New Jersey S 551: Provides for payment of balance of salary to municipal administrator to be withheld if removed immediately for "good cause."

Bill Text

SENATE, No. 551

STATE OF NEW JERSEY
221st LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION

Sponsored by:
Senator JON M. BRAMNICK
District 21 (Middlesex, Morris, Somerset and Union)

SYNOPSIS
Provides for payment of balance of salary to municipal administrator to be
withheld if removed immediately for “good cause.”

CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.

S551 BRAMNICK
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EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.

Matter underlined thus is new matter.

AN ACT concerning the removal of a municipal administrator from 1
office and amending N.J.S.40A:9-138 and P.L.1981, c.465. 2
3
BE IT ENACTED by the Senate and General Assembly of the State 4
of New Jersey: 5
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1. N.J.S.40A:9-138 is amended to read as follows: 7
40A:9-138. The municipal administrator may be removed by a 8
2/3 vote of the governing body. The resolution of removal shall 9
become effective 3 months after its adoption by the governing body. 10
The governing body may provide that the resolution shall have 11
immediate effect; provided, however, that the governing body shall 12
cause to be paid to the administrator forthwith any unpaid balance 13
of [his] the administrator’s salary and [his] the administrator’s 14
salary for the next 3 calendar months following adoption of the 15
resolution unless the administrator is removed for good cause. For 16
the purposes of this section, "good cause" means accusation of a 17
crime or offense involving moral turpitude or the violation of any 18
code of ethics in effect within the municipality. 19
In the case of removal for good cause, payment only shall be 20
made if a court of competent jurisdiction renders its final 21
adjudication and finds that no crime or offense was committed. If 22
the act upon which removal for good cause is based does not 23
warrant intervention by the court, payment only shall be made 24
following a finding of no wrongdoing issued as the result of an 25
investigation by a competent and disinterested party. 26
(cf: N.J.S.40A:9-138) 27
28
2. Section 36 (16A-9) of P.L.1981, c.465 (C.40:69A-149.9) is 29
amended to read as follows: 30
16A-9. The municipal administrator shall administer the 31
business affairs of the municipality and shall, as provided by 32
ordinance, have such powers and perform such duties which are not 33
required by this article or general law to be exercised by the mayor, 34
council or other officer, board or body. The administrator shall 35
receive such compensation as may be provided by ordinance. The 36
municipal administrator shall serve during the term of office of the 37
mayor, but may be removed by a vote of at least two-thirds of the 38
members of the council. The resolution of removal shall become 39
effective three months after its adoption. The council may provide 40
that the resolution shall have immediate effect, but in that case the 41
council shall cause to be paid to the administrator forthwith any 42
unpaid balance of [his] the administrator’s, salary and [his] the 43
administrator’s, salary for the next three calendar months following 44
adoption of the resolution unless he is removed for good cause. For 45

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the purposes of this section, "good cause" [shall mean conviction] 1
means accusation of a crime or offense involving moral turpitude, 2
the violation of the provisions of section 17-14, 17-15, 17-16, 17-17 3
or 17-18 of P.L. 1950, c. 210 (C. 40:69A-163 through 40:69A-167), 4
or the violation of any code of ethics in effect within the 5
municipality. 6
In the case of removal for good cause, payment only shall be 7
made if a court of competent jurisdiction renders its final 8
adjudication and finds that no crime or offense was committed. If 9
the act upon which removal for good cause is based does not 10
warrant intervention by the court, payment only shall be made 11
following a finding of no wrongdoing issued as the result of an 12
investigation by a competent and disinterested party. 13
(cf: P.L.1985, c.458, s.2) 14
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3. This act shall take effect immediately. 16
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STATEMENT 19
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This bill amends N.J.S.40A:9-138 and provides that in the case 21
of immediate removal of a municipal administrator by means of a 22
resolution passed by at least two-thirds of the governing body, any 23
unpaid balance of the administrator’s salary, and the administrator’s 24
salary for the next three calendar months may be withheld following 25
adoption of the resolution provided that the municipal administrator 26
was removed for “good cause.” This bill defines “good cause” as 27
an accusation of a crime or offense involving moral turpitude or the 28
violation of any code of ethics in effect within the municipality. 29
This bill also amends P.L.1981, c.465 and defines “good cause” 30
as an accusation of a crime or offense involving moral turpitude, the 31
violation of the provisions of section 17