipality
Regional (Type II)
The area of the school district is usually the same as that of the municipality. there are provisions in the state law, however, enabling districts to encompass 2 or more municipalities, creating a consolidated and regional school districts.
- Representation on the Bd of Ed is apportioned among the participating districts according to population
- Bd of Ed is classified as Type II; board members are elected and tax levy is approved by the voters
School Districts-Money and Finance
Source of revenue for school districts are property taxes, State Aid and Federal Aid, in the order given
Special Districts
Established to provide specific governmental services within a municipality (i.e. fire protection, garbage collection, street lighting).
How are Special Districts funded and administered
By one of two ways:
- Election of Special District governing body and approval of tax levy by the voters within the district.
- Tax levy determined by the municipal Governing Body and administered by appointed personnel
Offices of Federal Gov’t that Clerks interact with?
Department of Labor, Environmental Protection Agency, Occupational Safety, and Health Agency, and Census Bureau
Offices of State Gov’t that Clerks interact with?
Dept of Community Affairs, Bureau of Archives and Records, Department of Personnel, Department of Transportation, Division of Pensions, Alcoholic Beverage Control, Legalized Games of Chance Control Commission, Local Finance Bd and Public Employment Relations Commission
County Offices that Clerks interact with
Commissioner of Registration, Superintendent of Elections, County Bd of Elections, County Bd of Taxation, Prosecutor and Freeholder Clerk (Commissioner Clerk?)
Local Gov’t Offices that Clerks Interact with
Administration- Administrator, Business Manager, Personnel, Attorney
Public Safety- Police and FIre, Municipal Court, Prosecutor, Public Defender
Finance- CFO, Treasurer, Purchasing Agent, Tax collector and assessor
Health and Human Services- welfare, vital statistics, environment, senior citizens, individuals with disabilities, drug and alcohol abuse
Public Works- engineering, traffic, shade trees, refuse, recycling
Parks and Rec- permits, green acres, sports programs
Planning- zoning, building, code enforcement
elected and appointed officials
board and commissions
Local institutions clerks interact with
- Schools/School Bds/School District
- Public Libraries
- Historical Societies
- Chamber of Commerce/Economic Development Corporations
- Media
Sources of Basic Law
Chapter Laws
New Jersey Statues Annotated
New Jersey Administrative Code
Case Law
Chapter Law
Compilation of laws passed during a legislative sessiona dn signed by governor, bound together in numerical order and indexed by subject matter. Separte volume for each year
New Jersey Statutes Annotated (NJSA)
Unofficial compilation of all legislation currently in effect, numbered so that the statutes concerning the same subject are grouped together within 59 titles–titles then divided into chapters. Ex NJSA 19:12-6 means NJSA, title 19, chapter 12, section 6
New Jersey Administrative Code (NJAC)
“how to book” official publication of NJ whihc contains the rules, regulations, and other documents issued by state agencies. Kept up to date by periodic supplements
Titles/Chapters/Sections for Alcoholic Beverage Control
NJSA 33 & NJAC 13.2
Titles/Chapters/Sections for Assessment Searches
NJSA 54:4-14
Titles/Chapters/Sections Board of Health/Vital Statistics
NJSA 26
Titles/Chapters/Sections for Boards of Education
NJSA 18A
Titles/Chapters/Sections for Civil Services/NJ Personnel
NJSA 11 & NJAC 4A
Titles/Chapters/Sections for Dogs (Agriculture)
NJSA 4
Titles/Chapters/Section for Elections
NJSA 19
Titles/Chapters/Sections for Faulkner Act
NJSA 40:69A-1
Titles/Chapters/Sections for Legalized Games of Chance
NJAC 13.1
Titles/Chapters/Sections for Local Public Contracts Law
NJSA 40A:11
Titles/Chapters Sections for Local Budget Law
NJSA 40A:4
Titles/Chapters/Sections for Local Bond Law
NJSA 40A:2
Titles/Chapters/Sections for Municipal Land Use Law
NJSA 40:55D
Titles/Chapters/Sections for Non-Partisan Elections
NJSA 40:45
Titles/Chapters/Sections for Open Public Meetings Act
NJSA 10:4-6
Titles/Chapters/Sections for Public Records
NJSA 47:1A-1
Titles/Chapters/Sections for Reorganization Meetings
NJSA 40:45A-1