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