Mayor-council-administrator form reviewed

CHARTER STUDY HIGHLIGHTS

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   In November the voters approved the formation of a Charter Study Commission to study the current form of government, to investigate optional forms, and to recommend whether or not a change of government will make our community better.
   Follow Charter Study Commission activities and discussions – on cable Channel 25; DVD videos of our meetings available in the Library; Hillsborough Township Web site at www.hillsborough-nj.org; and www.hillsborough-charterstudy.com.
   The mayor-council-administrator (M-C-A) form of government has been discussed by the commission. We provide this information for your consideration as we move into the final phase of our study where we will be determining the recommendations that will comprise our recommendation report.
Summary of form
   The mayor-council-administrator (M-C-A) form is the most recent form of government added to the Optional Municipal Charter Law (OMCL). The County and Municipal Government Study Commission conducted a study to determine which forms of government worked best. The survey measured how happy municipalities were with their form of government. The 1979 report determined that the most popular form, the borough form, should be made available as a charter option for all New Jersey municipalities.
   The legislature added a modified version of the borough form as the mayor-council-administrator form in 1981.
   The mayor-council-administrator form differs from the other OMCL forms in that no options are available. The M-C-A form consists of a six-member council, a mayor elected at-large by the voters, and an administrator. Elections are partisan elections held in November.
Role of the mayor
   The voters in an M-C-A municipality elect the mayor to a four-year term. The mayor is the chief executive of the town. The mayor sits on the council and presides over council meetings. The mayor participates in council discussions but does not participate in council votes except to break a tie. The mayor may veto all or a portion of an ordinance, returning it with his written objections to the council.
   The mayor appoints the administrator, department heads, and other officers and employees with the advice and consent of the council.
Role of the council
   The council is the legislative body. The voters in an M-C-A municipality elect two council members each year to three-year terms. Although the mayor may veto an ordinance, the four council members needed to pass an ordinance are also the number needed to override a mayor’s veto.
   The council provides advice and consent for hiring of mayoral appointees and may remove appointees for cause. The council also prepares the budget with the assistance of the administrator.
Role of the administrator
   The administrator is appointed by the mayor with the advice and consent of the council. The administrator supervisors the departments and develops the administrative practices, rules, and procedures.
   The administrator also assists the council in the preparation of the budget.
Conclusion
   The M-C-A form is similar to our current township committee form of government but allows the residents to elect the mayor with a four-year term. Unlike other OMCL forms, municipalities using the M-C-A form cannot choose any of the typical options.
   With the mayor presiding over council meetings, a single point of contact is maintained for residents. The council retains all the legislative powers. Although the mayor can veto ordinances, the fact that the same number of council votes that originally passed an ordinance is able to override the veto makes the mayor’s veto more a symbolic gesture than a real mayoral power.
   Both the mayor and administrator are charged with administrative functions allowing a potential conflict between the two positions.
   The State Commission on County and Municipal Government reported that "it is quite possible that the administrator could be pulled in two different directions, since the mayor and administrator share executive powers while in contrast the administrator serves at the pleasure of the council.
   Because of this built in conflict, the commission recommends that this form be removed from the rewritten Optional Municipal Charter Law." The legislature did not following this recommendation and as of January 2007 three municipalities have adopted the M-C-A form.
Charter Study Highlights is an update of discussions held by the Hillsborough Charter Study Commission, submitted for publication by the commission members.