Author Topic: Changing Hackensack's Form of Government  (Read 11979 times)

Offline Editor

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Changing Hackensack's Form of Government
« on: September 27, 2014, 07:03:47 AM »
Hackensack group leads drive to change city's form of government
September 27, 2014    Last updated: Saturday, September 27, 2014, 1:21 AM
By TODD SOUTH
STAFF WRITER
The Record

HACKENSACK — A group of residents began a petition drive on Friday to hold a referendum on changing the city's form of government.

Hackensack Citizens for Good Government released a statement detailing its plan to gather more than 4,000 signatures of registered voters to force a referendum, but it is unlikely that the drive will be in time for November's ballot.

Among other significant differences, the change could mean that residents would be able to introduce ordinances or repeal ordinances passed by the governing body.

The ballot measure would ask voters if they want to change from the current municipal-manager form to the council-manager form of government, similar to what is in place in Teaneck, Ridgewood and Fair Lawn, said a New Jersey State League of Municipalities official.
_________________

Related Information: http://www.njslom.org/magart0307_p14.html 

The 1923 Municipal Manager Form of Government (NJSA 40-39-1 et seq.)

This form is the early predecessor to the Faulkner Act’s Council-Manager form and is reflective of the Progressive effort to bring a more businesslike, professional approach to local government. In effect, this form separated policy making (council) from policy implementation (manager).5 By law, a municipality can adopt through a referendum, a three, five or seven-member council, elected at large in nonpartisan elections. The mayor is selected from the council but the duties associated with the title are essentially limited to presiding over and voting with the council and a handful of appointments. The manager serves as the chief executive of the municipality. The manager ideally is politically neutral and operates the municipality in a businesslike manner. The manager prepares the budget for the council, oversees the negotiation and implementation of contracts and handles most personnel matters.

With the passage of the Faulkner Act, municipalities have drifted away from this form towards the OMCL Council-Manager Form. Today, seven municipalities operate under this form.

Council-Manager Form

This form is very similar to the previously mentioned 1923 Municipal Manager Law. Like the 1923 law, this form, it provides for an experienced professional to serve as the chief Executive.

The council is made up of five, seven or nine elected members. The council is the legislative body of the municipality but also appoints the positions of Municipal Clerk, Tax Assessor and well as provides for appointments of members of Boards, Commissions and Authorities. Perhaps most importantly, the council appoints a qualified manager to serve as the chief executive.

The mayor can either be selected from the council or directly elected. Either way, the mayor serves as the presiding member of the council. The Manager has the full administrative responsibility for the municipality, including appointment of department heads as well as subordinates, preparation and presentation of the budget and the negotiation of contracts.

A municipality under the Council-Manager form has the following options:

1. Partisan or nonpartisan elections. If the elections are nonpartisan, the municipality has the option of run-off elections.

2. Staggered or concurrent terms.

3. The mayor can be voted directly by the people or selected from among the council. If elected by the voters, the mayor serves a four-year term. If selected by the council, the mayor serves either a one, two or four year term, depending on whether the council serves staggered or concurrent terms and local ordinances.

4. Council members can be elected at-large or from wards. If the municipality operates under a ward-based system, the number of wards is also an option.

5. The size of the council can be five, seven or nine members.

As of 2006, 42 municipalities operate under the OMCL Council Manager form.
« Last Edit: August 18, 2015, 04:47:17 PM by Editor »



Offline just watching

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Re: Changing Hackensack's Form of Government
« Reply #1 on: September 28, 2014, 08:11:25 PM »
Successful collection of the signatures will force a special election within "x" days. Unsure how many is the "x".  It doesn't have to coincide with the November election, so there is no pressure, no timetable.  I would like to see someone post the reasons for the change.  That way people can decide if it is a good idea or not.

And if they need 4,000, they better collect 5,500, because a certain percentage will be invalidated for one reason or another.

Offline Homer Jones

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Re: Changing Hackensack's Form of Government
« Reply #2 on: September 28, 2014, 10:01:14 PM »
Nothing like continuity of government to spur developer interest.

Offline Editor

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Re: Changing Hackensack's Form of Government
« Reply #3 on: September 29, 2014, 01:22:43 AM »
For further reading: Optional Municipal Charter Law

40:69A-18. Adoption of optional plan without charter commission
[An optional commission could study whether changing forms is a good idea and, if so, which form works best. This would obviously take longer.]
The legally qualified voters of any municipality may adopt any of the optional plans
provided in this act upon petition and referendum, without a charter commission,
hereinafter provided.

40:69A-19. Petition for election upon adoption of optional plan of government
Upon petition of the registered voters of any municipality, an election shall be held in the
municipality upon the question of adopting any of the optional plans of government
provided in this act. The petition calling for such election shall be subject to the
provisions of section 1-1(b) hereof and shall be signed by the following per centum of
registered voters of the municipality:
(a) 25% in municipalities of 7,000 or less inhabitants;
(b) 20% in municipalities of more than 7,000 and less than 70,000 inhabitants;
(c) 10% in municipalities of 70,000 or more inhabitants.
The petition shall designate the plan to be voted upon, which may include any of the
alternatives provided in this act and the question to be placed upon the ballot shall be in
the same form as is required by section 1-14 of this article.

