south orange charter review committee presentation

June 27, 2011 1

South Orange Charter Review Committee

Report to Board of Trustees

Township of South Orange VillageJune 27, 2011

2

Agenda

BackgroundCharter Review Committee ProcessBoard of Trustees ProcessAdopting Alternate Forms of GovernmentOverview of RecommendationsDetailed RecommendationsQuestions?

June 27, 2011

3

Background

South Orange operated as a Village, since 1869 or earlierSpecial Charter adopted 1869 by Special Act of NJ LegislatureSubsequently amended on several occasionsLast amended January 1978

Jan 1977: Approval by voter referendumAug 1977: Enacted by Special Act of NJ Legislature

Charter’s Article 1.7 requires review every 12 yearsBy Board of Trustees or committee designated by BoardReviewers prepare report to Board on functioning of Charter, including any suggested amendments

June 27, 2011

4

Background (cont’d)Board of Trustees recent action

In September 2009, established Charter Review Committee with seven residents

Four residents, Two Trustees & Village PresidentAppointed residents & Trustees May 2010

Rusty Burwell, Sheena Collum, Ken Rashbaum, David SchechnerJanine Bauer, Mark Rosner, Doug Newman

20 public meetings conducted since August 2010Investigative process supported by Village Counsel & Village Clerk

June 27, 2011

5

Committee’s Process

Gathered input from four groupsS.O. elected officials – current & formerS.O. appointed officials – current & formerElected officials from other townsS.O. residents via initial Public Forum 11/29/10

Integrated feedbackFormulated recommendationsReviewed in second Public Forum 5/25/11Finalized recommendations

June 27, 2011

6

Board of Trustee’s Process

Controlled by NJ statutesBoard receives Committee’s reportIf amendments recommended and agreed upon, can adopt ordinance authorizing pursuit of Charter amendment by requesting State Legislature pass appropriate billCan include final step in ordinance – approval by voters following passage of State bill

June 27, 2011

7

Adopting Faulkner ActForm of Government

Alternatively, adopting Faulkner Act form of government also controlled by State statutesFaulkner Act (or Optional Municipal Charter Act) adopted in 1947

Four forms of government enabled – each with separate options136 potential combinations permitted

Board can consider specific Faulkner Act form or all potential combinations – requiring vote at general or municipal election

June 27, 2011

8

Adopting Faulkner ActForm of Government (cont’d)

For broad consideration of all alternatives, Board must place question on ballot by ordinance

Voters decide questionVoters elect members of Charter Commission to study issue

Or, 20% of registered voters may initiate process by petitionCharter Commission must issue report within 9 months

Commission’s recommendation submitted to second voteIf approved, recommendation becomes new form of government

June 27, 2011

9

Committee’s Process

Charter Review Committee is merely the “front-end” of a process involving either legislative revision or more lengthy process requiring one or more elections

June 27, 2011

10

The Charter

Charter includes Seven Articles1. General Provisions & Powers2. The Governing Body3. Ordinances & Resolutions4. Executive & Administrative Generally5. Financial Administration6. Recall Elections7. Transition

June 27, 2011

11

Overview of Recommendations

Wide spectrum of changes proposedFive broad categories

Minor changes, such as correcting typo’sEliminating outdated referencesUpdating definitions and namesDeferring to NJ statutes pre-empting S.O. CharterMajor changes

Includes changes contemplated, but opposed by Committee

June 27, 2011

12

Overview of Recommendations (cont’d)

Major changes proposed1. Change “Township of South Orange Village” back to it’s pre-1978

name - “South Orange Village”2. Change “Village President” to “Mayor;” change “Board of

Trustees” to “Village Council”, change “Trustee” to “Councilman” and “Councilwoman”

3. Change biennial elections from May to November4. Provide Village President and Trustees with annual stipends

without any other benefits5. Change adoption of resolutions to require affirmative vote of

majority of Trustees present, not merely Trustees who voted6. Allow Village President to have the right to vote on adoption of

the budget

June 27, 2011

13

Detailed RecommendationsArticle 1General Provisions & Powers

Change “Charter of the Township of South Orange Village” to “Charter of South Orange Village” [1.1 Short Title] (Adopted: 5-2)Change “Board of Trustees” and “Board” to “Village Council” and “Council” [1.3(b) Definitions] (Adopted: 5-2)Change “President” to “Mayor” [change 1.3(e) to 1.3(c)] (Adopted: 5-2)

June 27, 2011

14

Detailed RecommendationsArticle 1 (cont’d)General Provisions & Powers

Add "General Law" means any statutory law, administrative rules, and decisional laws heretofore or hereafter adopted pursuant to law. [1.3(d)] (Adopted: 5-2)Change “The masculine gender includes the feminine and neuter” to explicitly reference both genders throughout the Charter. [1.4(b) Construction] (Adopted 7-0)Add “digitally processed data, image processed document” to update antiquated language.[1.7(e) Charter Review] (Adopted 5-0)

