The Constitution of the State of New Jersey is the basic governing document of the State of New Jersey . In addition to three British Royal Charters issued for East Jersey , West Jersey and united New Jersey while they were still colonies, the state has been governed by three constitutions. The first was adopted on July 2, 1776, shortly before New Jersey ratified the United States Declaration of Independence and the second came into effect in 1844. The current document was adopted in 1947 and has been amended several times.
97-623: Radburn is an unincorporated community located within the borough of Fair Lawn in Bergen County , in the U.S. state of New Jersey . Radburn was founded in 1929 as "a town for the motor age". Its planners, Clarence Stein and Henry Wright , and its landscape architect Marjorie Sewell Cautley aimed to incorporate modern planning principles, which were then being introduced into England's Garden Cities , following ideas advocated by urban planners Ebenezer Howard , Sir Patrick Geddes and Clarence Perry . Perry's neighborhood unit concept
194-399: A 93-unit apartment complex. An additional 165-unit townhouse development is under construction. Radburn's 149 acres (0.60 km) include 23 acres (93,000 m) of interior parks, four tennis courts, three baseball fields, two softball fields, two swimming pools, and an archery plaza. Young children and their parents can make use of two toddler playgroup areas, two playgrounds, and
291-450: A Supreme Court, a Superior Court, County Courts and inferior courts of limited jurisdiction.'" The Supreme Court is New Jersey's appellate court of last resort. "By constitutional mandate, the Court consists of a Chief Justice and six associate justices, with five members constituting a quorum." Article VI, Section II, Paragraph 3 provides that, "The Supreme Court makes its own rules governing
388-461: A charter, unique to this municipality, allows its government to be tailor-made to its needs. A Charter Study Commission is one of two options available to residents of New Jersey to pursue a change in their form of government. The other option is a direct petition. The charter study commission approach is only available under the Faulkner Act. A charter study commission can be formed by a vote of
485-561: A consistent "look" to the community. Use of Radburn Association facilities is limited to residents (though the parks themselves are ungated and the walkways are public property of the Borough.) Radburn's border with the rest of Fair Lawn is the Bergen County Line to the West; southeast of Fernwood Drive, Fulton Place, and Franciscan Way but northwest of Owen Avenue to the northwest; Radburn Road to
582-416: A county superintendent of schools (the state Department of Education 's representative) and executive county superintendent of schools (gubernatorial appointments whose duties include reducing district spending, collaboration and shared services) in each county. State law authorizes school districts: The state Commissioner of Education has the power of "state intervention", to intervene in governance of
679-467: A five-member Board of Trustees elected for staggered three-year terms. The board selects a president and a treasurer from among the members. New incorporations under this form were stopped in 1961. While there are 4 municipalities that retain the Village type of government ( Loch Arbour , Ridgefield Park , Ridgewood and South Orange ), none of them still use the Village form of government. Loch Arbour
776-425: A form of government and vary in size from large, densely populated areas to much smaller hamlets . The town form of government dates back to the late 19th century when towns were first incorporated in the state. The town government law was rewritten in 1988. In this form of government, a mayor is elected at large plus eight councilmen – two from each of four wards. The mayor presides over council meetings and votes as
873-499: A homestead statue is discussed. General laws enacted by legislature which permit municipalities to grant tax exemptions on buildings in blighted urban areas are legalized, with exceptions relating to the deduction's permanence. Income taxes are banned unless the revenue is placed into a specific perpetual fund, or if the taxer is receiving payments from the Federal Railroad Retirement Act, or similar. The credit of
970-514: A local public school district (and to intervene in the areas of instruction and program, operations, personnel, and fiscal management) if the Commissioner has determined that a school district has failed, or is unable, to take corrective actions necessary to establish a thorough and efficient system of education. When the state intervenes in governance of a school district, the board of education acts in an advisory capacity only, and ultimate authority
1067-549: A meeting in May 2017, some of which are inconsistent with several parts of the new law and other existing statutes. The 2017 by-laws revisions were later rescinded for irregularities in their adoption. The Radburn School, an elementary school located on the edge of the "B" park, is operated by the Fair Lawn Public Schools . While many of its students are Radburn residents, it serves a larger district. The school, built in 1929,
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#17328547686011164-405: A member of the council. The mayor has veto power over ordinances that can be overridden by a two-thirds vote of the council. All appointments to municipal offices are performed by the council. Currently, the state has 15 towns. The township form of government has a group of elected officials (the township committee) that serves as both the executive and legislative authority. This form of government
