Faulkner Act (Mayor-Council-Administrator)
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New Jersey Municipal Government  |
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| Traditional forms | ||||
| Borough | Township | |||
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| 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 | ||||
The Faulkner Act, or Optional Municipal Charter Law, provides for New Jersey municipalities to adopt a Mayor-Council-Administrator form of government.
In this form of government, voters elect a Mayor and 6 council members at-large for staggered terms with partisan elections. The Mayor serves a 4-year term; Council members serve 3-year terms. An organization meeting is held on January 1.
The Mayor presides over Council; Exercises the executive power of municipality; Votes only to break ties; Has veto subject to override by 2/3 of all Council members; Appoints municipal clerk, administrator, attorney, tax collector, tax assessor, treasurer, and department heads with Council approval; May remove department heads upon written notice to Council.
The Council exercises legislative power of the municipality; approves the Mayor's appointees for municipal clerk, administrator, attorney, tax collector, tax assessor, treasurer, and department heads; may remove department heads for cause after a hearing; and prepares the budget with the assistance of the municipal administrator and the treasurer.
The Mayor exercises the executive power of the municipality. Up to six departments may be created by ordinance. The Administrator supervises administration of each department.
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. (to be expanded)
| Municipality | County | Note |
| Berkeley Heights | Union County | Effective January 1, 2007 |
| North Brunswick Township | Middlesex County | |
| West Milford Township | Passaic County |
