1. South Orange
Charter Review Committee
Report to Board of Trustees
Township of South Orange Village
June 27, 2011
June 27, 2011 1

2. Agenda
Background
Charter Review Committee Process
Board of Trustees Process
Adopting Alternate Forms of Government
Overview of Recommendations
Detailed Recommendations
Questions?
June 27, 2011 2

3. Background
South Orange operated as a Village, since 1869 or
earlier
Special Charter adopted 1869 by Special Act of NJ
Legislature
Subsequently amended on several occasions
Last amended January 1978
Jan 1977: Approval by voter referendum
Aug 1977: Enacted by Special Act of NJ Legislature
Charter’s Article 1.7 requires review every 12 years
By Board of Trustees or committee designated by Board
Reviewers prepare report to Board on functioning of
Charter, including any suggested amendments
June 27, 2011 3

4. Background (cont’d)
Board of Trustees recent action
In September 2009, established Charter Review
Committee with seven residents
Four residents, Two Trustees & Village President
Appointed residents & Trustees May 2010
Rusty Burwell, Sheena Collum, Ken Rashbaum, David
Schechner
Janine Bauer, Mark Rosner, Doug Newman
20 public meetings conducted since August 2010
Investigative process supported by Village
Counsel & Village Clerk
June 27, 2011 4

5. Committee’s Process
Gathered input from four groups
S.O. elected officials – current & former
S.O. appointed officials – current & former
Elected officials from other towns
S.O. residents via initial Public Forum 11/29/10
Integrated feedback
Formulated recommendations
Reviewed in second Public Forum 5/25/11
Finalized recommendations
June 27, 2011 5

6. Board of Trustee’s Process
Controlled by NJ statutes
Board receives Committee’s report
If amendments recommended and agreed
upon, can adopt ordinance authorizing
pursuit of Charter amendment by requesting
State Legislature pass appropriate bill
Can include final step in ordinance – approval
by voters following passage of State bill
June 27, 2011 6

7. Adopting Faulkner Act
Form of Government
Alternatively, adopting Faulkner Act form of
government also controlled by State statutes
Faulkner Act (or Optional Municipal Charter
Act) adopted in 1947
Four forms of government enabled – each with
separate options
136 potential combinations permitted
Board can consider specific Faulkner Act
form or all potential combinations – requiring
vote at general or municipal election
June 27, 2011 7

8. Adopting Faulkner Act
Form of Government (cont’d)
For broad consideration of all alternatives, Board must
place question on ballot by ordinance
Voters decide question
Voters elect members of Charter Commission to study
issue
Or, 20% of registered voters may initiate process by
petition
Charter Commission must issue report within 9 months
Commission’s recommendation submitted to second vote
If approved, recommendation becomes new form of
government
June 27, 2011 8

9. Committee’s Process
Charter Review Committee is merely the “front-
end” of a process involving either legislative
revision or more lengthy process requiring
one or more elections
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10. The Charter
Charter includes Seven Articles
1. General Provisions & Powers
2. The Governing Body
3. Ordinances & Resolutions
4. Executive & Administrative Generally
5. Financial Administration
6. Recall Elections
7. Transition
June 27, 2011 10

11. Overview of Recommendations
Wide spectrum of changes proposed
Five broad categories
Minor changes, such as correcting typo’s
Eliminating outdated references
Updating definitions and names
Deferring to NJ statutes pre-empting S.O. Charter
Major changes
Includes changes contemplated, but opposed
by Committee
June 27, 2011 11

12. Overview of Recommendations (cont’d)
Major changes proposed
1. Change “Township of South Orange Village” back to it’s pre-1978
name - “South Orange Village”
2. Change “Village President” to “Mayor;” change “Board of
Trustees” to “Village Council”, change “Trustee” to “Councilman”
and “Councilwoman”
3. Change biennial elections from May to November
4. Provide Village President and Trustees with annual stipends
without any other benefits
5. Change adoption of resolutions to require affirmative vote of
majority of Trustees present, not merely Trustees who voted
6. Allow Village President to have the right to vote on adoption of
the budget
June 27, 2011 12

