Municipal Reorganization Meetings Required To Be Held by January 7th

Reorganization meetings following November elections are generally required to be held in the first seven days of January.  The rule applies to New Jersey municipalities that have a traditional form of government, including the town, city, borough, township and village forms.  For municipalities with a Faulkner Act form of government, statutes do not state specifically when a reorganization meeting must be held but imply it should be held on January 1 in line with the start of terms of office.

Interestingly, per the East Windsor Township website, the municipality’s reorganization meeting for 2015 is scheduled for January 8.  That would appear to be improper per statute.

STATUTORY PROVISIONS

Statute 40A:62-3(a), Town form of government:

The mayor and council members of every town shall constitute the council thereof. They shall hold an annual meeting on the first day of January at twelve o’clock noon, or during the first seven days of January in any year.

Statute 40A:61-6(a), City form of government:

The city council shall hold an annual meeting on the first day of January at twelve o’clock noon, or during the first seven days of January in any year.

Statute 40A:60-3(a), Borough form of government:

The mayor and council shall hold an annual meeting on the first day of January at 12 o’clock noon, or during the first seven days of January in any year.

Statute 40A:63-3(e), Township Committee and Village forms of government:

The township committee shall hold an annual meeting on the first day of January at 12 o’clock noon, or during the first seven days of January in any year.

Statute 40:69A-34.1(b), Faulkner Act (OMCL) Mayor-Council form of government:

At the general election held on the first Tuesday after the first Monday in November or at such other time as may be provided by law for holding general elections, in which case the term of office of the mayor and council members shall begin on January 1 next following their election.

Statute 40:69A-83.1(b), Faulkner Act (OMCL) Council-Manager form of government:

At the general election held on the first Tuesday after the first Monday in November or at such other time as may be provided by law for holding general elections, in which case the term of office of the council members shall begin on January 1 next following their election.

Statute 40:69A-117.1(b), Faulkner Act (OMCL) Small Municipality form of government:

At the general election held on the first Tuesday after the first Monday in November or at such other time as may be provided by law for holding general elections, in which case the term of office of the council members shall begin on January 1 next following their election.

Statute 40:69A-149.3, Faulkner Act (OMCL) Mayor-Council-Administrator form of government:

The council shall consist of the mayor and six council members. The mayor and council shall be elected at the general election to be held on the first Tuesday after the first Monday in November. Except as otherwise provided in this article for council members first elected, the mayor shall serve for a term of four years and the council members for a term of three years, beginning on January 1 next following their election.

BOARDS OF EDUCATION

Boards of education have until January 10 per a memorandum issued by former NJ Education Commissioner Christopher Cerf:   “N.J.S.A.18A:10-3(c.) provides that all type II district boards of education with a November school election shall organize annually at a regular meeting held not later than 8 P.M. on any day of the first week in January at which time new members shall take office. If the organization meeting cannot take place on that day by reason of a lack of a quorum or for any other reason, the reorganization meeting shall be held within three days thereafter. This memorandum serves to clarify that the first week in January means the period from January 1 through January 7. The extended period means the period from January 8 through January 10.”