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Faulkner Act (Council-Manager)

The Faulkner Act or Optional Municipal Charter Law provides for New Jersey municipalities to adopt a Council-Manager government.

The council consists of 5, 7, or 9 members elected by the public. One of the councilors — chosen either by at-large election or by a vote among the councilors — serves as the mayor, who is merely the head of council and has no special privileges such as veto power. The council hires a manager, who serves as the chief executive and administrative official. The manager prepares the budget, appoints and removes department heads, and attends council meetings, but does not have a vote.

As in all Faulkner Act municipalities, citizens in the Council-Manager 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 they refuse, it is then submitted directly to the voters.

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