The schedule of installation of an optional plan adopted pursuant to this Act shall, as provided herein, take the following course:
A. 
An election to submit the question of adoption of an optional plan may be held at any time in accordance with the provisions of Article 1 of this Act.
B. 
Election of officers.
(1) 
In the event of a favorable vote of the voters at the above election, the first election of officers under the adopted plan shall take place as follows:
(a) 
On the second Tuesday in May occurring not less than seventy-five (75) days next following the adoption of one (1) of the optional plans in municipalities adopting Article 3, 4, 9, 10, 13 or 14 of this Act;
(b) 
On the second Tuesday in May occurring not less than one hundred twenty (120) days following the adoption of one (1) of the optional plans in municipalities adopting Article 5, 6, 11 or 12 of this Act;
(c) 
At the next general election occurring not less than seventy-five (75) days next following the adoption of one (1) of the optional plans in municipalities adopting Article 7, 12A, 15 or 16 of this Act; or
(d) 
At the next general election occurring not less than one hundred twenty (120) days next following the adoption of one (1) of the optional plans in municipalities adopting Article 8 or 12B of this Act.
(2) 
Whenever a municipality has adopted any of the articles referred to in Subsection B(1)(c) above, within ten (10) days, or Subsection B(1)(d), within forty (40) days, prior to the last day fixed for the filing of nominating petitions for the primary election, the candidates to be first elected shall be nominated in the manner provided by Chapter 27 of Title 19, Elections, of the Revised Statutes with respect to the filling of certain vacancies in nominations for county or municipal offices to be filled at the general election.
C. 
An optional plan shall take effect, in accordance with the further provisions of this article, at 12:00 noon on the first day of July next following the first election of officers in municipalities adopting Articles 3 through 6, inclusive, or 9, 10, 11, 12, 13 or 14 of this Act or 12:00 noon on the first day of January next following the first election of officers in municipalities adopting Article 7, 8, 12A, 15 or 16 of this Act.
(Source: L. 1950, c. 210, § 17-56, p. 521; amended L. 1953, c. 254, § 15, p. 1750.)
Upon the effective date of an optional Charter adopted pursuant to this Act, any other Charter and its amendments and supplements theretofore applicable to the municipality shall be superseded with respect to such municipality. All ordinances and resolutions of the municipality, to the extent that they are not inconsistent with the provisions of this Act, shall remain in full force and effect until modified or repealed as provided by law.
(Source: L. 1950, c. 210, § 17.57, p. 522.)
A. 
At 12:00 noon on the effective date of an optional plan adopted pursuant to this Act, all offices then existing in such municipality shall be abolished, and the terms of all elected and appointed officers shall immediately cease and determine, provided that nothing in this section shall be construed to abolish the office or terminate the term of office of any member of the Board of Education, Board of Fire Commissioners of a township fire district, Trustees of the Free Public Library, Commissioners of a Local Housing Authority, Board of Managers of a Municipal Hospital, Municipal Judges, members of a Municipal Shade Tree Commission or of any official or employee now protected by any tenure of office law or of any policeman, fireman, teacher, principal or school superintendent, whether or not protected by a tenure of office law. If the municipality is operating under the provisions of Title 11, Civil Service, of the Revised Statutes at the time of the adoption of an optional plan under this Act, nothing herein contained shall affect the tenure of office of any person holding any position or office coming within the provisions of said Title 11 as it applies to said officers and employees. If the Municipal Clerk has, prior to the effective date of the optional plan, acquired a protected tenure of office pursuant to law, he shall become the first Municipal Clerk under the optional plan.
B. 
Provision for officers and for the organization and administration of the municipal government under the optional plan may be made by resolution pending the adoption of ordinances, but any such resolution shall expire not later than thirty (30) days after the effective date of the optional plan.
(Source: L. 1950, c. 210, § 17-58; amended L. 1954, c. 69, § 6; L. 1967, c. 127, § 1; L. 1971, c. 268, § 2; L. 1977, c. 392, § 1.)
The governing body of any municipality governed by a form of government authorized by the "Optional Municipal Charter Law" may, by ordinance, provide for the continuance or reestablishment, as the case may be, of any Local Industrial Commission, which was established in said municipality pursuant to P.L. 1962, c. 96 [N.J.S.A. 40:106-1 (123) to 40:106-1 (132)] [1] and which Commission was performing its functions, powers and duties under said law immediately prior to the adoption by the municipality of its form of government under the Optional Municipal Charter Law.
(Source: L. 1972, c. 170, § 1.)
[1]
Editor's Note: The provisions of N.J.S.A. 40:106-1 were repealed by L. 1979, c. 20, § 1.
A. 
No subordinate board, department, body, office, position or employment shall be created and no appointments shall be made to any subordinate board, department or body or to any office, employment or position, including, without limitation, patrolmen and firemen, between the date of election of officers and the date the newly elected officers take office under any optional plan.
B. 
All actions and proceedings of a legislative, executive or judicial character which are pending upon the effective date of an optional plan adopted pursuant to this act may continue, and the appropriate officer or employee under such optional plan shall be substituted for the officer or employee theretofore exercising or discharging the function, power or duty involved in such action or proceeding.
(Source: L. 1950, c. 210, § 17-59; amended L. 1954, c. 69, § 7.)