40A:9-161 - Removal of officers and employees; procedure; exceptions - New Jersey Statutes

40A:9-161.  Removal of officers and employees;  procedure;  exceptions
    In any municipality wherein Title 11 (Civil Service) of the Revised Statutes  is not operative and unless otherwise provided by law, no officer or employee  of such municipality who has tenure in office shall be removed from his office  or position except upon written charges, signed by the person making such  charges.  The complaint shall be filed with the governing body of such  municipality and a copy thereof shall be served upon the officer or employee so  charged, with notice of a designated time and place for the hearing thereon  which shall be not less than 10 days nor later than 30 days from the service of  the complaint.

    The officer or employee so charged and the governing body shall have the right to be represented by counsel and the power to subpena witnesses and documentary evidence.  The governing body shall prescribe rules and regulations  for the conduct of the hearing.

    No such officer or employee shall be removed from his office or position for  political reasons or except as otherwise provided by law, because of a change  in the form of government.

    The Superior Court shall have jurisdiction to review the determination of the governing body, which court shall hear the cause de novo on the record below and affirm, modify or set aside the determination.

    Either party may supplement the record with additional testimony subject to  the rules of evidence.

    The removal procedures set forth in this section shall not apply to officers  for which specific removal procedures are elsewhere provided by law.

     L.1971, c. 200, s. 1, eff. July 1, 1971.  Amended by L.1981, c. 75, s. 4, eff.  March 23, 1981;  L.1981, c. 393, s. 27, eff. Jan. 6, 1982.