40:69A-20. Submission of question
The municipal clerk shall provide for the submission of the question at the next general
or regular municipal election if one is to be held not less than sixty days nor more than
one hundred twenty days after the filing of the petition, and if a general or regular
municipal election is not to be held within that time, at a special election within such
time. The question of adoption of an optional plan of government shall be submitted to
Optional Municipal Charter Law N.J.S.A 40:69A-1 et seq. the voters of the municipality in the same manner as other public questions to be voted upon by the voters of a single municipality.
« Last Edit: September 29, 2014, 01:24:37 AM by Editor »

Offline Editor

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Re: Changing Hackensack's Form of Government
« Reply #4 on: December 04, 2014, 03:47:40 PM »
I split this topic at the wrong post, so I'm replacing the post that I accidently cut off:

From Itseetoo:

It just seems like, if I don't win, we should change the form of government.  I don't know if having an election to November will bring about a government that is more inclusive.  Certainly, democrats in this city are not all inclusive.  They are simply the 5th Ward

(Sorry)

New topic: Meeting Decorum

Offline itsmetoo

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Re: Changing Hackensack's Form of Government
« Reply #5 on: December 13, 2014, 06:13:37 AM »
Thank you.  I was concerned that my statement was included as the topic starter for meeting decorum. At least now I have an explanation as to why.

Offline itsmetoo

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Re: Changing Hackensack's Form of Government
« Reply #6 on: December 13, 2014, 06:19:07 AM »
My comment about Democrats in this city should not be considered as an endorsement for Republicans.  I am a registered Democrat but wish that Hackensack's elections were more democratic and in the interest of all citizens and not at the whim of one.

Offline Editor

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Re: Changing Hackensack's Form of Government
« Reply #7 on: August 18, 2015, 04:45:46 PM »
I'm hearing that a petition is circulating now for changing the form of government.  I see there is an option for partisan or nonpartisan elections under the proposed new form of government.  (See above). I have not seen the petition and I'm wondering what it says.  Partisan, or Nonpartisan. 

Anyone know?

[Looking at the article here, I see the move would be to partisan elections.]

« Last Edit: August 18, 2015, 05:08:58 PM by Editor »

Offline Homer Jones

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Re: Changing Hackensack's Form of Government
« Reply #8 on: August 18, 2015, 06:55:11 PM »
Has anybody here read the Faulkner Act? Just curious.

Offline just watching

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Re: Changing Hackensack's Form of Government
« Reply #9 on: August 20, 2015, 10:58:42 AM »
It's 75 pages.  Hackensack is currently Faulkner Act, I believe. 

I haven't read the Faulkner Act either, but here it is.

http://www.nj.gov/dca/divisions/dlgs/resources/misc_docs/optional_muni_charter_law.pdf

Offline just watching

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Re: Changing Hackensack's Form of Government
« Reply #10 on: August 20, 2015, 11:00:45 AM »
If there is an opportunity to change government, I would encourage something new. How about having each of the 5 wards elect one person directly, and then have a few "at large" city officials that represent the entire city. This would at least guarantee that each part of Hackensack has representation on the City Council.  It's not perfect, but it's an improvement.  If these reformers really want democracy with a small "d", they should support this.

Also, just want to point out that changing the elections to partisan will lock out all Republicans and Independents from ever getting elected. More and more people are rejecting party affiliation, that is the trend, so why lock it up for one political party.  I find that very objectionable, and for the record, I dumped my party affiliation (Democrat) 6 years ago.

And whoever are the Party bosses of the Democratic Party will control Hackensack under the proposed change.  And Party bosses are notoriously corrupt (both parties), and even if they personally aren't' corrupt, I have some objections to political folks not from Hackensack, who's primary interest is NOT Hackensack, to have so much control, so much influence, over what happens in the City of Hackensack.

I'm not against a change of government structure if the change is for the better, it's just that the change shouldn't be towards granting power and influence to political types from outside of Hackensack, and perhaps even outside of Bergen County, to be the real power in the City of Hackensack.

Offline Editor

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Re: Changing Hackensack's Form of Government
« Reply #11 on: August 21, 2015, 03:15:52 PM »
Hackensack is current 1923 Municipal Manager: https://en.wikipedia.org/wiki/1923_Municipal_Manager_Law

Offline Homer Jones

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Re: Changing Hackensack's Form of Government
« Reply #12 on: August 21, 2015, 04:22:44 PM »
In past years there had been some talk about changing the form of government in Hackensack. Ostensibly the change in government was to create a better form of government for the City while in realty, the change in government was merely a subterfuge to rein in the power of Joe Squillace. By the 1980's there were not many forms of government formed under the 1923 Act.
Ol' Homer had been told that by the 1980's there were only three municipalities where the manager had tenure and two of those I recall were Joe Squillace in Hackensack and Werner Schmid(sp) in Teaneck. Those two are now deceased .
Just Watching posted a link to a 75 page document describing how a change could come into play and and the process to be followed. If this is what the electorate really wants for the good of the City then that is fine. On the other hand, the charter study commission will be an expensive and protracted process and the electorate should be made aware to be able to review the proposal from a cost/ benefit perspective

 

anything