52:27-13.2 - Certifying failure of municipal officer or employee to perform duties; removal or suspension; appointment of another - New Jersey Statutes

52:27-13.2.  Certifying failure of municipal officer or employee to perform  duties;  removal or suspension;  appointment of another
    Whenever, pursuant to this chapter, the commission shall function in a municipality, it shall have, in addition to the powers granted in sections 52:27-13.1 of this title, the power, and it shall be its duty, to certify by resolution to the governing body and to the officer or employee concerned any failure on the part of such officer or employee of such municipality to perform  any duty imposed upon such officer or employee under the provisions of any  statute, local ordinance or regulation.  Unless prior to the thirtieth day  following the date of such certification, the governing body and the commission  shall by resolution declare that such officer or employee has satisfactorily  undertaken the performance of such duty, the governing body shall by resolution  either remove, or suspend, with or without pay, such officer or employee;  but  nothing herein contained shall be deemed to authorize the removal or suspension  hereunder without pay of any elected officer, but such officer may be suspended  hereunder with pay for the remainder of his term of office.  Upon the removal  or suspension hereunder of any officer or employee, it shall be the duty of the  governing body, with the concurrence and approval of the commission, to appoint  a person or persons satisfactory to the governing body and to the commission to  perform the duties of such officer or employee.  In the event that no such  satisfactory person can be found to perform such duties who is a resident of  the municipality, it shall be lawful to appoint a person residing outside of  the municipality.