Faulkner Act (mayor–council–administrator)

The Faulkner Act, or Optional Municipal Charter Law, provides for New Jersey municipalities to adopt a mayor–council–administrator form of government.

For other uses, see Faulkner (disambiguation).
New Jersey municipal government
Traditional types
Borough Township
City Town Village
Modern forms
Walsh Act commission
1923 municipal manager
Faulkner Act forms
Mayor–council Council–manager
Small municipality
Mayor–council–administrator
Nonstandard forms
Special charter
Changing form of municipal government
Charter Study Commission

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.[1] 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.[1] This form of government also includes a municipal administrator who supervises the departments.[1]

As in all Faulkner Act municipalities, citizens in the OMCL mayor–council–administrator system 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. Once the petition is submitted, the local governing body can vote to pass the requested ordinance, and if it refuses, it is then submitted directly to the voters.

The following municipalities have adopted the mayor–council–administrator form of government under the Faulkner Act.

Municipality County Note
Berkeley Heights Union County Effective January 1, 2007
North Brunswick Township Middlesex County
West Milford Township Passaic County Effective January 1, 2004

References
  1. "Forms of Government in NJ". NJLM New Jersey League of Municipalities. Retrieved 28 January 2020.
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