13. Detailed Recommendations
Article 1
General Provisions & Powers
Change “Charter of the Township of South Orange
Village” to “Charter of South Orange Village” [1.1
Short Title] (Adopted: 5-2)
Change “Board of Trustees” and “Board” to “Village
Council” and “Council” [1.3(b) Definitions]
(Adopted: 5-2)
Change “President” to “Mayor” [change 1.3(e) to
1.3(c)] (Adopted: 5-2)
June 27, 2011 13

14. Detailed Recommendations
Article 1 (cont’d)
General Provisions & Powers
Add "General Law" means any statutory law,
administrative rules, and decisional laws
heretofore or hereafter adopted pursuant to
law. [1.3(d)] (Adopted: 5-2)
Change “The masculine gender includes the
feminine and neuter” to explicitly reference both
genders throughout the Charter. [1.4(b)
Construction] (Adopted 7-0)
Add “digitally processed data, image processed
document” to update antiquated language.
[1.7(e) Charter Review] (Adopted 5-0)
June 27, 2011 14

15. Detailed Recommendations
Article 1 (cont’d)
General Provisions & Powers
Change “…at least once every twelve years…” to
shorten review cycle. [1.7 Charter Review]
(Opposed 1-6)
June 27, 2011 15

16. Detailed Recommendations
Article 2
The Governing Body
Change “The governing body of the village shall be
the Board of Trustees.” to “…governing body…
shall be the Village Council comprised of the
Mayor and Council.” [2.1 Municipal Power]
(Adopted 5-2)
Change “A municipal election shall be held
biennially on the second Tuesday in May.” to
“…shall be held biennially in November, the
General Election.” [2.2 Elections: Trustees and
Village President] (Adopted 4-3)
June 27, 2011 16

17. Detailed Recommendations
Article 2 (cont’d)
The Governing Body
Change “The Village President and each
Trustee shall be a resident and legal voter of
the village for at least one year preceding the
election at which such person is chosen.” to
Reduce one-year residency requirement.
[2.3(a) Qualification; Term] (Opposed 1-6)
Change “a term…in May” to “in
November” to align with 2.2 [2.3(b)
Qualification; Term] (Adopted 5-0)
June 27, 2011 17

18. Detailed Recommendations
Article 2 (cont’d)
The Governing Body
Combine and replace with pursuant to NJ
General Law. [2.4(a) and 2.4(b) Municipal
Vacancies] (Adopted 7-0)
Delete “…Village President… shall have
no vote except as provided in Article III.”
and combine with Section 3.3 [2.7(c)
Procedures. Village President; Presiding
Officer.] (Adopted 7-0)
June 27, 2011 18

19. Detailed Recommendations
Article 2 (cont’d)
The Governing Body
No changes recommended. [2.8
Investigations; Removals.]
(Adopted 7-0)
June 27, 2011 19

20. Detailed Recommendations
Article 2 (cont’d)
The Governing Body
The Committee separated it’s discussion of
stipends into 3 alternatives:
Village President and Trustees shall receive an
annual stipend. (Adopted 6-1)
Village President shall receive $4,000 stipend and
Trustees shall receive $3,500 stipend, as per 2004
Charter Review Study recommendation; prorate
and pay quarterly without any benefits. (Adopted
4-2)
Include stipend amount in Village Charter.
(Adopted 4-2)
June 27, 2011 20

21. Detailed Recommendations
Article 2 (cont’d)
The Governing Body
Change “The Village President and Trustees
shall not receive any compensation...” to “With
the exception of an annual $4,000 stipend for
the Village President, and a $3,500 stipend for
each Trustee, no compensation or other
emoluments shall be paid for their service.
Stipends shall be paid quarterly in arrears and
neither the Village President nor Trustees shall
be entitled to pension, healthcare or other
benefits by reason of such stipends.”
[2.9 Compensation]
June 27, 2011 21

