N.J. Stat. tit. 40, ch. 72

N.J. Stat. tit. 40, ch. 72
in effect

N.J. Stat. § 40:72-1 Commissioners; number

The commission shall consist of three members in municipalities having less than twelve thousand inhabitants; and of five members in municipalities having twelve thousand inhabitants or more, subject to the provisions of sections 40:72-1.1 to 40:72-1.3 of this Title. Amended by L.1948, c. 21, p. 82, s. 2; L.1953, c. 365, p. 1948, s. 1, eff. Aug. 11, 1953; L.1980, c. 94, s. 4, eff. Jan. 1, 1981.

N.J. Stat. § 40:72-1.1 Municipality with board of three commissioners; additional commissioners; petition, ordinance and referendum

Any municipality, which is governed by a board of three commissioners may provide that two additional commissioners shall be elected at an election to be held on the second Tuesday in May next; provided, that a proposed ordinance increasing the number of commissioners from three to five was first submitted to the board of commissioners by petition signed by electors of the municipality equal in number to 15% of the votes cast at the last general election, held for the election of all the members of the General Assembly, requesting that said ordinance be submitted to the vote of the people. The signatures, verification, authentication, inspection, certification, amendment and submission of such petition shall be the same as for petitions to recall commissioners. Upon the filing of said petition and certification of the same by the municipal clerk the board of commissioners shall submit said ordinance without change to the vote of the electors of the municipality at the next general election. Said petition shall be filed and certified to by the municipal clerk at least 60 days before the general election at which the proposed ordinance shall be submitted to a vote of the electors. Amended by L.1953, c. 365, p. 1949, s. 2, eff. Aug. 11, 1953; L.1981, c. 427, s. 1, eff. Jan. 9, 1982.

N.J. Stat. § 40:72-1.2 Ballot; form and content

The question shall be printed upon the ballots to be used at such general election in substantially the following form: "To vote upon the public question printed below, if in favor thereof mark a cross (X) or plus (+) in the square at the left of the word Yes, and if opposed thereto mark a cross (X) or plus (+) in the square at the left of the word No. Yes. "Shall the ordinance ........................ (stating the nature of the proposed ordinance) No. be adopted?' " In counties where voting machines are used, the ballot shall be prepared in accordance with the provisions of Title 19 of the Revised Statutes concerning elections. Amended by L.1953, c. 365, p. 1950, s. 3, eff. Aug. 11, 1953.

N.J. Stat. § 40:72-1.3 Vote required for adoption; amendment and repeal

If a majority of the qualified electors voting on the proposed ordinance shall vote in favor thereof, such ordinance shall thereupon become a valid and binding ordinance of the municipality, and any ordinance proposed by petition or which shall be adopted by a vote of the people shall not be repealed or amended except by a vote of the people.

N.J. Stat. § 40:72-2 All powers vested in board of commissioners

The board of commissioners established hereunder shall have all the executive, administrative, judicial and legislative powers and duties heretofore had and exercised by the mayor and city council and all other executive or legislative bodies in such municipality, and shall have complete control over the affairs of such municipality.

N.J. Stat. § 40:72-3 General powers; power to pass ordinances for specific purposes

Every municipality governed by chapters 70 to 76 of this title (s. 40:70-1 et seq.), shall have all the powers necessary for its government not in conflict with the laws applicable to all municipalities or the provisions of the constitution and, in addition to the powers conferred by subtitle 3 of this title (s. 40:42-1 et seq.), may make, amend, repeal and enforce ordinances for the following purposes: a. The protection of life, health and property. b. The declaration, prevention and summary abatement of nuisances. c. The preservation and enforcement of good government and the general welfare, order and security of the municipality. All ordinances or resolutions heretofore passed in any such municipality, not inconsistent with the rights and powers herein granted shall remain in full force and effect until altered or repealed by the commissioners in the manner herein provided.

N.J. Stat. § 40:72-4 Department; distribution of powers

The executive, administrative, judicial and legislative powers, authority and duties in such municipality shall be distributed into and among five departments, except that in municipalities having but three commissioners, three departments shall be designated and provided by the consolidation of the first and third departments and the fourth and fifth departments as follows: 1. Department of public affairs. 2. Department of revenue and finance. 3. Department of public safety. 4. Department of public works. 5. Department of parks and public property.

N.J. Stat. § 40:72-5 Jurisdiction of commission over departments and officers thereof

The board of commissioners shall determine the powers and duties to be performed by each department and shall assign such powers and duties to each department as it may deem appropriate. The board shall prescribe the powers and duties of all officers and employees and may assign particular officers and employees to one or more departments and may require any officer or employee to perform duties in two or more departments if the work required of such officer or employee in such different departments be similar in character, and make such other rules and regulations as may be necessary or proper for the efficient and economical conduct of the business of the municipality.

N.J. Stat. § 40:72-6 Commissioners assigned to departments

The board of commissioners shall, at the first regular meeting after the election of its members, designate by majority vote one commissioner to be director of the department of public affairs, one commissioner to be director of revenue and finance, one to be director of the department of public safety, one to be director of the department of public works, and one to be director of the department of parks and public property, except that upon the organization of a board of three commissioners, but three departments shall be designated, as hereinbefore in section 40:72-4 of this title provided and but three directors voted therefor. Such designation may be changed whenever it appears that the public service would be benefited thereby. The mayor may be designated director of such department as a majority of the members of the commission shall determine.

