HarryHurley.com
 
BREAKING NEWS
 
THIS IS THE IMPORTANT
PART OF TODAY'S NJ
SUPREME COURT DECISION
 
IT CERTAINLY APPEARS 
THAT THIS DECISION
APPLIES TO ATLANTIC CITY
 
SAME FORM OF GOVERNMENT ...
THE FAULKNER ACT, ETC.
 
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 Court
 
Read on ...
 
 
Supreme Court in Newark City Council v Mayor Sharpe James
 
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 disagree.
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 both 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 Act.
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 report. 






Click Here: Gallagher may be out as Council Solicitor?






May 25, 2005             HarryHurley.com