2009 New Jersey Code
TITLE 40 - MUNICIPALITIES AND COUNTIES
Section 40:41A
40:41A-8 - Advisors to the charter study commission

40:41A-8.  Advisors to the charter study commission
    In any county in which a charter study commission has been established under  this act, there shall also be established an advisory body to be known as the  advisory board whose members shall have the right to participate in the  deliberations of the charter study commission, but without the right to vote on  commission recommendations or to endorse or dissent from any report of the  commission by virtue of their official advisory role, although this in no way  shall be deemed to inhibit their right to make comments as individuals after  the release to the public of the charter study commission's report. The  advisory board shall consist of the persons who, as of the second Tuesday of  January next following the commission's organization meeting, shall hold the  following offices:  the director of the county board of freeholders, the county  chairmen of the two political parties which received the largest vote in the  county in three out of four of the most recent gubernatorial elections, the  mayor of the municipality having the largest population in the county and the  mayor of the municipality having the smallest population of over 250 in the  county, according to the last population estimate published by the New Jersey Department of Labor and Industry, one Senator and one member of the General Assembly, both of whom shall be residents of the county at the time of their election to the advisory body.  The Senator and member of the General Assembly  shall be elected to the advisory body by a majority vote of the whole number of  the county's board of chosen freeholders within 1 week of the approval of the  charter study referendum by the county's voters.

    Nothing in this act shall be deemed to prohibit the board of chosen freeholders from electing as legislative members of the advisory body any persons who are not at the time of their election to the advisory board incumbent legislators but who will be legislators as of 3 p.m. on the second Tuesday of January following the election of the charter study commission. If there is not at least one Senator and one member of the General Assembly residing in the county as of 7 days after the approval of the charter study referendum by the voters, the board of freeholders shall fill the seat or seats  in question by electing one or two mayors of municipalities within the county  to membership on the advisory board.

    If the advisory board shall include among its members three or four mayors pursuant to the above provisions, no more than two of these mayors shall be of the same political party, unless there are no mayors of another party or without party affiliation in the county who will accept election to the advisory board.  The mayor of any municipality operating under a nonpartisan form of government shall be deemed to be a member of the party in whose primary  election he last voted.  If he shall never have voted in a primary election, he  shall be deemed to have no party affiliation.

    The membership of the advisory board shall be promulgated by the chairman of  the charter study commission not later than 3 p.m. on the second Tuesday of  January following the commission's organization meeting. If for any reason any  member of the advisory board shall vacate the office by virtue of which he sits  on the board, his successor, regardless of such successor's party affiliation,  shall also succeed him on the board on the effective date of his assuming his  predecessor's office.

     L.1972, c. 154, s. 8, eff. Sept. 19, 1972.  Amended by L.1975, c. 84, s. 5, eff. May 5, 1975.
 

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