June 27, 2011

15

Detailed RecommendationsArticle 1 (cont’d)General Provisions & Powers

Change “…at least once every twelve years…” to shorten review cycle. [1.7 Charter Review] (Opposed 1-6)

June 27, 2011

16

Detailed RecommendationsArticle 2The Governing Body

Change “The governing body of the village shall be the Board of Trustees.” to “…governing body… shall be the Village Council comprised of the Mayor and Council.” [2.1 Municipal Power] (Adopted 5-2)Change “A municipal election shall be held biennially on the second Tuesday in May.” to “…shall be held biennially in November, the General Election.” [2.2 Elections: Trustees and Village President] (Adopted 4-3)

June 27, 2011

17

Detailed RecommendationsArticle 2 (cont’d)The Governing Body

Change “The Village President and each Trustee shall be a resident and legal voter of the village for at least one year preceding the election at which such person is chosen.” to Reduce one-year residency requirement. [2.3(a) Qualification; Term] (Opposed 1-6)Change “a term…in May” to “in November” to align with 2.2 [2.3(b) Qualification; Term] (Adopted 5-0)

June 27, 2011

18


Combine and replace with pursuant to NJ General Law. [2.4(a) and 2.4(b) Municipal Vacancies] (Adopted 7-0)Delete “…Village President… shall have no vote except as provided in Article III.” and combine with Section 3.3 [2.7(c) Procedures. Village President; Presiding Officer.] (Adopted 7-0)

June 27, 2011

19


No changes recommended. [2.8 Investigations; Removals.] (Adopted 7-0)

June 27, 2011

20


The Committee separated it’s discussion of stipends into 3 alternatives:

Village President and Trustees shall receive an annual stipend. (Adopted 6-1)Village President shall receive $4,000 stipend and Trustees shall receive $3,500 stipend, as per 2004 Charter Review Study recommendation; prorate and pay quarterly without any benefits. (Adopted 4-2)Include stipend amount in Village Charter. (Adopted 4-2)

June 27, 2011

21


Change “The Village President and Trustees shall not receive any compensation...” to “With the exception of an annual $4,000 stipend for the Village President, and a $3,500 stipend for each Trustee, no compensation or other emoluments shall be paid for their service. Stipends shall be paid quarterly in arrears and neither the Village President nor Trustees shall be entitled to pension, healthcare or other benefits by reason of such stipends.”[2.9 Compensation]

June 27, 2011

22

Detailed RecommendationsArticle 2 (cont’d)

A vacancy in the office of the Village President shall be filled pursuant to the NJ General Law.[2.10 Judge of Qualifications; Powers of Expulsion] (Adopted 6-0)Replace with pursuant to NJ General Law. [2.11 Clerk of the Board] (Adopted 6-0)Replace with pursuant NJ General Law. [2.12 Conflict of Interest] (Adopted 7-0)

June 27, 2011

23

Detailed RecommendationsArticle 3Ordinances & Resolutions

Change “No resolution may be adopted without the affirmative vote of a majority of the Trustees present [delete: and voting].The Village President may cast the deciding vote in the case of a tie vote.” [3.3(b) Vote Required] (Adopted 7-0)Delete antiquated language, such as “…imprisonment in county jail…”. [3.5 Penalties for Violating Ordinances] (Adopted 7-0)

June 27, 2011

24

Detailed RecommendationsArticle 4Executive and Administrative Generally

Add “The Acting Village President shall serve until the vacancy is filled.” to clarify timeframe [4.2 Acting Village President; Pro Tempore Officer] (Adopted 6-0)In the event of a vacancy of the Village President, Add “…the vacancy will be filled pursuant to the General Law. [4.3 Vacancy] (Adopted 6-0)Change “The Village President shall: (a) Report annually in writing to the [add: public and] Board of Trustees on the condition of the village, and the work of the previous year;” [4.4(a) Powers and Duties; Generally] (Adopted 6-0)Change “Have such other executive powers and duties as [add:General Law or] the Charter may provide or as the Board of Trustees may by ordinance prescribe.’ [4.4(c) Powers and Duties; Generally] (Adopted 6-0)

June 27, 2011

25

Detailed RecommendationsArticle 4 (cont’d)Executive and Administrative Generally

Change “The Village President, as chief executive officer of the village government, subject to the Charter and ordinances, shall: …[delete: (c) Sign warrants for the withdrawal of moneys from the village treasury;] (d) Sign all [add: withdrawals, checks,] notes, bonds or obligations of the village [add: as required by General Law];… (f) Appoint [add: and remove] officers and employees as authorized by law. [delete: may be made, and remove any such officers or employees as may be authorized by law.] [add: or removal is made by General Law, the Charter, or the Board of Trustees by ordinance may proscibe.] [4.5 Executive Powers and Duties.] (Adopted 4-2)

June 27, 2011

26

Detailed RecommendationsArticle 4 (cont’d)Executive and Administrative GenerallySection 4.5 with revisions incorporated

Executive Powers and Duties. The Village President, as chief executive officer of the village government, subject to the Charter and ordinances, shall:

a) Supervise and direct all subordinate officers and employees of the village, and examine any complaints which may be lodged against any of them;

b) Cause the ordinance of the village to be enforced;c) Sign all withdrawals, checks, notes, bonds or obligations of the

village, as required by General Law;d) Inspect the books and vouchers of the Village Treasurer;e) Appoint officers and employees as authorized by law, and for

which no other provision for appointment or removal is made by General Law, the Charter, or Board of Trustees by ordinance may proscribe.

