South Orange Charter Review Committee Presentation
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South Orange Charter Review Committee Presentation South Orange Charter Review Committee Presentation Presentation Transcript

  • South OrangeCharter Review CommitteeReport to Board of Trustees Township of South Orange Village June 27, 2011 June 27, 2011 1
  • Agenda Background Charter Review Committee Process Board of Trustees Process Adopting Alternate Forms of Government Overview of Recommendations Detailed Recommendations Questions? June 27, 2011 2
  • Background South Orange operated as a Village, since 1869 or earlier Special Charter adopted 1869 by Special Act of NJ Legislature Subsequently amended on several occasions Last amended January 1978 Jan 1977: Approval by voter referendum Aug 1977: Enacted by Special Act of NJ Legislature Charter’s Article 1.7 requires review every 12 years By Board of Trustees or committee designated by Board Reviewers prepare report to Board on functioning of Charter, including any suggested amendments June 27, 2011 3
  • Background (cont’d)Board of Trustees recent action In September 2009, established Charter Review Committee with seven residents Four residents, Two Trustees & Village President Appointed residents & Trustees May 2010 Rusty Burwell, Sheena Collum, Ken Rashbaum, David Schechner Janine Bauer, Mark Rosner, Doug Newman 20 public meetings conducted since August 2010 Investigative process supported by Village Counsel & Village Clerk June 27, 2011 4
  • Committee’s Process Gathered input from four groups S.O. elected officials – current & former S.O. appointed officials – current & former Elected officials from other towns S.O. residents via initial Public Forum 11/29/10 Integrated feedback Formulated recommendations Reviewed in second Public Forum 5/25/11 Finalized recommendations June 27, 2011 5
  • Board of Trustee’s Process Controlled by NJ statutes Board receives Committee’s report If amendments recommended and agreed upon, can adopt ordinance authorizing pursuit of Charter amendment by requesting State Legislature pass appropriate bill Can include final step in ordinance – approval by voters following passage of State bill June 27, 2011 6
  • Adopting Faulkner ActForm of Government Alternatively, adopting Faulkner Act form of government also controlled by State statutes Faulkner Act (or Optional Municipal Charter Act) adopted in 1947 Four forms of government enabled – each with separate options 136 potential combinations permitted Board can consider specific Faulkner Act form or all potential combinations – requiring vote at general or municipal election June 27, 2011 7
  • Adopting Faulkner ActForm of Government (cont’d) For broad consideration of all alternatives, Board must place question on ballot by ordinance Voters decide question Voters elect members of Charter Commission to study issue Or, 20% of registered voters may initiate process by petition Charter Commission must issue report within 9 months Commission’s recommendation submitted to second vote If approved, recommendation becomes new form of government June 27, 2011 8
  • Committee’s ProcessCharter 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 9
  • The CharterCharter includes Seven Articles1. General Provisions & Powers2. The Governing Body3. Ordinances & Resolutions4. Executive & Administrative Generally5. Financial Administration6. Recall Elections7. Transition June 27, 2011 10
  • Overview of Recommendations Wide spectrum of changes proposed Five broad categories Minor changes, such as correcting typo’s Eliminating outdated references Updating definitions and names Deferring to NJ statutes pre-empting S.O. Charter Major changes Includes changes contemplated, but opposed by Committee June 27, 2011 11
  • 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 12
  • 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 13
  • 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 14
  • 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 15
  • 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 16
  • 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 17
  • Detailed RecommendationsArticle 2 (cont’d)The Governing Body 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 18
  • Detailed RecommendationsArticle 2 (cont’d)The Governing Body No changes recommended. [2.8 Investigations; Removals.] (Adopted 7-0) June 27, 2011 19
  • Detailed RecommendationsArticle 2 (cont’d)The Governing Body 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 20
  • Detailed RecommendationsArticle 2 (cont’d)The Governing Body 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 21
  • 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 22
  • 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 23
  • 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 24
  • 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 25
  • 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 26
  • 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 27
  • 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 28
  • Detailed RecommendationsArticle 5 (cont’d) 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 29
  • Detailed RecommendationsArticle 5 (cont’d) 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 30
  • 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 31
  • Detailed RecommendationsTopics considered, but not in the Charter Term Limits Should 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 32
  • Detailed RecommendationsTopics considered, but not in the Charter 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 33
  • Detailed RecommendationsTopics considered, but not in the Charter 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 November 4. Provide Village President and Trustees with annual stipends without any other benefits (Adopted 4-2) June 27, 2011 34
  • Exhibits1 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 35
  • Final ReportQuestions? June 27, 2011 36