N.J.S.A. 40A:9-154.6g — Certificate required after January 1, 1997; exemptions, penalties.

40A:9-154.6g Certificate required after January 1, 1997; exemptions, penalties. 7. a. Commencing January 1, 1997, the governing body or chief executive officer of each municipality, as appropriate to the form of government of the municipality, shall appoint a principal public works manager for that municipality. The requirement that every municipality shall have a principal public works manager may be fulfilled by the sharing of a principal public works manager with another municipality or municipalities under a shared service agreement entered into pursuant to the provisions of P.L.2007, c.63 (C.40A:65-1 et seq.). b. No person shall be selected to perform the duties of a principal public works manager unless the person holds a public works manager certificate issued pursuant to section 3 of P.L.1991, c.258 (C.40A:9-154.6c), which certificate has not been revoked or suspended in accordance with the provisions of subsection b. of section 6 of P.L.1991, c.258 (C.40A:9-154.6f). c. When a vacancy occurs in a position in which the duties of principal public works manager are performed, the governing body or chief executive officer, as appropriate, may select, for a period not to exceed one year and commencing on the date of the vacancy, a person who does not hold a certified public works manager certificate to perform, on an interim basis, the duties of a principal public works manager. Any person so selected may be selected as principal public works manager for one additional year, provided, however, that no person shall perform, on an interim basis, the duties of a temporary principal public works manager for more than two years in any municipality and also provided that, in a municipality operating under the provisions of Title 11A, the Civil Service Act, no person so selected on an interim basis shall be required to perform out-of-title work. d. Any municipality that conducts minimal or no public works activity may apply to the director for an exemption from this section. Such exemptions shall be valid for five years from the date of issuance, at which time the municipality must reapply for an exemption or select a person to perform the duties of a principal public works manager. Upon receipt of an application for exemption, the director shall have the public works advisory board review the application and make a recommendation to the director for approval or denial. If the director for good cause disagrees with the recommendation, the director shall advise the public works advisory board of the decision and take any action the director deems appropriate. e. If a governing body or chief executive officer, as appropriate to the form of government of the municipality, fails or refuses to comply with this section, and has received an order from the director to do so, the members of a governing body or chief executive officer who willfully fail or refuse to comply shall each be subject to a personal penalty of $100 for each day after the date fixed for final action that failure or refusal to comply continues. The amount for the penalty may be recovered by the director in the name of the State as a personal debt of the member of the governing body or chief executive officer and shall be paid, upon receipt, into the State Treasury. f. Within 90 days of the occurrence of a vacancy in a position in which the duties of principal public works manager are performed, unless an extension is granted by the director upon written request by the governing body or chief executive officer, the governing body or chief executive officer, as appropriate to the form of government of the municipality, shall appoint an individual with a public works manager certificate issued pursuant to P.L.1991, c.258 (C.40A:9-154.6a et seq.) to perform the duties of a principal public works manager or appoint a person who does not hold a public works manager certificate to perform on an interim basis the duties of a principal public works manager pursuant to subsection d. of this section. In lieu of such appointment, a shared service agreement with one or more municipalities may be entered into pursuant to subsection a. of this section. The director may approve an extension to the 90-day period upon good cause shown and the municipality having demonstrated its inability to fill the vacancy in the office despite having made a good faith effort to do so. L.1991, c.258, s.7; amended 1995, c.46, s.6; 2013, c.166, s.17; 2025, c.185, s.18.

This is the verbatim text of N.J.S.A. 40A:9-154.6g, 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.