[The CHARTER of the City of Summit as amended by P.L. 1987,
Chapter 314 N.J.S. 40A:61-1 et seq.]
a.
The inhabitants of each of the several cities are hereby continued
as a body politic and corporate in law as heretofore constituted and
established and shall be known by the name of the "the City of . .
. . . ., in the County of . . . . . . " (as the case may be), and
the boundaries of the several cities shall be and remain as heretofore
established by law.
b.
This act shall apply to any city that upon January 1, 1988 is governed
by the provisions of the 1899 City law. (P.L. 1899 c. 52; C.40:109-3)
c.
Each city government governed by the laws pertaining to the City
form of government shall have the full power to sue and be sued and
have a corporate seal.
d.
Any existing city may, by resolution of the council, adopt a name, as prescribed in subsection a. of this section, and the city clerk shall then file a copy of the resolution adopting the name with the county clerk, certified by the city clerk. After the filing of the certificate the city shall be known and designated by the name adopted, but no suit, proceeding or instrument shall abate or in anywise be affected by any change of corporate name.
a.
The mayor shall be elected by the voters of the city at large and
serve for a term of four years and until his successor shall have
qualified.
b.
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(1)
The council shall consist of seven members; six shall be elected
from two wards for staggered three year terms and one shall be elected
at large for a four year term. The terms of the councilmen elected
from wards shall be arranged, by lot if necessary, so that the terms
of two councilmen, one from each ward, shall expire at the end of
each year.
(2)
Any city which, prior to the effective date of this act, had a council whose method of election, composition, or tenure of its membership differed in any way from the provisions of paragraph (1) of subsection b. of this section shall continued to be governed by those provisions which determined the council's method of election, composition or tenure of its membership prior to the effective date of this act until such time as the city has adopted, by referendum of the voters the provisions of this act.
c.
No city shall elect any officers other than the mayor and council.
d.
There shall be held annually, at the time provided by law for holding
general election, an election for city officers.
Every city governed by the city form of government, shall, subject
to the provisions of this act or other general law, have the full
power of local government in such manner as council may determine.
a.
The mayor shall be the chief executive officer of the city.
b.
The mayor shall have all those powers designated by general law.
c.
The mayor may participate in any deliberation of the council and,
on any occasion where the council is unable to agree with respect
to the adoption of an ordinance or resolution, by reason of being
equally divided in a vote therein, the mayor shall have the power
to cast a vote to break a tie.
d.
Every ordinance adopted by the council shall, within five days after
its passage, Sundays excepted, be presented to the mayor by the city
clerk. The mayor shall, within 10 days after receiving the ordinance,
Sundays excepted, either approve the ordinance by affixing his signature
thereto or return it to the council by delivering it to the clerk
together with a statement setting forth his objections thereto or
any item or part thereof. No ordinance or any item or part thereof
shall take effect without the mayor's approval, unless the mayor
fails to return the ordinance to the council, as prescribed above,
or unless the council, upon the consideration of the ordinance following
its return, shall, by a vote of two-thirds of all of the members of
the council, resolve to override the veto.
e.
The mayor shall see to it that the laws of the State and the ordinances
of the city are faithfully executed. He shall recommend to the council
such measures as he may deem necessary or expedient for the welfare
of the city. He shall maintain peace and good order and have the power
to suppress all riots and tumultuous assemblies in the city.
f.
The mayor shall be the head of the police department and shall have
the power to appoint, suspend or remove all employees of the police
department. He shall appoint the chief of police and such captains
and sergeants as may be authorized by ordinance, with the advice and
consent of the council. He shall control and direct the police force
of the city and he may appoint such special policemen as he may deem
necessary for the preservation of public order. He shall enforce the
laws of the State and the ordinances of the city.
g.
The mayor shall supervise the official acts of the city employees
and report derelictions to the council.
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;
(4)
Override a veto of the mayor by a two-thirds majority of all 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.
a.
The city council shall hold an annual meeting on the first day of
January at twelve o'clock noon, or during the first seven days
of January in any year.
b.
At its annual meeting, the council shall, by the vote of a majority
of its number elect a president of the council, who shall preside
at all of its meetings, and a president pro tempore who shall preside
in the president's absence. They shall hold office for one year
and until the next annual meeting.
c.
A majority of the council shall constitute a quorum for transacting
business.
d.
The council may, at its annual meeting, establish for its members
such committees of the council as will assist it for the ensuing year.
e.
The council shall hold such other meetings, at such time and place
as it may by resolution direct, but all regular meetings shall be
held within the city.
f.
The president shall, when necessary, call special meetings of the
council. In case of his neglect or refusal, a majority of the members
of the council may call such meeting at such time and place in the
city as it may designate, and in all cases of special meeting a notice
shall be given to all members of the council or left at their place
of residence.
g.
Whenever there shall be vacancy in the office of the mayor, or whenever
the mayor shall be prevented by absence from the city, sickness or
other cause for attending the duties of his office, the council president
pro tempore shall act as mayor and possess all the power of mayor
for that period.
h.
No officer, who has obtained tenure by any provision of any section
herein repealed by section 40A:61-8 of this act, shall be affected
in any way by such repeal.
a.
The municipality may, by ordinance, delegate all or a portion of
the executive responsibilities of the municipality to an administrator,
who shall be appointed pursuant to N.J.S. 40A:9-136.
b.
The municipality may, by ordinance, adopt an administrative code.
The administrative code shall restate the major provision of the city's
charter and the general law supplementing the charter. The administrative
code shall set forth the manner in which the council shall perform
its duties. If the council organizes itself into standing committees
or if the council members serve as heads of departments, the administrative
code shall specify the powers and duties of such committees or department
heads and the manner in which they were appointed. The administrative
code shall also set forth the titles of the principal municipal officers,
how the officers are appointed, how they are organized into departments,
boards, commissions, and other agencies; whom they supervise, by whom
they are supervised; their powers; and what procedures should be followed
to carry on the activities of the city government. The administrative
code shall not grant any power or authority nor authorize any procedure,
unless the power, authority or procedure is authorized implicitly
by the wording of the statute or derived by reasonable implication
therefrom.
c.
The assets and liabilities of any board, commission or district created
pursuant to the statutes repealed by this act shall be transferred
to the municipality.
d.
The city council may create such advisory councils to the municipality
as it may choose, including councils for the functions absorbed by
it of any heretofore existing board, commission or district.
The following acts are hereby repealed:
P.L. 1899, c.52(R.S. 40:109-3) 1 - 34; 35 - 37; 38 - 39; 43
- 51; 56; 58 - 102. 40 - 42; 52 - 55; 57 repealed by Council ordinance
creating single assessor and abolishing Board of Assessors. This act
shall take effect on January 1, 1988.
