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