40:82-3 - Term of office; removal - New Jersey Statutes

40:82-3.  Term of office;  removal
    a.  The municipal manager shall hold office as long as he shall perform the  duties of his office to the satisfaction of the municipal council. During the  first 3 consecutive calendar years of his employment he may be removed for or  without cause and after said 3-year period of employment he may be removed only  for cause, after hearing, by a resolution signed by one more than a majority of  all the members of the municipal council setting forth the reasons for such  removal.

    b.  Notwithstanding the provisions of subsection a. of this section, any municipal manager appointed on or after the effective date of this act shall hold office for an indefinite term and may be removed by a majority vote of the  council as hereinafter provided.  To effect the removal of a municipal manager  a preliminary resolution stating the reasons for its removal action shall be  adopted by a majority vote of the council members.  The manager may reply in  writing to the resolution and may request a public hearing on the matter of his  removal, which shall be held not earlier than 20 days and not later than 30  days after the filing of the request.  After the public hearing, if one be  requested, and after full consideration, but not later than 60 days after the  adoption of the preliminary resolution of removal, the council by a majority  vote of its members may adopt a final resolution of removal, and that removal  shall take effect immediately.  Upon the adoption of a preliminary resolution  of removal, the council may suspend a manager from duty, and shall pay the  manager his full salary during his suspension and, if a final resolution of  removal is adopted, for the next 3 calendar months following the adoption of  the preliminary resolution of removal, unless the removal is for good cause.   For the purposes of this section "good cause"  shall mean conviction of a  crime or offense involving moral turpitude, the violation of the provisions of  section 40:83-2, 40:83-3 or 40:83-4 of the Revised Statutes, or the violation  of any code of ethics in effect within the municipality.

     Amended by L.1948, c. 202, p. 1001, s. 1, eff. July 2, 1948;  L.1981, c. 466,  s. 1, eff. Jan. 9, 1982.