1261-711: A neighboring township such as Middlebush, New Jersey . Some smaller communities are incorporated into larger urban areas, such as when Greenville was merged into Jersey City as a neighborhood . New Jersey distinguishes between regional, consolidated, and countywide districts and those serving single municipalities. There are also non-operating school districts, which are those districts that do not operate any school facilities and where all students attend school in other districts as part of sending/receiving relationships . The majority of school districts in New Jersey are established for general purposes, have boundaries equivalent to
1358-540: A reminder that they are exercising more judicial functions. ⅔ of the votes, or 27 votes, are needed to convict, but the President of the Senate is excluded from the trial, so the required percentage is slightly higher than ⅔ of 40. The maximum penalty is removal from office with disqualification to hold further state office. However, the impeachment does not count towards the restriction on double jeopardy ; after being convicted by
1455-424: A toddler bathing pool. There is also a community center which houses administrative offices, library, gymnasium, clubroom, pre-school, and maintenance shops. For census purposes, Radburn is mostly a subset of Census Tract 171 in Bergen County, New Jersey . The Radburn Community, governed by a distinct board of directors, enjoys much autonomy within the Borough of Fair Lawn. Pursuant to enabling laws passed in
1552-462: Is assigned as a liaison to one or more departments of the county. Five counties (Atlantic, Bergen, Essex, Hudson, and Mercer) have a separately elected county executive . A sixth county, Union, has a county executive that is appointed by the board, analogous to the council–manager municipal form of government. In these counties, the Board of County Commissioners retains only legislative authority. Most of
1649-589: Is at the intersection of Fair Lawn Avenue and Plaza Road, two important arteries in Fair Lawn. Many of these businesses are within the Radburn Plaza (clock tower) building, a signature landmark of Radburn and Fair Lawn itself. (The building suffered a severe fire several years ago and was recently restored in its prior image.) Nearby stands the Old Dutch House, a tavern built during the time of Dutch colonization of
1746-411: Is banned. A free public school system is created, as well as a busing system. The appropriation of moneys into the public school system fund is legalized. The lands that are tidal or were within forty years ago are protected from riparian claims. Article IX involves amendments to the New Jersey state constitution. A potential amendment is submitted through the Senate or General Assembly. The amendment
1843-413: Is created, as well as the distribution of moneys into and from it. The "clearance, replanning, development or redevelopment of blighted areas" is made a public and state duty. The redevelopment of any of these properties is permitted to be completed by municipal, public, or private corporations. The continuing of appropriation of moneys to the corporation that completes the redevelopment after its completion
1940-520: Is credited with incorporating some of the earliest culs-de-sac in the United States. It was designated a National Historic Landmark District in 2005, in recognition of its history in the development of the garden city movement in the 20th century. There are approximately 3,100 people in 670 families residing in Radburn. They live in 469 single-family homes, 48 townhouses , 30 two-family houses , and
2037-416: Is discussed, who are to represent the "geographic, ethnic and racial diversity" of the state. The method of appointment of New Jersey Redistricting Commission members ensures the minority party which lost the general election prior to the census will have the upper hand in redistricting the state. Along with the other 12 appointed members, there is one "independent" member, who is to not have held office within
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#17328547686012134-696: Is in a state district superintendent appointed by the State Board of Education. From 1987 to 2005, the State Board of Education had the power to take over an entire school district and manage it as a "state-operated school district", which was replaced by the legislature in 2005 with state intervention. Using this power, the state has assumed the operation of Newark Public Schools , Jersey City Public Schools , and Paterson Public Schools , which are in various stages of returning governance to local control: In Jersey City, governance has been restored to local control in
2231-538: Is one of the oldest and is derived from the town meeting form of government used in New England , where the township committee has similar functions to the board of selectmen . The township committee has either three or five members elected at large. Every year, the committee chooses one of its members to be the "mayor", becoming the moderator for meetings of the township committee but having no special powers. In general, all legislative and executive powers are exercised by
2328-687: Is provided by law. The "militia" is created, or what is now the National Guard . Regulation regarding nominations and appointments of generals and flag offices is described. The executive and administrative offices, departments, and instrumentalities of the State government are placed under the supervision of the Governor. The Governor has the ability to appoint the Secretary of State and the Attorney General with