22. Detailed Recommendations
Article 2 (cont’d)
A vacancy in the office of the Village President
shall be filled pursuant to the NJ General Law.
[2.10 Judge of Qualifications; Powers of Expulsion]
(Adopted 6-0)
Replace with pursuant to NJ General Law. [2.11
Clerk of the Board] (Adopted 6-0)
Replace with pursuant NJ General Law. [2.12
Conflict of Interest] (Adopted 7-0)
June 27, 2011 22

23. Detailed Recommendations
Article 3
Ordinances & Resolutions
Change “No resolution may be adopted
without the affirmative vote of a majority of
the Trustees present [delete: and voting].
The Village President may cast the deciding
vote in the case of a tie vote.” [3.3(b) Vote
Required] (Adopted 7-0)
Delete antiquated language, such as
“…imprisonment in county jail…”. [3.5
Penalties for Violating Ordinances] (Adopted
7-0)
June 27, 2011 23

24. Detailed Recommendations
Article 4
Executive and Administrative Generally
Add “The Acting Village President shall serve until the vacancy
is filled.” to clarify timeframe [4.2 Acting Village President; Pro
Tempore Officer] (Adopted 6-0)
In the event of a vacancy of the Village President, Add “…the
vacancy will be filled pursuant to the General Law. [4.3 Vacancy]
(Adopted 6-0)
Change “The Village President shall: (a) Report annually in writing
to the [add: public and] Board of Trustees on the condition of the
village, and the work of the previous year;” [4.4(a) Powers and
Duties; Generally] (Adopted 6-0)
Change “Have such other executive powers and duties as [add:
General Law or] the Charter may provide or as the Board of
Trustees may by ordinance prescribe.’ [4.4(c) Powers and Duties;
Generally] (Adopted 6-0)
June 27, 2011 24

25. Detailed Recommendations
Article 4 (cont’d)
Executive and Administrative Generally
Change “The Village President, as chief executive
officer of the village government, subject to the
Charter and ordinances, shall: …[delete: (c) Sign
warrants for the withdrawal of moneys from the
village treasury;] (d) Sign all [add: withdrawals,
checks,] notes, bonds or obligations of the village
[add: as required by General Law];… (f) Appoint
[add: and remove] officers and employees as
authorized by law. [delete: may be made, and
remove any such officers or employees as may be
authorized by law.] [add: or removal is made by
General Law, the Charter, or the Board of Trustees
by ordinance may proscibe.] [4.5 Executive Powers
and Duties.] (Adopted 4-2)
June 27, 2011 25

26. Detailed Recommendations
Article 4 (cont’d)
Executive and Administrative Generally
Section 4.5 with revisions incorporated
Executive Powers and Duties. The Village President, as chief
executive officer of the village government, subject to the Charter and
ordinances, shall:
a) Supervise and direct all subordinate officers and employees of the
village, and examine any complaints which may be lodged against
any of them;
b) Cause the ordinance of the village to be enforced;
c) Sign all withdrawals, checks, notes, bonds or obligations of the
village, as required by General Law;
d) Inspect the books and vouchers of the Village Treasurer;
e) Appoint officers and employees as authorized by law, and for
which no other provision for appointment or removal is made by
General Law, the Charter, or Board of Trustees by ordinance may
proscribe.
June 27, 2011 26

27. Detailed Recommendations
Article 4 (cont’d)
Executive and Administrative Generally
Change “There shall be a [delete: Village Counsel]
[add: Municipal Attorney] who shall be nominated
and appointed by the Board of Trustees. The Counsel
shall serve for [delete: such term as may be fixed
by ordinance] [add: a term of one year] and until the
appointment and qualification of his successor…” [4.6
Counsel] (Adopted 6-0)
Replace with [delete: “a term of three years
…provided by law”] [add: such term of office, shall
have powers and duties, and shall be subject to
the tenure and removal provisions as provided by
General Law.] [4.7 & 4.8 Village Clerk] (Adopted 6-0)
June 27, 2011 27

