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Local Self Government In New Jersey

LOCAL GOVERNMENT EVOLUTIONFrom Great Britain,paragraph 9 is not reflected in statutory
American colonist inherited governmentallaw.Section 9 states that "The Legislature
forms and customs, and the tradition ofshall not pass any private, special or local
limited local self-government. Among thelaws: ... (5) Creating, increasing or
British institutions transplanted to Americadecreasing the emoluments, term or tenure
are the county and the town, along with therights of any public officers or employees.
principal local government officials such as... (12) Appointing local officers or
the councilman, the constable, and thecommissions to regulate municipal affairs.
sheriff. At the time the American colonies(13) Regulating the internal affairs of
were founded, Great Britain, more than anymunicipalities formed for local government
other European country, had established theand counties, except as otherwise in this
custom that local affairs should be managedConstitution provided."The following section,
by local people and not by officials of thehowever, paragraph 10, which allows
central government. As one of the originalmunicipalities and counties to petition for
13 English colonies, New Jersey's Englishspecial legislation, is implement by
settlers established the English localN.J.S.A.1:6-10 et seq..ACCOUNTABLE TO THE
government system of counties as agencies ofELECTORATEOne of the core foundations for
the sovereign and chartered municipalitiesgood local self governance is
once the colonial government was established.accountability. Accountability concerns the
In towns and townships residents gathered atprocesses by which those who exercise power
an annual town meeting, as in other Newas elected representatives show that they
England states, to make appropriations tohave exercised their powers and discharged
meet their needs.CREATURE OF THE STATELocaltheir duties properly. Their are two
self governance is the "exercise of economic,principal elements of accountability.
political and administrative authority toPolitical accountability which requires
manage a local government's affairs at allpolitical leaders to account for their
levels. It comprises the mechanisms,actions. Political accountability involves
processes and institutions through whichformal and informal activity like elections,
residents and groups articulate theirreferendums, relationships within and between
interests, exercise their legal rights, meetpolitical parties, the release of information
their obligations and mediate theirand public debate. Administrative
differences. Local government public bodiesaccountability is the other element which
are corporate and politic with perpetualincludes the formal systems of auditing and
succession comprised of municipal residentsfinancially accounting for the utilization of
exercising public and essential localpublic resources. In practice each of these
government functions. Local governments aretwo elements is an important determinant of
necessarily continuing concerns. Localthe nature of the other.An evaluation of the
governments are creatures of the State withconcept of accountability requires two
the power to enforce their own laws. In Newassessments. The consultation assessment
Jersey local municipal governments areinvolves the process of hearing people (as
general purpose in character, are formed atindividuals or in associational forms such as
their own request, and govern residentsinterest groups) seeking their guidance and
within incorporated areas.HOME RULENewinforming them of the goals of the public
Jersey's Constitution, unlike most statepolicy to be pursued. The other involves an
constitutions, does not provide for theappraisal process of reporting on the
organization and powers of cities, counties,outcomes of a policy and the resources
and other units of local government.utilized in its pursuit. This permits, in
However, the Legislature acted early totheory, the people to judge the quality of
create a general system of government forthe policy, facilitates the identification of
local units. Under the provisions of an actmistakes or casualness in policy-making and
of 1798, New Jersey Laws 1798, p.289, eachexposes corruption and abuses. After the
township was constituted a "body politic andappraisal process there must be sanctions
corporate in law" with specified powers. Noavailable, that is, penalties imposed on
uniform body of law, comparable to thatthose who are judged to not have discharged
applicable to other types, exists for cities.their responsibilities fully (through
City legislation authenticating various citynegligence or intent).Rulers are always
governments continued to be adopted for yearsaccountable to the electorate. What is
through validating acts which resulted in aplanned must to some degree also be
diverse set of statutes relating to cityachieved. Development and maintenance of a
officers and functions. Prior to 1875,fair and safe community with a healthful
boroughs usually were created by special actenvironment for all its residents are basic
of the Legislature and were governed by thelocal government requirements. Public
provisions of individual charters. Theexpenditures on a local government level are
constitutional prohibition against special orexpended in the interest of the local people
local legislation negated this approach andby the representatives of the people