2425-623: Is similar to that of the Federal level: an absolute majority in the lower house (the General Assembly) against the employee causes a trial to take place in the upper house (the State Senate) with the Chief Justice presiding. Unlike the Federal process, the oath necessary to participate in the impeachment sessions is specified and requires the senators to "truly and impartially" address the charge as
2522-428: Is usually first among equals with no powers over and above the other commissioners. The Municipal Manager Law was enacted in 1923 and is an optional form of government available to any type of municipality. Under this form of government, a municipal council composed of three, five, seven, or nine members is elected at-large with a term of office typically of four years. The council appoints several key officials, namely
2619-504: Is voted upon by both of the houses. If it gathers at least three-fifths of both the Senate and the General Assembly, the amendment is to be submitted to be voted upon by the people of New Jersey. If a majority votes for the amendment, the amendment is voted on in the next legislative year. If the amendment is passed by a majority yet again, the amendment is to be submitted to be voted upon by the people of New Jersey. It also explains how
2716-468: The New Jersey Legislature . It establishes the qualifications necessary for voting and states the right of suffrage may be removed from certain convicted criminals. The process of absentee balloting is instituted, as well as the structure of voting by people currently in military service. The New Jersey Redistricting Commission is established, and the distribution of selection of its 13 members
2813-680: The New Jersey State Constitution . The residents are represented by two public interest legal organizations: the New Jersey Appleseed Public Interest Law Center and The Community Law Clinic of The Rutgers School of Law–Newark . On April 1, 2008, the New Jersey Superior Court awarded summary judgements for both sides in the democracy lawsuit. Judge Contillo found that Radburn's governance was legal as well as its membership. The Court ordered
2910-500: The United States for having five distinct types of incorporated municipalities. Each type of municipality has equal legal standing, rights, and powers as any other type or form. Unlike other parts of the United States, New Jersey does not have different tiers of power or legal standing for its municipal governments. Each of the five types has an associated form of government of exactly the same title. By default municipalities have
3007-403: The boroughitis phenomenon of the late 19th century led to the incorporation of large numbers of new boroughs. A city in the context of local government in New Jersey refers to one of five types and one of eleven forms of municipal government. There are 52 cities in New Jersey. Despite the widely held perception of a city as a large, urban area , cities in New Jersey have a confused history as
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3104-540: The effective date of the Constitution is January 1, 1948, "except as herein otherwise provided." Article XI, the schedule, is the list of amendments to the Constitution in order of their addition. Sections I through IV, were adopted with the rest of the constitution. They lay out the process of supersession. The others were adopted as individual amendments. The Article orders the Legislature to pass all laws necessary for
3201-462: The honorably discharged and exemptions for senior citizens who live in apartments and may/may not be disabled are discussed. Pensions, disability, and retirement programs for federal railroad workers , or any state employees are described. Surviving spouses of deceased citizens, besides exceptions, are entitled to tax deductions. This article also restricts any citizen from receiving more than one tax deduction. The Legislature's right to instantiating
3298-570: The 1920s and covenants included in the original deeds for the development, the Radburn Association is a private association which is empowered to administer Radburn's common properties and to collect from the owners of properties quarterly association fees to cover the Association's maintenance and operation of communal facilities. The Association is also empowered to restrict development and decoration of Radburn properties in order to maintain
3395-770: The Americas . Facing the Plaza Building is the Radburn railroad station , built by the Radburn developers along the Erie Railroad line (later Conrail ) and listed on the National Register of Historic Places . Passenger service operates there today on the New Jersey Transit Bergen County Line . The 'Radburn design' has been formalised in the Radburn design for public housing . The design has been used in
3492-475: The Association to comply with the law by providing full financial disclosure to residents and amending its bylaws to support open trustee meetings four times each year. New Jersey Constitutional expert Frank Askin of the Rutgers University School of Law at Newark, and his Clinic on Constitutional Law, joined the plaintiffs' pro bono legal team for the appeals process, intending to affirm through
3589-546: The Association. Nine board seats are open to nomination and election on a rotating schedule. Any homeowner in good standing may self-nominate, or be nominated by any other homeowner in good standing. However, this was not the case before State law was amended in July 2017. In November 2006, a group of Radburn residents opposed to the current system of governance filed a lawsuit against the Radburn Association. The plaintiffs claim that Radburn's governance violates New Jersey state law and
