Нью-Джерси қалалары үшін жергілікті басқару үлгілерінің заңы

Act which provides New Jersey municipalities with a variety of models of local government

The Optional Municipal Charter Law or Faulkner Act (, et seq.) provides New Jersey municipalities with a variety of models of local government. This legislation is called the Faulkner Act in honor of the late Bayard H. Faulkner, former mayor of Montclair, New Jersey and chairman of the Commission on Municipal Government.

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 these plans. The Act provides many choices for communities with a preference for a strong executive and professional management of municipal affairs. Twenty one percent of the municipalities in New Jersey, including the four most populous cities (Newark, Jersey City, Paterson and Elizabeth) all govern under the provisions of the Faulkner Act. More than half of all New Jersey residents reside in municipalities with Faulkner Act charters. In all Faulkner Act municipalities, regardless of the particular form, citizens enjoy the right of initiative and referendum, meaning that proposed ordinances can be introduced directly by the people without action by the local governing body. This right is exercised by preparing a conforming petition signed by 10% of the registered voters who turned out in the last general election in an odd numbered year (i. the most recent General Assembly election). Once the petition is submitted, the local governing body can vote to pass the requested ordinance, and if they refuse, it is then submitted directly to the voters.

The Faulkner Act was created to provide municipalities with greater flexibility than provided in New Jersey's traditional forms of government (city, township, borough, town and village) and to expand on the reforms provided in the Walsh Act and the 1923 Municipal Manager Law. As originally enacted in 1950, the Faulkner Act provided for three forms of government: mayor–council, council–manager, and small municipality. Within each form, letter codes designated predefined aspects of each form and its individual arrangement of options, such as partisan or nonpartisan elections, concurrent or staggered terms, all at large or a combination of ward and at large seats. In 1981, the Faulkner Act was significantly amended. The letter codes were eliminated, and the number of varieties within each plan was greatly increased. The council–manager plan was amended to include the option of having a mayor chosen by the electorate. A new form, mayor–council–administrator, was added. Municipalities were also given greater flexibility to amend their Faulkner Act charter without having to place the entire charter on the ballot.

The mayor–council–administrator form is largely the borough form with the addition of an appointed professional administrator. Unlike the three other Faulkner Act plans, the mayor–council–administrator offers no optional variations in structure. Voters elect a mayor and six council members at large for staggered terms with partisan elections. The mayor serves a four year term; council members serve three year terms. An organization meeting is held on January 1. The mayor is the chief executive of the municipality, and appoints the positions of municipal clerk, administrator, attorney, tax collector, treasurer and other department heads with approval by the council. The mayor can also dismiss these department heads upon written notice to the council. The mayor also has veto power subject to override by 2/3 of council members, and can vote on council matters in the result of a tie vote. The other option is a direct petition. The charter study commission approach is only available under the Faulkner Act. A charter study commission can be elected, most often when residents are dissatisfied with the existing form of government, but there is no agreement as to what new form should be implemented. A ballot question to form a charter study commission can be performed through a petition or by the existing municipal governing body enacting an ordinance to form a commission. Voters simultaneously vote yes / no to form a commission and also vote to select its members (if it passes), with the top five candidates becoming the members of the commission. A charter study commission can recommend that the municipality change to one of the Faulkner Act forms of government, a choice that must be ratified by the voters within the municipality. The charter study commission also may recommend a Special Charter, with further action being required, but the study commission by the New Jersey Legislature to approve the recommended variant form of government. Some municipal governments have appointed a charter study committee (in contrast to the charter study commission). A charter study committee operates on a purely advisory basis. While it may perform the same research functions as a commission, a committee cannot place its recommendations on the ballot, but must do so via the petition method.