40:71-9 - Elective and appointive officers' terms cease; boards abolished; exception - New Jersey Statutes

40:71-9.  Elective and appointive officers' terms cease;  boards abolished;   exception
    Upon the adoption of chapters seventy to seventy-six of this Title, and the  organization of the commissioners first elected, the governing body or bodies  and all other boards and bodies whether State or local municipal agencies then  existing in the municipality, except the board of education and any municipal  court, shall be ipso facto abolished and the terms of all councilmen, aldermen  and all other officers, whether elective or appointive, shall immediately cease  and determine, and all the powers and duties devolved by law upon such boards  and bodies shall pass to, vest in and be performed by the board of  commissioners elected under the provisions of said chapters seventy to  seventy-six, but nothing in this section contained shall prohibit the creation  of subordinate boards authorized by section 40:72-7 of this Title.

    The board of commissioners shall have and exercise all the powers granted or  to be granted to the boards and bodies supplanted by it, by laws enacted subsequent to the organization of said board, unless such power is expressly withheld.

    Nothing herein contained shall be construed to affect in any way the term of  office of any policeman, fireman, or other employee of any police or fire department, veteran of any war, or other official or employee now protected by any tenure of office act.  Wherever a municipality is operating under the provisions of subtitle three of Title 11 of the Revised Statutes, at the time of the adoption of the provisions of chapters seventy to seventy-six of this Title, then nothing herein contained relative to the termination of his term, dismissal or discharge shall apply to any person holding any position or office  coming within the classified service of the Civil Service law.

     Amended by L.1953, c. 37, p. 732, s. 237, eff. March 19, 1953.