3686-659: The Census Bureau's classification does not reflect the underlying state law that draws no distinction among the five types. New Jersey is divided into 21 counties, each of which is governed by a Board of County Commissioners ), which typically serves as both the legislative and executive body. The boards consist of three, five, seven, or nine members. The means of election of county commissioners varies from all county commissioners being elected in districts, all being elected at-large, or being elected through mixed district and at-large county commissioners. Elections are first past
3783-537: The Faulkner Act, municipalities can choose one of four different options for their form of government. They are: New Jersey municipalities are not required to be governed by the Walsh Act, the 1923 Municipal Manager Law or the four forms of the Optional Municipal Charter Law (Faulkner Act). A community that finds all optional forms unsuitable may request a special charter from the state legislature. Such
3880-479: The Governor. It also contains provisions for apportioning ten districts of the lower house. If it is deadlocked, the Chief Justice of the New Jersey Supreme Court will appoint an 11th and then the vote is by absolute majority. It was passed on election day, 1966, but was first applied on January 17, 2006. This was superseded in 1995 by Article II, Section II. It took effect on December 7, 1978. Section VII,
3977-540: The Legislature. Regulations regarding members of the Legislature, including singularity of employment. This is the law that no senator or member of the General Assembly can hold any other Federal or State position, and also cannot be a judge. Further topics are discussed, including bills, agencies, subdivisions, and emergencies. A negative enumeration of legislative powers is included within the article. Among this list of powers denied are granting divorces, gambling (with obvious exceptions), and passing omnibus acts. Although
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4074-766: The Quakers, the colony was split into West and East Jersey . Each had its own constitution: the West Jersey Constitution (1681) and the East Jersey Constitution (1683). The two were reunited in 1702 by Queen Anne . New Jersey's first state constitution was adopted on July 2, 1776. The American Revolutionary War was underway and George Washington had recently been defeated in New York , putting New Jersey in imminent danger of invasion. With Patriot and Tory factions plotting and battling each other, New Jersey
4171-476: The Senate, is established. He may also nominate and appoint, with the consent of the Senate, judges of the inferior courts whose jurisdiction is only within one municipality. The term of office of Justices and Judges, including their retirement ages and pensions, is stated. Impeachment of Justices and Judges is also legalized, and their inabiling of powers until acquitted. During their term, the judges are restricted to one public office and may not practice law outside
4268-630: The Superior Court are the principal trial courts of New Jersey. They are located within the State's various judicial geographic units, called 'vicinages,' R. 1:33-2(a), and are organized into two basic divisions: the Chancery Division and the Law Division" of the New Jersey Superior Court . The Governor's power to appoint and nominate the judges of the Supreme and Superior Courts, with the consent of
4365-678: The US, Canada , Australia , and the United Kingdom . The design was an influence on Walt Disney 's design for Disney World. People who were born in, residents of, or otherwise closely associated with Radburn include: Local government in New Jersey#Unincorporated communities Local government in New Jersey is composed of counties and municipalities. Local jurisdictions in New Jersey differ from those in some other states because
4462-642: The activation of the new constitution. Existing instruments of government, contracts, officers, and judgments are continued unless they are expired, superseded, altered, or repealed. This is to prevent application as an ex post facto law or violation of the Contract Clause , both prohibited by the United States Constitution . The new legislature members are elected, and the process of election, term, and rotation are created. The members may be appointed to offices of government, likely new ones created at
4559-504: The administration of all State courts 'and, subject to law, the practice and procedure of all such courts.'" The State Constitution renders the New Jersey Superior Court, Appellate Division the intermediate appellate court, and "[a]ppeals may be taken to the Appellate Division of the Superior Court from the law and chancery divisions of the Superior Court and in such other causes as may be provided by law." "The trial divisions of
4656-455: The amendments are submitted to the people, i.e., all amendments are to be voted upon separately. Article X contains involves miscellaneous final addenda. Paragraph 1 states that "the seal of the State shall be kept by the Governor, or person administering the office of Governor, and used by him officially, and shall be called the Great Seal of the State of New Jersey ." The seal's design and
