N.J.S.A. 40:76-23 — Vote required for adoption; effect of adoption; exceptions

40:76-23. Vote required for adoption; effect of adoption; exceptions If the certificate of the municipal clerk shows that both the majority of the votes cast are in favor of the proposition and that the number of the votes cast in favor thereof is equal in number to at least thirty per cent of the number of persons voting in the municipality at the last preceding general election, then the officers provided for under the law adopted for the government of such municipality at the special election shall be nominated and elected at the next succeeding primary and general elections in accordance with the provisions of the laws relating to elections in so far as such provisions are consistent with the provisions of the law adopted for the government of such municipality at the special election. The municipal clerk shall take such steps and make such arrangements, as would be required of him were he in fact the clerk of a municipality being governed under the law adopted at the special election, as are required by law to provide for the nomination and election of the officers provided for under the law adopted for the government of such municipality at the special election. The board of commissioners are hereby required and empowered to raise any funds necessary for this purpose, and upon the election, qualification and organization of the officers provided for under the law adopted for the government of such municipality at the special election, the commission form of government shall be ipso facto abolished in such municipality and such municipality shall cease to be governed by the provisions of chapters 70 to 76 of this title (s. 40:70-1 et seq.), and the terms of all the members of the board of commissioners and all other officers, with the exception of the members of the board of education and the trustees of the public library, in such municipality, whether elective or appointive, shall immediately cease and determine, and such municipality shall become a municipality under the law which was adopted for its government at the special election. Such change shall not affect the property, right, or liability of any nature of the municipality, but shall merely extend to such change in the form of government. Nothing herein contained shall be construed to affect the term of office of any policeman, fireman or other employee of any police or fire department, veteran of any war, or other official or employee now protected by a tenure of office act. When the municipality is operating under the provisions of subtitle 3 of the title Civil Service (s. 11:19-1 et seq.), at the time of the abolition of the commission form of government therein, nothing herein contained relative to the termination of his term or to his dismissal or discharge shall apply to a person holding a position or office coming within the classified service of the civil service law.

This is the verbatim text of N.J.S.A. 40:76-23, retrieved from the New Jersey Legislature's public statute corpus. Statutes are amended periodically — for the most current version, check the external source link above. Kyzer is not a law firm and this page is not legal advice.