Rutgers Law

New Jersey Statutes, Title: 40, MUNICIPALITIES AND COUNTIES

    Chapter 103: Incorporation; corporate name

      Section: 40:103-5(97): Establishment, abolition, merger of commissions

           a. The city council by resolution may, and upon the filing with the city clerk of a written petition signed by 100 residents of the city registered to vote in the last preceding general election requesting said action, shall place on the ballot for the next general election a proposition for the establishment, merger, consolidation or abolition of a board of police commissioners, board of fire commissioners or board of water commissioners, except that if no general election is to be held within 90 days of such resolution, the council may provide for a special election to consider such a proposition. Each proposition shall relate to only one such board; provided, however, that more than one proposition may appear on the same ballot. The proposition shall be publicized and advertised and any such special election shall be conducted in the manner hereinafter provided in this act.

The proposition shall be presented in the following general form:

"Shall there be established a Board of

Yes. Water Commissioners (or as the case may be,

fire commissioners or police commissioners) in

No. lieu of regulation, supervision and operation

of the water department under the direction

of the Mayor and City Council?



"Shall the Board of Water Commissioners (or as

the case may be, the fire commissioners or

Yes. police commissioners) be abolished (or merged or

consolidated, as the case may be) and the

No. department be regulated, supervised and

operated by direction of the Mayor and City

Council (or otherwise, as the case may be)?"



If at an election held as herein above provided the voters by a majority of those of the legal voters of the city who vote on the proposition, assent to the establishment, merger, consolidation or abolition as the case may be of any board, an ordinance effectuating the expressed desire of the voters shall be adopted within 60 days from the date thereof.

b. Notwithstanding the provisions of subsection a. of this section, the city council may, by ordinance, abolish any of the boards created herein. Upon the adoption of an ordinance abolishing any of the boards created herein, all of the assets and liabilities of the board shall become the assets and liabilities of the municipality. The municipality may, however, create such advisory councils for its police, fire and water functions as it may deem necessary.

L. 1963,c.149; saved from repeal 1979,c.20,s. 2.; amended by L. amended 1987,c.314,s. 3.



This section added to the Rutgers Database: 2012-09-26 13:37:52.

Older versions of 40:103-5(97) (if available):

Court decisions that cite this statute: CLICK HERE.