4753-513: The behest of Article XI, Section I, Paragraph 2. The remaining sections are the amendments. For reasons unknown, this constitution has never been directly updated since its adoption. The amendments are enumerated in this Article. Essentially, this section of the article records the development of the constitution through amendments. Such amendments include the abolishment of the New Jersey Court of Errors and Appeals and Chancery , transferring
4850-467: The best interest of the people of this State." The sole content of Article III is the statement regarding separation of powers . The three branches ( executive , judicial , and legislative ) are created and defined. No individual can be affiliated with more than one unless the Constitution explicitly allows it. Before the constitution was amended, a vacancy in the Governor of New Jersey would be filled by
4947-568: The board consists of nine members unless by law the number was reduced to three, five or seven members, elected at annual school elections for terms of three years, or appointed board of education, where members are appointed by the mayor or other chief executive officer of the municipality for five-year terms (for five-member boards) and three-year terms (for seven- and nine-member boards). Board of education members must be United States citizens, residents of their school districts for at least one year immediately preceding their appointment or election to
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#17328547686015044-585: The board, be registered to vote in the district, must be able to read and write English, cannot receive any compensation for their board service, and their conduct is governed by a code of ethics and the New Jersey School Ethics. All meetings of boards of education must be held in public, with certain exceptions, according to the Open Public Meetings Act. There is a superintendent for each district (which may be shared between districts), and
5141-509: The boundaries of a given municipality—or even a given county. All local general purpose governments have equivalent legal powers, with the different forms and types reflecting the historical circumstances of the municipality's incorporation, similar to New England towns . For statistical purposes, the United States Census Bureau treats only boroughs, cities, towns, and villages as " municipalities ", and townships as " townships ";
5238-454: The cases before them and offices under the other courts, such as the New Jersey Supreme Court . The requirement of the Supreme Court of the United States that the apportionment of all state legislatures be by population is stated. It mainly consists of an interim list of districts and the number of Senators they can elect until the next United States Census comes around and is received by
5335-405: The charter document for the state's government for the next 68 years. Among other provisions, it granted unmarried women and blacks who met property requirements the right to vote . It did not specify an amendment procedure and had to be replaced entirely in a constitutional convention . The succeeding constitution , adopted on June 29, 1844, restricted suffrage to white males. It separated
5432-475: The committee as a whole. The committee, however, may appoint an administrator to oversee the day-to-day operations of the municipality. The township form of government is only available to municipalities that are of the township type. Out of the 240 townships in the state, the township form of government is used by 141. The village form of government was made possible by the Village Act of 1891. This form comprises
5529-506: The communities have official recognition as a census-designated place , such as Somerset, New Jersey which is part of Franklin Township . Other communities have their own ZIP Code because they have their own post office such as Neshanic Station (ZIP Code 08853), which is part of Branchburg Township , or Deans , which is part of South Brunswick Township . Other communities were once single-owner large farms that were later incorporated into
5626-686: The consent of the New Jersey Senate , though he also can appoint the Lieutenant Governor to serve as Secretary of State without consent of the Senate. He can also start inquiries into the conduct of officers and employees. Article VI creates the Judicial branch, and permits the establishment, alteration, and abolishment of any court other than the Supreme Court of New Jersey . Under the State Constitution, "'judicial power shall be vested in
5723-812: The courts that the PREDFDA statute guarantees free elections in planned community government On June 17, 2010, the Moore v. Radburn litigation was finally put to rest by the New Jersey Supreme Court. The petition for certification filed by the 16 litigants was denied. In July 2017, Senate bill S2492 was signed into law by Governor Chris Christie, having passed unanimously in both the Senate and Assembly. The new law guarantees membership to all homeowners in New Jersey common interest communities, and requires that self-nomination must be allowed in executive board elections. The Radburn Association voted to adopt revised by-laws at
5820-627: The entire area of the state is part of a municipality ; each of the 564 municipalities is in exactly one county ; and each of the 21 counties has more than one municipality. New Jersey has no independent cities , nor consolidated city-counties . The forms of municipality in New Jersey are more complex than in most other states, though, potentially leading to misunderstandings regarding the governmental nature of an area and what local laws apply. All municipalities can be classified as one of five types of local government— Borough , City , Township , Town , and Village —and one of twelve forms of government,
