| LOCAL GOVERNMENT EVOLUTIONFrom Great Britain, | | | | paragraph 9 is not reflected in statutory |
| American colonist inherited governmental | | | | law.Section 9 states that "The Legislature |
| forms and customs, and the tradition of | | | | shall not pass any private, special or local |
| limited local self-government. Among the | | | | laws: ... (5) Creating, increasing or |
| British institutions transplanted to America | | | | decreasing the emoluments, term or tenure |
| are the county and the town, along with the | | | | rights of any public officers or employees. |
| principal local government officials such as | | | | ... (12) Appointing local officers or |
| the councilman, the constable, and the | | | | commissions to regulate municipal affairs. |
| sheriff. At the time the American colonies | | | | (13) Regulating the internal affairs of |
| were founded, Great Britain, more than any | | | | municipalities formed for local government |
| other European country, had established the | | | | and counties, except as otherwise in this |
| custom that local affairs should be managed | | | | Constitution provided."The following section, |
| by local people and not by officials of the | | | | however, paragraph 10, which allows |
| central government. As one of the original | | | | municipalities and counties to petition for |
| 13 English colonies, New Jersey's English | | | | special legislation, is implement by |
| settlers established the English local | | | | N.J.S.A.1:6-10 et seq..ACCOUNTABLE TO THE |
| government system of counties as agencies of | | | | ELECTORATEOne of the core foundations for |
| the sovereign and chartered municipalities | | | | good local self governance is |
| once the colonial government was established. | | | | accountability. Accountability concerns the |
| In towns and townships residents gathered at | | | | processes by which those who exercise power |
| an annual town meeting, as in other New | | | | as elected representatives show that they |
| England states, to make appropriations to | | | | have exercised their powers and discharged |
| meet their needs.CREATURE OF THE STATELocal | | | | their duties properly. Their are two |
| self governance is the "exercise of economic, | | | | principal elements of accountability. |
| political and administrative authority to | | | | Political accountability which requires |
| manage a local government's affairs at all | | | | political leaders to account for their |
| levels. It comprises the mechanisms, | | | | actions. Political accountability involves |
| processes and institutions through which | | | | formal and informal activity like elections, |
| residents and groups articulate their | | | | referendums, relationships within and between |
| interests, exercise their legal rights, meet | | | | political parties, the release of information |
| their obligations and mediate their | | | | and public debate. Administrative |
| differences. Local government public bodies | | | | accountability is the other element which |
| are corporate and politic with perpetual | | | | includes the formal systems of auditing and |
| succession comprised of municipal residents | | | | financially accounting for the utilization of |
| exercising public and essential local | | | | public resources. In practice each of these |
| government functions. Local governments are | | | | two elements is an important determinant of |
| necessarily continuing concerns. Local | | | | the nature of the other.An evaluation of the |
| governments are creatures of the State with | | | | concept of accountability requires two |
| the power to enforce their own laws. In New | | | | assessments. The consultation assessment |
| Jersey local municipal governments are | | | | involves the process of hearing people (as |
| general purpose in character, are formed at | | | | individuals or in associational forms such as |
| their own request, and govern residents | | | | interest groups) seeking their guidance and |
| within incorporated areas.HOME RULENew | | | | informing them of the goals of the public |
| Jersey's Constitution, unlike most state | | | | policy to be pursued. The other involves an |
| constitutions, does not provide for the | | | | appraisal process of reporting on the |
| organization and powers of cities, counties, | | | | outcomes of a policy and the resources |
| and other units of local government. | | | | utilized in its pursuit. This permits, in |
| However, the Legislature acted early to | | | | theory, the people to judge the quality of |
| create a general system of government for | | | | the policy, facilitates the identification of |
| local units. Under the provisions of an act | | | | mistakes or casualness in policy-making and |
| of 1798, New Jersey Laws 1798, p.289, each | | | | exposes corruption and abuses. After the |
| township was constituted a "body politic and | | | | appraisal process there must be sanctions |
| corporate in law" with specified powers. No | | | | available, that is, penalties imposed on |
| uniform body of law, comparable to that | | | | those who are judged to not have discharged |
| applicable to other types, exists for cities. | | | | their responsibilities fully (through |
| City legislation authenticating various city | | | | negligence or intent).Rulers are always |
| governments continued to be adopted for years | | | | accountable to the electorate. What is |
| through validating acts which resulted in a | | | | planned must to some degree also be |
| diverse set of statutes relating to city | | | | achieved. Development and maintenance of a |
| officers and functions. Prior to 1875, | | | | fair and safe community with a healthful |
| boroughs usually were created by special act | | | | environment for all its residents are basic |
| of the Legislature and were governed by the | | | | local government requirements. Public |
| provisions of individual charters. The | | | | expenditures on a local government level are |
| constitutional prohibition against special or | | | | expended in the interest of the local people |
| local legislation negated this approach and | | | | by the representatives of the people |
