THIS IS THE
PART OF TODAY'S NJ
THAT THIS DECISION
APPLIES TO ATLANTIC
SAME FORM OF GOVERNMENT
THE FAULKNER ACT,
HarryHurley.com strongly urges
the Mayor Langford Administration to go back to Judge Armstrong ... Her decision
was wrong ... And, it has now been formally trumped by the
New Jersey Supreme
Read on ...
Supreme Court in Newark City Council v Mayor Sharpe
We are called on to resolve a discrete governance dispute between City
Council and the Mayor based on strict principles of statutory interpretation:
whether City Council has the implied authority to enter into contracts in
furtherance of its statutory duties under N.J.S.A.
40:69A-36. In its simplest form, City Council claims it cannot discharge its
statutory obligations without the necessary tools and that the ability to retain
and pay consultants or experts is one of those tools. According to City
Councilís analysis, it stands to reason that City Council should be able to
retain its own lawyers, accountants, and experts in the discharge of its
statutory obligations, all without the Mayorís involvement. As a threshold
matter, City Council asserts that the 1985 amendment to Section 32 of the
Faulkner Act, N.J.S.A.
40:69A-32(b) (the Lynch Amendment), specifically provides that authority. We
Finally, City Council argues that, because Section 5 of the Local
Public Contracts Law, N.J.S.A.
40A:11-5, allows the governing body to purchase professional services by
resolution and without public advertisements or competitive bids, it can
purchase professional services without any input from the Mayor. We reject City
Councilís expansive reading of the Local Public Contracts Law because, simply,
it is contrary to the balanced scheme created by the mayor-council plan of
government under the Faulkner Act. As provided by the relevant provisions of the
Optional Municipal Charter Law, N.J.S.A.
40:69A-32(a), the governing body of a mayor-council municipality consists of
the mayor and
the council. Although administrative or
executive functions are the province of the mayor alone, the council is
entrusted with legislative and concomitant investigative functions. N.J.S.A.
40:69A-32(b). Notwithstanding that access to consultants at times may be a
necessary ancillary to City Councilís legislative and investigative functions,
the actual contracting for consultants remains an administrative or executive
function statutorily entrusted to the mayor. Stated differently, City Council
cannot, under the aegis of issuing a resolution for the direct and independent
contracting of consultants (a process over which the mayor has no control), do
indirectly what the Faulkner Act specifically provides it cannot do directly.
City Councilís reasoning would swallow whole the traditional functioning of the
executive under the mayor-council plan of government authorized by the Faulkner
EDITOR'S NOTE: This is exactly what HarryHurley.com
has maintained all along! Our Thanks to skilled attorney Fred Bor
for his assistance today on this
Click Here: Gallagher may be out as Council Solicitor?
May 25, 2005