N.J. Stat. § 40:72-6.1 Assignment of departmental powers and duties in counties of first and second class

The board of commissioners of every municipality governed by the commission form of government in counties of the first class or second class, in assigning the powers and duties to be performed by each department pursuant to section 40:72-5 of the Revised Statutes, shall assign to each department the powers and duties having the greatest relevancy to the subject matter as designated in the name of each respective department and as will result, as nearly as possible, in an equal distribution of powers and duties to each department. L.1956, c. 190, p. 703, s. 1, eff. Dec. 28, 1956.

N.J. Stat. § 40:72-7 Subordinate boards and officers; appointment and removal

The board of commissioners shall at the first meeting or as soon as may be after organization, create such subordinate boards and appoint such officers as it may deem necessary for the proper and efficient conduct of the affairs of the municipality. Any board created may be abolished, or any officer or employee appointed by the board of commissioners may be removed from office by it, at any time for cause, after public hearing, provided its action shall be taken in accordance with the civil service and tenure of office laws in municipalities where such laws have been adopted or are applicable and such action shall be subject to review by a proceeding in lieu of prerogative writ. Amended by L.1953, c. 37, p. 733, s. 239, eff. March 19, 1953.

N.J. Stat. § 40:72-9 Appointment of deputy by director in second class cities and certain fourth class cities

In all cities of the second class and in any city of the fourth class having a population of not less than 6,000 inhabitants, governed hereby, the board of commissioners may, in their discretion, provide by ordinance for the appointment of a deputy by each or such of the directors of departments as may be deemed necessary for the proper and efficient conduct of the affairs of such departments. The deputies shall serve during the terms of the directors making the appointments, but any deputy so appointed may be removed by his principal at any time, and such removal shall not be reviewable. If an officer or employee of a municipality is designated to perform the duties of a deputy in addition to the performance of the ordinary duties of his office or employment, the expiration of the term of his principal, or his removal from the office of deputy, shall not affect his right to the office or employment held by him at and before his designation as deputy, the duties of which office or employment he has continued to perform. Each director shall prescribe, in writing, the powers and duties of the deputy so appointed by him and the acts of such deputy within the scope of his authority shall in all cases be as legal and binding as if done and performed by the director for whom he is acting, but such deputies shall not be authorized to act for directors at meetings of the board of commissioners. Nothing in this section contained shall be construed to place any deputy or deputies, appointed pursuant to the authority hereof, within the operation of the laws affecting civil service. Amended by L.1964, c. 212, s. 1, eff. Oct. 21, 1964; L.1968, c. 333, s. 1, eff. Nov. 13, 1968; L.1971, c. 302, s. 1, eff. Aug. 27, 1971.

N.J. Stat. § 40:72-10 Mayor; selection; no veto power

At the first meeting after their election the commissioners shall choose one of their number to preside at all meetings of the board. He shall be designated "mayor" but shall have no power to veto any measure.

N.J. Stat. § 40:72-11 Mayor; duties

The mayor shall be president of the board and shall preside at its meetings, supervise all departments and report to the board for its action all matters requiring the attention of the board or any department.

N.J. Stat. § 40:72-12 Director of finance; when to act as mayor

The director of the department of revenue and finance shall be vice president of the board and, in case of vacancy in the office of mayor, shall perform the duties of that office.

N.J. Stat. § 40:72-13 Regular and special meetings; open to public; minutes

The board of commissioners shall designate the time of holding regular meetings, which shall be at least once monthly, and special meetings may be called from time to time by the mayor or by two commissioners. All meetings of the commissioners, whether regular or special, shall be open to the public and any citizen may have access to the minutes upon application to the municipal clerk. Amended by L.1977, c. 197, s. 1, eff. Aug. 29, 1977.

N.J. Stat. § 40:72-14 Quorum; voting; vote recorded in minutes

A majority of the members of the board of commissioners shall constitute a quorum and each member shall have the right to vote on all questions coming before the board. Every resolution or ordinance shall be reduced to writing and read before the vote is taken thereon, and the vote upon every motion, resolution or ordinance shall be taken by yeas and nays and entered in the minutes. The minutes of each meeting so recorded shall be signed by a majority of all the commissioners and the municipal clerk.

N.J. Stat. § 40:72-16 Board first elected may revise and add to appropriations

If, at the beginning of the term of office of the first board of commissioners elected in any municipality under the provisions of chapters 70 to 76 of this title (s. 40:70-1 et seq.), the appropriations for the expenditures of the municipal government for the then current fiscal year have been made the board may by ordinance revise, repeal or change such appropriations and make additional appropriations.

N.J. Stat. § 40:72-18 Use of fees received from water rents

The fees, rents or charges received from the sale of water and the operation of the waterworks in any municipality governed hereby shall be applied: a. To payment of all cost and expense of operation, management, maintenance and repairs of said works and such deferred maintenance as the board having charge of the water supply shall deem proper; b. To the payment of the annual interest on bonds or other obligations issued for the improvement and extension of such waterworks, and the payment of such part of the principal of said bonds or obligations as may be necessary to meet them at maturity; and c. The excess revenue remaining at the end of each fiscal year may be appropriated by the board or body having charge of the finances for any purpose for which such board or body is authorized by law to levy and collect taxes.

N.J. Stat. § 40:72-19 Power to construct convention halls in cities

In cities governed hereby the commissioners may by ordinance acquire the necessary land and authorize and provide for the construction thereon of a building or buildings suitable for conventions, temporary or permanent exhibitions, entertainments, receptions, lectures, addresses, assemblages and other like purposes, and may lease all or any portion of such building or buildings and premises for any purpose which in their discretion they may deem advisable including the sale of merchandise and privileges, and may equip such building or buildings for the purposes herein mentioned, and may by ordinance provide from time to time for the issue of bonds in such amounts as may be necessary for such purposes.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026