| led to the enactment of a general borough law | | | | responsible for raising those funds.Walter |
| in 1878, New Jersey Laws 1878, p.403. | | | | Lippmann said "if the people find that they |
| Further, the classification of cities and | | | | must choose whether they will be represented |
| boroughs was provided for by law, New Jersey | | | | by an assembly which is incompetent to |
| Laws, 1882, p.47 and 1883, p.157. | | | | govern, or whether they will be governed by |
| Legislation also was passed establishing a | | | | an authority without being represented, they |
| general pattern of county government | | | | will choose the authority, which promises to |
| throughout the State in the same act (see New | | | | be paternal, in preference to freedom which |
| Jersey Laws 1798, page 270). Finally, the | | | | threatens to be fratricidal. For large |
| Home Rule Act, P.L.1917, c.152, indicated | | | | communities cannot do without being |
| that it is the intent of the Legislature to | | | | governed."LOCAL GOVERNMENT DETERMINES QUALITY |
| give all municipalities the fullest and most | | | | OF LIFEThe local government system because of |
| complete powers possible over internal | | | | its activities and functions in New Jersey is |
| affairs for local self-government. The act | | | | a major force in determining the quality of |
| constituted a revision of many existing laws | | | | life for New Jerseyans. Local government in |
| relating to municipalities; it was designed | | | | New Jersey impacts on and utilizes virtually |
| to confer broad general and regulatory | | | | every branch of law. While no specific form |
| powers. As a result of the 1917 law, with | | | | of local government is guaranteed to the |
| subsequent amendments, New Jersey | | | | people by either the federal or State |
| municipalities may avail themselves of a | | | | constitution, Article II, paragraph 1, of the |
| common body of powers conferred for local | | | | New Jersey Constitution concerning elections |
| purposes.POWERS GRANTED, PROTECTIONS AFFORDED | | | | and the right of the people to vote states |
| LOCAL GOVERNMENTArticle IV of the New Jersey | | | | that "local elective officers shall be chosen |
| Constitution contains many of the New Jersey | | | | at general elections ...."In New Jersey |
| Constitution's statements concerning | | | | local government law has its own legal |
| municipal government. These statements have | | | | regulatory systems in areas such as civil |
| for the most part been implemented by | | | | service, land use, code enforcement and |
| specific grants of statutory | | | | health. Local government also plays a |
| authority.Article IV, section VI, paragraph | | | | critical roe in environmental law, alcoholic |
| 2, of the New Jersey Constitution permits the | | | | beverage control, CATV franchising, criminal |
| Legislature to enact general laws under which | | | | law enforcement, regulation of private |
| municipalities, other than counties, may | | | | construction, economic regulations such as |
| adopt zoning ordinances limiting and | | | | rent control and even in such mundane |
| restricting to specified districts buildings | | | | activities as traffic and parking regulation |
| and structures, according to their | | | | and enforcement. At the State level there is |
| construction, and the nature and extent of | | | | also a rather complex set of laws pertaining |
| their use, and the nature and extent of the | | | | to: collective bargaining, taxation, |
| uses of land, and the exercise of such | | | | budgeting and financial administration. |
| authority is deemed to be within the police | | | | Local government also provides virtually |
| power of the State.Article IV, section VI, | | | | every service rendered directly to citizens, |
| paragraph 3, permits municipalities, to take | | | | such as police, fire, sewer, water, first |
| or otherwise acquire an interest in private | | | | aid, garbage disposal, recreation, |
| property for any public use, so long as the | | | | etc.Biography: Gerald 'Jerry' Dowgin "The |
| owner of the property involved in the taking | | | | Property Tax Doctor" and the author of the |
| receives just compensation.The most | | | | Homeowner's Assessment Review Guide ( a |
| important clause in Article IV for analyzing | | | | former tax assessor worked in the field of |
| the powers of local government in New Jersey | | | | public finance at the State and local levels |
| is section 7, paragraph 11. It reads as | | | | in New Jersey for more than three decades |
| follows:"The provisions of this Constitution | | | | until his retirement in 2001. As a |
| and of any law concerning municipal | | | | Supervising Tax Analyst in the Office of |
| corporations formed for local government, or | | | | Research and Statistics in the Division of |
| concerning counties, shall be liberally | | | | Taxation in the New Jersey Department of |
| construed in their favor. The powers of | | | | Treasury he worked principally on local |
| counties and such municipal corporations | | | | property tax issues. Then he joined the |
| shall include not only those granted in | | | | Office of Legislative Services (OLS) in 1983 |
| express terms but also those of necessary or | | | | and served as the Secretary to the New Jersey |
| fair implication, or incident to the powers | | | | Property Tax Assessment Study Commission for |
| expressly conferred, or essential thereto, | | | | four years. While working in the OLS, Local |
| and not inconsistent with or prohibited by | | | | Government Section he researched, drafted, |
| this Constitution or by law."The protections | | | | and estimated the cost of the Senior Property |
| afforded in the prohibition against the | | | | Tax Freeze Bill which was signed onto law and |
| legislature's passage of any special act | | | | worked on legislation that became law that |
| regulating the internal affairs of a | | | | virtually stopped the tax assessment practice |
| municipality except as permitted by the | | | | of "Spot Assessments" in New Jersey that had |
| Constitution in Article IV, section 7, | | | | treated many property taxpayers unfairly. |