5917-474: The executive branch. It also sets out the terms of office for the governor and lieutenant governor, the succession of future governors, and the process of gubernatorial elections. The Governor is given total authority over clemency except in cases of impeachment . This is to bar him from pardon in his own impeachment, or disturbing cases of treason. His clemency powers extend to the ability to suspend and remit fines and forfeitures. The system of granting parole
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#17328547686016014-509: The final section of this constitution, was passed in a referendum on November 8, 2005, and takes full effect at noon , January 19, 2010, following the transfer of power to the next executive. The New Jersey State Constitution has been criticized, mainly for its disorganized succession plan, as seen following Governor Jim McGreevey 's 2004 resignation . Senate President Richard Codey assumed command, and since he legally held both positions, he temporarily had more power than any other governor in
6111-470: The first class (cities with a population of over 150,000) the board of education must consist of nine members, and board members are appointed to three-year terms by the mayor or other chief executive of the municipality that constitutes the district. Type II school districts include all local districts in municipalities other than cities, all consolidated school districts, and all regional school districts, and can have either an elected board of education, where
6208-451: The first five being historically associated with the five types of government and the other seven being non-standard "optional" forms provided by the New Jersey Legislature . To make matters more complex, New Jersey also distinguishes between regional, consolidated, and countywide school districts and school districts that serve only a single municipality. As well, the total area of any given airport may or may not lie completely within
6305-470: The form of an elected school board, although the state district superintendent remains to manage curriculum functions, while in Newark and Paterson governance has yet to change from state to local management. New Jersey State Constitution The state constitution reinforces the basic rights found in the United States Constitution , but also contains several unique provisions, such as regulations governing
6402-401: The form of government which corresponds to their type, i.e. a Township has the Township form of government. In New Jersey a municipality can choose a different form of government if its citizens do not wish to operate under the form that matches its type. The borough form of government is New Jersey's most common, being used by 253 of the state's municipalities. Although it was once quite rare,
6499-664: The funds the moneys are deposited in are discussed; the appropriation of moneys from the Sales and Use Tax Act are defined. A council of local mandates is created, and regulation regarding the appointment of the members for this body. Some moneys from the Corporate Business Tax Act are directed to the General Fund. The appropriation of moneys to the remediation of hazardous discharges and buildings that hold hazardous substances or public water supplies are discussed. A General Fund
6596-417: The governing body. Alternatively, a ballot question to form a charter study commission can be performed through a petition or by the existing municipal governing body enacting an ordinance to form a commission. Voters simultaneously vote yes / no to form a commission and also vote to select its members (if it passes), with the top five candidates becoming the members of the commission. There is no territory in
6693-468: The government's powers into judicial, legislative, and executive branches and granted the people (as opposed to the legislature) the ability to elect a governor. It also formally limited state debt, a predecessor of many contemporary "debt ceiling" clauses. The constitution was amended in 1875, mainly to conform to the Fourteenth and Fifteenth Amendments. Additionally, the state's amendments required that
6790-430: The legislature provide for a free public school system. We, the people of the State of New Jersey, grateful to Almighty God for the civil and religious liberty which He hath so long permitted us to enjoy, and looking to Him for a blessing upon our endeavors to secure and transmit the same unimpaired to succeeding generations, do ordain and establish this Constitution. Article I, as is usual for constitutions, establishes
6887-476: The municipal manager, tax assessor, auditor, clerk, treasurer, and attorney. The manager is the chief executive of the municipality and is responsible for appointing other officials and preparing the budget for council consideration. The manager serves only at the pleasure of the council. A mayor is also chosen from among the council members whose primary duty is to preside over council meetings. Only seven municipalities currently use this form of government. In 1950
6984-425: The municipality with which they are associated, and are classified as either Type I or Type II school districts. The schools of each public school district are governed by a board of education. Type I school districts include every local school district established in a city except where the district has changed its classification, and the board of education consists of five, seven or nine members, while in cities of