June 27, 2011

27

Detailed RecommendationsArticle 4 (cont’d)Executive and Administrative Generally

Change “There shall be a [delete: Village Counsel] [add: Municipal Attorney] who shall be nominated and appointed by the Board of Trustees. The Counsel shall serve for [delete: such term as may be fixed by ordinance] [add: a term of one year] and until the appointment and qualification of his successor…” [4.6 Counsel] (Adopted 6-0)Replace with [delete: “a term of three years …provided by law”] [add: such term of office, shall have powers and duties, and shall be subject to the tenure and removal provisions as provided by General Law.] [4.7 & 4.8 Village Clerk] (Adopted 6-0)

June 27, 2011

28

Detailed RecommendationsArticle 5Financial Administration

Change “…Adoption of the budget shall require the affirmative vote of four Trustees. The Village President shall have [delete: no] [add: the] right to vote on the adoption of the budget.” [5.5 Action by the Board of Trustees.] (Adopted 5-1)Change [delete: who shall have a term…as provided by law] [add: “The Tax Collector shall serve for such term of office, shall have the powers and duties, and shall be subject to the tenure and removal provisions as provided by General Law.] [5.9 Tax Collector] (Adopted 6-0)

June 27, 2011

29


Change [delete: who shall have a term…as provided by law] [add: “The Tax Assessor shall serve for such term of office, shall have the powers and duties, and shall be subject to the tenure and removal provisions as provided by General Law.] [5.10 Tax Assessor] (Adopted 6-0)Replace with “Chief Finance Officer. There shall be a Chief Finance Officer who shall be appointed by the Board of Trustees. The Chief Finance Officer shall serve for such term of office, shall have the powers and duties, and shall be subject to the tenure and removal provisions as provided by General Law.[5.11(b) Chief Financial Officer] (Adopted 6-0)

June 27, 2011

30


Change [delete: Audit, Warrant and] Payment of Bills [delete: and Claims]. All bills, claims and demands against the village shall be approved or disapproved by the Board of Trustees pursuant to law. [5.12 Audit, Warrant and Payment of Bills and Claims] (Adopted 6-0)

June 27, 2011

31

Detailed RecommendationsArticles 6 and 7Recall Elections

No changes recommended.Transitions

No changes recommended.Section 3

Change “Upon the taking effect of the new Charter, the 1872 Charter of the Village of South Orange shall be [replace: ‘repeated’ with ‘repealed’].” [Repealer] (Adopted 7-0)

June 27, 2011

32

Detailed RecommendationsTopics considered, but not in the Charter

Term LimitsShould term limits be set for the Village President? (Opposed 2-4)Should term limits be set for Village Trustees? (Opposed 1-4-1)

June 27, 2011

33


Add “The Board of Trustees shall not make contributions to charitable non-profit organizations, whether non-profit corporations, associations or other forms. Notwithstanding such prohibition, the Village Council may enter into contracts with such entities provided that the terms of such contracts specifically serve a public purpose which relate to the functions of government and benefit the Village.” (Opposed 2-4)

June 27, 2011

34


At the suggestion of an attendee at the May 26th public forum, the Committee recommends that the Board pursue a non-binding resolution for public consideration in November 2011 for four changes:1. Change “Township of South Orange Village” back to it’s pre-1978

name - “South Orange Village”2. Change “Village President” to “Mayor;” change “Board of

Trustees” to “Village Council”, change “Trustee” to “Councilman” and “Councilwoman”

3. Change biennial elections from May to November4. Provide Village President and Trustees with annual stipends

without any other benefits(Adopted 4-2)

June 27, 2011

35

Exhibits

1 Resolution Establishing the Charter Review Committee2.1 Resolution Appointing Board of Trustees Members to Committee2.2 Resolution Appointing Resident Members to Committee3 Village Counsel Memo regarding Charter Review Process4.1 November 29, 2010 Public Forum Feedback4.2 May 26, 2011 Public Forum Feedback5 Committee’s Detailed Recommendations & Voting6.1 Historical Costs South Orange Municipal Elections, 2001-20116.2 Historical Voter Turn-out for Local Elections 2005-20117 Elected Officials’ Stipends in Essex County Municipalities8 Meetings of the Charter Review Committee, 2010-20119 Charter of the Township of South Orange

June 27, 2011

36

Final Report

Questions?

June 27, 2011

south orange charter review committee presentation

News & Politics