28. Detailed Recommendations
Article 5
Financial Administration
Change “…Adoption of the budget shall require the
affirmative vote of four Trustees. The Village President
shall have [delete: no] [add: the] right to vote on the
adoption of the budget.” [5.5 Action by the Board of
Trustees.] (Adopted 5-1)
Change [delete: who shall have a term…as
provided by law] [add: “The Tax Collector shall
serve for such term of office, shall have the
powers and duties, and shall be subject to the
tenure and removal provisions as provided by
General Law.] [5.9 Tax Collector] (Adopted 6-0)
June 27, 2011 28

29. Detailed Recommendations
Article 5 (cont’d)
Change [delete: who shall have a term…as
provided by law] [add: “The Tax Assessor shall
serve for such term of office, shall have the
powers and duties, and shall be subject to the
tenure and removal provisions as provided by
General Law.] [5.10 Tax Assessor] (Adopted 6-0)
Replace with “Chief Finance Officer. There shall be a
Chief Finance Officer who shall be appointed by the
Board of Trustees. The Chief Finance Officer shall
serve for such term of office, shall have the powers
and duties, and shall be subject to the tenure and
removal provisions as provided by General
Law.[5.11(b) Chief Financial Officer] (Adopted 6-0)
June 27, 2011 29

30. Detailed Recommendations
Article 5 (cont’d)
Change [delete: Audit, Warrant and] Payment of Bills
[delete: and Claims]. All bills, claims and demands
against the village shall be approved or disapproved by
the Board of Trustees pursuant to law. [5.12 Audit,
Warrant and Payment of Bills and Claims] (Adopted 6-0)
June 27, 2011 30

31. Detailed Recommendations
Articles 6 and 7
Recall Elections
No changes recommended.
Transitions
No changes recommended.
Section 3
Change “Upon the taking effect of the new
Charter, the 1872 Charter of the Village of
South Orange shall be [replace: ‘repeated’
with ‘repealed’].” [Repealer] (Adopted 7-0)
June 27, 2011 31

32. Detailed Recommendations
Topics considered, but not in the Charter
Term Limits
Should term limits be set for the Village
President? (Opposed 2-4)
Should term limits be set for Village Trustees?
(Opposed 1-4-1)
June 27, 2011 32

33. Detailed Recommendations
Topics considered, but not in the Charter
Add “The Board of Trustees shall not make
contributions to charitable non-profit
organizations, whether non-profit corporations,
associations or other forms. Notwithstanding
such prohibition, the Village Council may enter
into contracts with such entities provided that
the terms of such contracts specifically serve a
public purpose which relate to the functions of
government and benefit the Village.” (Opposed
2-4)
June 27, 2011 33

34. Detailed Recommendations
Topics considered, but not in the Charter
At the suggestion of an attendee at the May 26th public
forum, the Committee recommends that the Board
pursue a non-binding resolution for public consideration
in November 2011 for four changes:
1. Change “Township of South Orange Village” back to it’s pre-1978
name - “South Orange Village”
2. Change “Village President” to “Mayor;” change “Board of
Trustees” to “Village Council”, change “Trustee” to “Councilman”
and “Councilwoman”
3. Change biennial elections from May to November
4. Provide Village President and Trustees with annual stipends
without any other benefits
(Adopted 4-2)
June 27, 2011 34

35. Exhibits
1 Resolution Establishing the Charter Review Committee
2.1 Resolution Appointing Board of Trustees Members to Committee
2.2 Resolution Appointing Resident Members to Committee
3 Village Counsel Memo regarding Charter Review Process
4.1 November 29, 2010 Public Forum Feedback
4.2 May 26, 2011 Public Forum Feedback
5 Committee’s Detailed Recommendations & Voting
6.1 Historical Costs South Orange Municipal Elections, 2001-2011
6.2 Historical Voter Turn-out for Local Elections 2005-2011
7 Elected Officials’ Stipends in Essex County Municipalities
8 Meetings of the Charter Review Committee, 2010-2011
9 Charter of the Township of South Orange
June 27, 2011 35

36. Final Report
Questions?
June 27, 2011 36