7081-524: The northeast; one block of Howard Avenue to the southeast; Alden Terrace to the northeast and east; one block of High Street to the South; Craig Road and its extension through Scribner Road to the East; and Berdan Avenue to the South. Radburn's other full-length east-west cross street is Fair Lawn Avenue, and its sole north-south cross street is Plaza Road. Radburn residents vote for a volunteer Board of Trustees to govern
7178-500: The officer enters the duties of office, the officer must subscribe an oath . Appointments for officers are based upon merit, fitness, and examinations . Fees are paid to the New Jersey State Treasury . The term of office for an officer commences on the day of the date of their commissions. The Auditor , who has a term of five years, is to be appointed by the New Jersey Senate and New Jersey General Assembly . The rest of
7275-528: The operation of casinos. At 26,159 words, the document is slightly shorter than the average American state constitution (about 28,300 words). Three fundamental documents had governed the territory now known as New Jersey. The first was the Concession and Agreement , which was written in 1665 by the colony's proprietors Lord John Berkeley and Sir George Carteret , and included a provision granting religious freedom. After Berkeley and Carteret sold New Jersey to
7372-576: The past five years. He is chosen by the other twelve members, yet is automatically the chairman of the Commission. On the occasion that the twelve members may not reach a decision, the Commission picks two (which assumes there are two dominant parties which have their favorites) and sends them to the New Jersey Supreme Court . A majority of the court (4 of 7) then picks the one that "by education and occupational experience, by prior public service in government or otherwise, and by demonstrated ability to represent
7469-492: The people. This Article is similar to the U.S. Constitution's enumeration of rights. Similar to the U.S. Bill of Rights , the document also still has "holdover" rights, or rights left over from fear of Britain during the Revolutionary War . These passages still do guarantee important rights to New Jerseyans, but violations are not necessarily common. Such rights include: 11. No person shall, after acquittal, be tried for
7566-431: The phrase omnibus acts is never formally used in this document, the actual wording skirts around the phrase: ...to avoid improper influences which may result from intermixing in one and the same act such things as have no proper relation to each other... Finally, an oath / affirmation is included that is required by members and officers of the Legislature before the person enters upon his/her duties. Article V enacts
7663-564: The post for single-member districts, and for at-large elections when only one seat is at stake. For at-large elections with more than one seat, plurality-at-large voting is used. All counties in New Jersey hold organizational meetings on or right after New Year's Day. At this time the boards elect members to leadership positions on the boards. Depending upon the specific board these offices include director, deputy director, president, vice-president, chair, chair pro tempore, and vice-chair. Also at this organizational meeting each county commissioner
7760-439: The president of the New Jersey Senate , who would retain their Senate seat. Article IV establishes the bicameral New Jersey Legislature , composed of 40 in the Senate and 80 in the General Assembly, and their apportionment amongst the state. The Apportionment Commission is created within the Legislature to modify the proration of legislative districts on a rolling basis, following every United States Census . It also creates
7857-525: The re-use of agricultural land for different purposes. Tax exemption is legalized, including the continued tax exemptions carried over from the previous constitution. Alteration or repeal of tax exemption is allowed, provided that the real or personal property is not used for "religious, educational, charitable or cemetery purposes, as defined by law, and owned by any corporation or association organized and conducted exclusively for one or more of such purposes and not operating for profit." Tax exemptions regarding
7954-407: The requirements for office, and the roles of the Senate and General Assembly. This includes the judging of elections, the selection of officers, a journal of proceedings, and the inability to adjourn for a period of greater than three days without the consent of the other house. This article also allows the Legislature to appoint commissions, committees, and other bodies to help perform the functions of
8051-453: The rest of the counties also appoint a county supervisor or administrator who is responsible for routine administrative operations of the county government. New Jersey counties have powers that are intermediate between the broad powers of counties in Pennsylvania and the limited powers of counties in New York . Counties in New Jersey do not have tax collecting power. New Jersey is unique in
8148-600: The rights and freedoms inherent people and relevant operation of the government. The rights discussed in this Article largely mirror the Constitution of the United States . Such rights include freedom of speech , a speedy and public trial , and religious freedom. Article I also contains a Victims' Bill of Rights . The article is a de facto enumeration of the rights of the common man; Article I, Section I, Paragraph 21 deliberately states: 21. This enumeration of rights shall not be construed to impair or deny others retained by
