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Maltese v. Township of North Brunswick6/20/2002
ested with the authority to act in a prescribed manner, neither of the other branches may usurp that authority." Ibid.
Under the Mayor-Council-Administrator plan, the municipality is governed by an elected mayor and council and an appointed municipal administrator, "and by such other officers and employees as may be duly appointed pursuant to [Article 16A], general law or ordinance." N.J.S.A. 40:69A-149.2.
N.J.S.A. 40:69A-149.5 sets forth the authority of the council and the status of the mayor, in pertinent part:
The legislative power of the municipality shall be exercised by the council, except as may be otherwise provided by general law. The mayor shall preside over all meetings of the council except as herein provided, but shall not vote except to give the deciding vote in case of a tie. . . . [Emphasis added.]
N.J.S.A. 40:69A-149.6 delineates the duties and power of the mayor, as follows:
The executive power of the municipality shall be exercised by the mayor. He [or she] shall enforce the charter and ordinances of the municipality and all general laws applicable thereto, and shall recommend such actions to the council as he [or she] may deem in the public interest. [Emphasis added.]
Each ordinance adopted by the council shall be submitted to the mayor, who has ten days to approve it or return it to the council with a written statement of his or her objections thereto. The council can override the mayor's veto by a vote of at least two-thirds of its members. N.J.S.A. 40:69A-149.7.
The mayor shall nominate and, with the advice and consent of the council, appoint a municipal administrator, an assessor, a tax collector, an attorney, a clerk, a treasurer "and such other officers as may be provided by ordinance." N.J.S. A. 40:69A-149.8a. The plan also provides for the creation and governance of the various departments in the municipality, as follows:
b. The municipality may provide by ordinance for the establishment of municipal departments, not to exceed six in number. Each department shall be headed by a director, who shall be appointed by the mayor with the advice and consent of the council. Each department head shall serve during the term of office of the mayor appointing him [or her], and until the appointment and qualification of a successor. The mayor may remove any department head upon written notice to the council. The council may remove department heads for cause after hearing.
The municipal administrator shall supervise the administration of each of the departments established by ordinance. For this purpose, the municipal administrator shall have the power to investigate the organization and operations of any department, to prescribe standards and rules of administration practice and procedure, and to consult with the heads of departments. [N.J.S.A. 40:69A-149.8b (emphasis added).]
Under the Mayor-Council-Administrator form of government, " he council shall prepare the annual budget with the assistance of the municipal administrator and the treasurer[,]" N.J.S.A. 40:69A-149.12, and " o municipal funds shall be disbursed except pursuant to and within the limits of appropriations made in accordance with law." N.J.S.A. 40:69A-149.14.
Notably, N.J.S.A. 40:69A-180(c), a provision applicable to all optional plans under the Act, provides:
(c) The council at its organization meeting shall elect a president of the council from among the members thereof and the president shall preside at its meetings and perform such other duties as the council may prescribe. In the absence of the president, the council shall elect a temporary presiding officer. The com
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