40:68A-5 - Members of port authority; powers; terms; expenses; officers, agents and authorities; civil service - New Jersey Statutes

40:68A-5.  Members of port authority;  powers;  terms;  expenses; officers,  agents and authorities;  civil service    (a) The powers of a port authority shall be vested in the members thereof in  office from time to time.  A majority of the entire authorized membership of a  port authority shall constitute a quorum at any meeting thereof.  Action may be  taken and motions and resolutions adopted by the port authority at any meeting  of the members thereof by vote of a majority of the members present, unless in  any case the bylaws of the port authority shall require a larger number.  The  port authority may delegate to one or more of its officers, agents or employees  such powers and duties as it may deem proper.

    (b) Each member of a port authority shall hold office for the term for which  he was appointed and until his successor has been appointed and has qualified.

    (c) No member, officer or employee of a port authority shall have or acquire  any interest, direct or indirect, in the port facilities or in any property  included or planned to be included in the port facilities or in any contract or  proposed contract for materials or services to be furnished to or used by the  port authority, but neither the holding of any office or employment in the  government of any municipality or under any law of the State nor the owning of  any property within the State shall be deemed a disqualification for membership  in or employment by a port authority.  A member of a port authority may be  removed only by the governing body by which he was appointed and only for  inefficiency or neglect of duty or misconduct in office and after he shall have  been given a copy of the charges against him and, not sooner than 10 days  thereafter, had opportunity in person or by counsel to be heard thereon by such  governing body.

    (d) A port authority may reimburse its members for necessary expenses incurred in the discharge of their duties.  The ordinance or parallel ordinances for the creation of a port authority may provide that the members of  the port authority may receive compensation for their services within an annual  and other limitations to be stated in such ordinance or parallel ordinances,  and in that event, each member may receive from the port authority such  compensation for his services as the port authority may determine within the  limitations stated in such ordinance or parallel ordinances.  No member of any  port authority shall receive any compensation for his services except as  provided in this subsection.

    (e) Every port authority, upon the first appointment of its members and thereafter on or after the first day of February in each year, shall annually elect from among its members a chairman and a vice-chairman who shall hold office, until the first day of February next ensuing and until their respective  successors have been appointed and have qualified.  Every port authority may  also appoint and employ a secretary and such professional and technical  advisers and experts and such other officers, agents and employees as it may  require, and it shall determine their qualifications, duties and compensation.

    (f)(1) Whenever the governing body of the municipality, or the governing bodies of two or more municipalities, which established the port authority have  adopted the provisions of Title 11 of the Revised Statutes, all positions and  employments of the port authority shall be subject to the provisions of Title  11 of the Revised Statutes and shall be allocated to appropriate titles by the  Civil Service Commission.

    (2) The Civil Service Commission shall provide the port authority with a list of the positions and employments allocated to the classified service and the appropriate titles.  Within 30 days of the receipt of the list, the port authority shall certify to the Civil Service Commission, the names of all those  persons employed with the port authority in the allocated positions and employments on the effective date of this act.  After passing a qualifying examination, the employees so certified shall be recorded, under the appropriate titles, as having been permanently appointed in the classified service of civil service as of the date of their original appointment. Thereafter, the employees shall be under and subject to the provisions of Title 11 of the Revised Statutes.

    Persons appointed and employed by the port authority after the effective date of this act shall be subject to the civil service examination and appointment procedures of Title 11 of the Revised Statutes.

     L.1948, c. 349, p. 1385, s. 5, eff. Sept. 1, 1948.  Amended by L.1984, c. 116, s. 1, eff. Aug. 3, 1984.