Senator† NICHOLAS P. SCUTARI
District 22 (Middlesex, Somerset and Union)
†††† Limits investigatory powers of city councils over municipal officers and employees.
CURRENT VERSION OF TEXT
†††† As introduced.
An Act concerning investigations by city councils and amending N.J.S.40A:61-5.
†††† Be It Enacted by the Senate and General Assembly of the State of New Jersey:
†††† 1.††† N.J.S.40A:61-5 is amended to read as follows:
†††† 40A:61-5.† a.† The council shall be the legislative body of the municipality.
†††† b.††† The council may, subject to general law and the provisions of this act:
†††† (1)†† pass, adopt, amend and repeal any ordinance or, where permitted, any resolution for any purpose required for the government of the municipality or for the accomplishment of any public purpose for which the municipality is authorized to act under general law;
†††† (2)†† control and regulate the finances of the municipality and raise money by borrowing or taxation;
†††† (3)†† investigate any activity of the municipality, or any person serving as an executive officer or employee of the municipality on the date the council commences an investigation;
†††† (4)†† override a veto of the mayor by a two-thirds majority of all the members of the council.
†††† c.†††† The council shall appoint the subordinate officials of the municipality, except as provided elsewhere by law.† In any case where the council is unable to appoint an officer or fill a vacancy to any appointed position by reason of being equally divided in a vote therein, the mayor shall have the power to cast a vote to break a tie.
†††† 2.††† This act shall take effect immediately.
†††† This bill would clarify that a city councilís investigatory powers over municipal officers and employees is limited to persons who are current officers and employees in the executive branch of the municipality.† This would eliminate any ability of a city council to investigate its own members, or to investigate any former officers or employees of a city administration.