led to the enactment of a general borough lawresponsible for raising those funds.Walter
in 1878, New Jersey Laws 1878, p.403.Lippmann said "if the people find that they
Further, the classification of cities andmust choose whether they will be represented
boroughs was provided for by law, New Jerseyby an assembly which is incompetent to
Laws, 1882, p.47 and 1883, p.157.govern, or whether they will be governed by
Legislation also was passed establishing aan authority without being represented, they
general pattern of county governmentwill choose the authority, which promises to
throughout the State in the same act (see Newbe paternal, in preference to freedom which
Jersey Laws 1798, page 270). Finally, thethreatens to be fratricidal. For large
Home Rule Act, P.L.1917, c.152, indicatedcommunities cannot do without being
that it is the intent of the Legislature togoverned."LOCAL GOVERNMENT DETERMINES QUALITY
give all municipalities the fullest and mostOF LIFEThe local government system because of
complete powers possible over internalits activities and functions in New Jersey is
affairs for local self-government. The acta major force in determining the quality of
constituted a revision of many existing lawslife for New Jerseyans. Local government in
relating to municipalities; it was designedNew Jersey impacts on and utilizes virtually
to confer broad general and regulatoryevery branch of law. While no specific form
powers. As a result of the 1917 law, withof local government is guaranteed to the
subsequent amendments, New Jerseypeople by either the federal or State
municipalities may avail themselves of aconstitution, Article II, paragraph 1, of the
common body of powers conferred for localNew Jersey Constitution concerning elections
purposes.POWERS GRANTED, PROTECTIONS AFFORDEDand the right of the people to vote states
LOCAL GOVERNMENTArticle IV of the New Jerseythat "local elective officers shall be chosen
Constitution contains many of the New Jerseyat general elections ...."In New Jersey
Constitution's statements concerninglocal government law has its own legal
municipal government. These statements haveregulatory systems in areas such as civil
for the most part been implemented byservice, land use, code enforcement and
specific grants of statutoryhealth. Local government also plays a
authority.Article IV, section VI, paragraphcritical roe in environmental law, alcoholic
2, of the New Jersey Constitution permits thebeverage control, CATV franchising, criminal
Legislature to enact general laws under whichlaw enforcement, regulation of private
municipalities, other than counties, mayconstruction, economic regulations such as
adopt zoning ordinances limiting andrent control and even in such mundane
restricting to specified districts buildingsactivities as traffic and parking regulation
and structures, according to theirand enforcement. At the State level there is
construction, and the nature and extent ofalso a rather complex set of laws pertaining
their use, and the nature and extent of theto: collective bargaining, taxation,
uses of land, and the exercise of suchbudgeting and financial administration.
authority is deemed to be within the policeLocal government also provides virtually
power of the State.Article IV, section VI,every service rendered directly to citizens,
paragraph 3, permits municipalities, to takesuch as police, fire, sewer, water, first
or otherwise acquire an interest in privateaid, garbage disposal, recreation,
property for any public use, so long as theetc.Biography: Gerald 'Jerry' Dowgin "The
owner of the property involved in the takingProperty Tax Doctor" and the author of the
receives just compensation.The mostHomeowner's Assessment Review Guide ( a
important clause in Article IV for analyzingformer tax assessor worked in the field of
the powers of local government in New Jerseypublic finance at the State and local levels
is section 7, paragraph 11. It reads asin New Jersey for more than three decades
follows:"The provisions of this Constitutionuntil his retirement in 2001. As a
and of any law concerning municipalSupervising Tax Analyst in the Office of
corporations formed for local government, orResearch and Statistics in the Division of
concerning counties, shall be liberallyTaxation in the New Jersey Department of
construed in their favor. The powers ofTreasury he worked principally on local
counties and such municipal corporationsproperty tax issues. Then he joined the
shall include not only those granted inOffice of Legislative Services (OLS) in 1983
express terms but also those of necessary orand served as the Secretary to the New Jersey
fair implication, or incident to the powersProperty Tax Assessment Study Commission for
expressly conferred, or essential thereto,four years. While working in the OLS, Local
and not inconsistent with or prohibited byGovernment Section he researched, drafted,
this Constitution or by law."The protectionsand estimated the cost of the Senior Property
afforded in the prohibition against theTax Freeze Bill which was signed onto law and
legislature's passage of any special actworked on legislation that became law that
regulating the internal affairs of avirtually stopped the tax assessment practice
municipality except as permitted by theof "Spot Assessments" in New Jersey that had
Constitution in Article IV, section 7,treated many property taxpayers unfairly.



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