8245-491: The same offense. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses when the proof is evident or presumption great... 16. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, except in a manner prescribed by law. Article II lays out dates for elections of the Governor , the Lieutenant Governor , and members of
8342-558: The section details the duties of the State Auditor and the nomination/appointment of county prosecutors , county clerks, surrogates , and sheriffs . County prosecutors are nominated and appointed by the Governor. The term of office for county clerks and surrogates is five years, and for sheriffs three years. Impeachment and the process by which impeachment occurs are discussed: A state officer may be impeached while in office or for two years after leaving office. The impeachment process
8439-430: The senate, a person could then be tried by the judiciary and punished further. If this crime was listed according to Article II, Section I, Item 7, the offender can be disenfranchised . In Article VIII, taxation is created. It states the Legislature's duty to create laws "to provide the value of land" and the uniformity of these rules. Taxing of lands of agriculture is discussed, as well as taxation regulations regarding
8536-454: The state flag are not mentioned. Paragraph 2 provides for the salutation and protocol of giving grants and commissions . Paragraph 3 states that "All writs shall be in the name of the State. All indictments shall conclude: "against the peace of this State , the government and dignity of the same." Paragraph 4 provides for a rule of construction that words such as "person" and all pronouns include both sexes. Paragraph 5 provides that
8633-572: The state government. The powers of the Chief Justice of the Supreme Court are enumerated. Terms specifying costs of the facilities and materials used by the Justice Department are listed. Article VII involves the public officers and employees, including appointment/nomination, compensation, promotions, affirmations, and powers. The role of officers in the state government is discussed. Before
8730-424: The state is barred from being publicly or privately loaned. Any fiscal year plan which creates more than one percent debt and/or liabilities is banned. The voting on such plans in public elections is banned, as well as the creation of debt or liabilities "for purposes of war, or to repel invasion, or to suppress insurrection or to meet an emergency caused by disaster or act of God." Taxation of motor vehicle fuel, and
8827-550: The state legislature enact a special charter. The Walsh Act was enacted in the Progressive Era as a way to remove corruption and political influence from local politics. Voters elect three or five commissioners in non-partisan elections. Each commissioner is in charge of specific departments within the municipality, and all serve four-year concurrent terms. The commissioners exercise both legislative and executive powers. The commissioners elect one of their members as mayor, but he
8924-409: The state legislature passed the Optional Municipal Charter Law, more familiarly known as the Faulkner Act. In the post-World War II era there was a general push toward more efficiency and professionalism in municipal government, as well as the creation of stronger executives at all levels of government. The 1947 New Jersey State Constitution , a contemporary document, reflects these trends as well. Under
9021-433: The state of New Jersey that is not part of an incorporated municipality. Some communities in the state of New Jersey are well-defined areas or neighborhoods that are part of one or more incorporated municipalities, but they are not independent municipalities in their own right. While these communities may have a sense of "communal character" and unique identity, they are all located within incorporated municipalities. Some of
9118-481: Was a state at war and was nearly a state at civil war. Composed in a span of five days and ratified only two days later, during this state of emergency, on July 2, 1776, the New Jersey State Constitution reflects the turbulence and uncertainty of the moment. Its primary objective was to provide a basic governmental framework that would preempt New Jersey's fall into anarchy, yet the constitution served as
9215-481: Was designed by the architecture firm of Guilbert and Betelle . The building was expanded in 1955 and again in 2005. In 2016, the elementary school aged students of The Radburn School surpassed their fundraising goal of $ 60,000 through lemonade stands, rainbow bracelets sales, and a 5k race, but were denied permission to build the playground by The Radburn Association for aesthetic reasons. Several prominent Fair Lawn businesses exist in Radburn's business district, which
9312-536: Was the last to do so, but on December 20, 2011, its residents voted to change to the Walsh Act form of government, with a three-member board of commissioners. New Jersey municipalities are not restricted in their form of government by the type of municipality. Any type of municipality that chooses to do so can adopt one of the six standard optional forms of government listed below, with some exceptions. Municipalities may also adopt non-standard forms of government by having
9409-467: Was well-formulated by the time Radburn was planned, being informed by Forest Hills Gardens , Queens , New York City (1909–1914), a garden-city development of the Russell Sage Foundation . Radburn was explicitly designed to separate traffic by mode, with a pedestrian path system that does not cross any major roads at grade level. Radburn introduced the largely residential " superblock " and
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