Inquirer asks whether an attorney may concurrently serve as county counsel and mayor of a municipality in the same county. The municipality is formed as a Faulkner Act mayor-council (“strong-mayor”) entity, N.J.S.A. 40:69A-1 et seq . The Committee finds that a per se conflict arises when an attorney concurrently serves as county counsel and mayor of a constituent “strong-mayor” Faulkner Act municipality and the attorney may not concurrently serve in both roles.
In a Faulkner Act “strong-mayor” municipality, there is a “concentration of power in the hands of a highly-visible, independently-elected Chief Executive who has substantial power over the administration.” McCann v. Clerk of the City of Jersey City , 167 N.J. 311, 330 (2001) (quoting 34 New Jersey Practice, Local Government Law , Section 4.15 (Michael A. Pane) (rev. 3d ed. 1999)). Pursuant to N.J.S.A. 40:69A-40 and -41, the mayor has the power and authority to “[s]upervise, direct and control all departments of the municipal governments,” prepare and submit the annual budget, “[s]upervise the care and custody of all municipal property, institutions and agencies,” “[s]ign all contracts, bonds or other instruments requiring the consent of the municipality,” “[n]egotiate contracts for the municipality,” appoint the heads of all administrative departments, “recommend to the council whatever action or programs he deems necessary for the improvement of the municipality and the welfare of its residents,” “make recommendations concerning the nature and location of municipal improvements and execute improvements determined by the governing body,” “[a]ssure that all terms and conditions imposed in favor of the municipality or its inhabitants in any statute, franchise or other contract are faithfully kept and performed,” and approve or veto all municipal ordinances. The power and authority of the mayor in this form of government is “substantial.” McCann , supra , 167 N.J. at 330.
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