Local Self Government In New Jersey

By: Gerald Dowgin
Submitted: 2007-01-17 16:17:16
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LOCAL GOVERNMENT EVOLUTION

From Great Britain, American colonist inherited governmental forms and customs, and the tradition of limited local self-government. Among the British institutions transplanted to America are the county and the town, along with the principal local government officials such as the councilman, the constable, and the sheriff. At the time the American colonies were founded, Great Britain, more than any other European country, had established the custom that local affairs should be managed by local people and not by officials of the central government. As one of the original 13 English colonies, New Jersey's English settlers established the English local government system of counties as agencies of the sovereign and chartered municipalities once the colonial government was established. In towns and townships residents gathered at an annual town meeting, as in other New England states, to make appropriations to meet their needs.

CREATURE OF THE STATE

Local self governance is the "exercise of economic, political and administrative authority to manage a local government's affairs at all levels. It comprises the mechanisms, processes and institutions through which residents and groups articulate their interests, exercise their legal rights, meet their obligations and mediate their differences. Local government public bodies are corporate and politic with perpetual succession comprised of municipal residents exercising public and essential local government functions. Local governments are necessarily continuing concerns. Local governments are creatures of the State with the power to enforce their own laws. In New Jersey local municipal governments are general purpose in character, are formed at their own request, and govern residents within incorporated areas.

HOME RULE

New Jersey's Constitution, unlike most state constitutions, does not provide for the organization and powers of cities, counties, and other units of local government. However, the Legislature acted early to create a general system of government for local units. Under the provisions of an act of 1798, New Jersey Laws 1798, p.289, each township was constituted a "body politic and corporate in law" with specified powers. No uniform body of law, comparable to that applicable to other types, exists for cities. City legislation authenticating various city governments continued to be adopted for years through validating acts which resulted in a diverse set of statutes relating to city officers and functions. Prior to 1875, boroughs usually were created by special act of the Legislature and were governed by the provisions of individual charters. The constitutional prohibition against special or local legislation negated this approach and led to the enactment of a general borough law in 1878, New Jersey Laws 1878, p.403. Further, the classification of cities and boroughs was provided for by law, New Jersey Laws, 1882, p.47 and 1883, p.157. Legislation also was passed establishing a general pattern of county government throughout the State in the same act (see New Jersey Laws 1798, page 270). Finally, the Home Rule Act, P.L.1917, c.152, indicated that it is the intent of the Legislature to give all municipalities the fullest and most complete powers possible over internal affairs for local self-government. The act constituted a revision of many existing laws relating to municipalities; it was designed to confer broad general and regulatory powers. As a result of the 1917 law, with subsequent amendments, New Jersey municipalities may avail themselves of a common body of powers conferred for local purposes.

POWERS GRANTED, PROTECTIONS AFFORDED LOCAL GOVERNMENT

Article IV of the New Jersey Constitution contains many of the New Jersey Constitution's statements concerning municipal government. These statements have for the most part been implemented by specific grants of statutory authority.

Article IV, section VI, paragraph 2, of the New Jersey Constitution permits the Legislature to enact general laws under which municipalities, other than counties, may adopt zoning ordinances limiting and restricting to specified districts buildings and structures, according to their construction, and the nature and extent of their use, and the nature and extent of the uses of land, and the exercise of such authority is deemed to be within the police power of the State.

Article IV, section VI, paragraph 3, permits municipalities, to take or otherwise acquire an interest in private property for any public use, so long as the owner of the property involved in the taking receives just compensation.

The most important clause in Article IV for analyzing the powers of local government in New Jersey is section 7, paragraph 11. It reads as follows:

"The provisions of this Constitution and of any law concerning municipal corporations formed for local government, or concerning counties, shall be liberally construed in their favor. The powers of counties and such municipal corporations shall include not only those granted in express terms but also those of necessary or fair implication, or incident to the powers expressly conferred, or essential thereto, and not inconsistent with or prohibited by this Constitution or by law."

The protections afforded in the prohibition against the legislature's passage of any special act regulating the internal affairs of a municipality except as permitted by the Constitution in Article IV, section 7, paragraph 9 is not reflected in statutory law.

Section 9 states that "The Legislature shall not pass any private, special or local laws: ... (5) Creating, increasing or decreasing the emoluments, term or tenure rights of any public officers or employees. ... (12) Appointing local officers or commissions to regulate municipal affairs. (13) Regulating the internal affairs of municipalities formed for local government and counties, except as otherwise in this Constitution provided."

The following section, however, paragraph 10, which allows municipalities and counties to petition for special legislation, is implement by N.J.S.A.1:6-10 et seq..

ACCOUNTABLE TO THE ELECTORATE

One of the core foundations for good local self governance is accountability. Accountability concerns the processes by which those who exercise power as elected representatives show that they have exercised their powers and discharged their duties properly. Their are two principal elements of accountability. Political accountability which requires political leaders to account for their actions. Political accountability involves formal and informal activity like elections, referendums, relationships within and between political parties, the release of information and public debate. Administrative accountability is the other element which includes the formal systems of auditing and financially accounting for the utilization of public resources. In practice each of these two elements is an important determinant of the nature of the other.

An evaluation of the concept of accountability requires two assessments. The consultation assessment involves the process of hearing people (as individuals or in associational forms such as interest groups) seeking their guidance and informing them of the goals of the public policy to be pursued. The other involves an appraisal process of reporting on the outcomes of a policy and the resources utilized in its pursuit. This permits, in theory, the people to judge the quality of the policy, facilitates the identification of mistakes or casualness in policy-making and exposes corruption and abuses. After the appraisal process there must be sanctions available, that is, penalties imposed on those who are judged to not have discharged their responsibilities fully (through negligence or intent).

Rulers are always accountable to the electorate. What is planned must to some degree also be achieved. Development and maintenance of a fair and safe community with a healthful environment for all its residents are basic local government requirements. Public expenditures on a local government level are expended in the interest of the local people by the representatives of the people responsible for raising those funds.

Walter Lippmann said "if the people find that they must choose whether they will be represented by an assembly which is incompetent to govern, or whether they will be governed by an authority without being represented, they will choose the authority, which promises to be paternal, in preference to freedom which threatens to be fratricidal. For large communities cannot do without being governed."

LOCAL GOVERNMENT DETERMINES QUALITY OF LIFE

The local government system because of its activities and functions in New Jersey is a major force in determining the quality of life for New Jerseyans. Local government in New Jersey impacts on and utilizes virtually every branch of law. While no specific form of local government is guaranteed to the people by either the federal or State constitution, Article II, paragraph 1, of the New Jersey Constitution concerning elections and the right of the people to vote states that "local elective officers shall be chosen at general elections ...."

In New Jersey local government law has its own legal regulatory systems in areas such as civil service, land use, code enforcement and health. Local government also plays a critical roe in environmental law, alcoholic beverage control, CATV franchising, criminal law enforcement, regulation of private construction, economic regulations such as rent control and even in such mundane activities as traffic and parking regulation and enforcement. At the State level there is also a rather complex set of laws pertaining to: collective bargaining, taxation, budgeting and financial administration. Local government also provides virtually every service rendered directly to citizens, such as police, fire, sewer, water, first aid, garbage disposal, recreation, etc.

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