Tag: Faulkner Act


NJ Supreme Court Sends Critics of Camden’s Police Regionalization Back to the Drawing Board

Last month, the Supreme Court of New Jersey held in Redd v. Bowman that challengers to the City of Camden’s decision to regionalize its police force proposed a valid ordinance to maintain the existing police structure. However, the state’s highest court ultimately concluded that the related referendum petition could not

NJ Senate Passes Bill Requiring Public Disclosure of Bidders’ List

Appellate Division Rules that Courts Can’t Rewrite Initiative Petitions

In a matter of first impression, the Appellate Division of the New Jersey Superior Court ruled that in a pre-election challenge courts do not have the authority to remove a problematic provision from a proposed law and order that it be placed on the ballot, even when it contained a

NJ Supreme Court Rules Faulkner Act Violation Warrants Award of Attorneys Fees

The New Jersey Supreme Court recently addressed the role of the clerk in determining whether referendum petitions meet the requirements of the Faulkner Act, as well the repercussions for exceeding that authority. In a precedential ruling, the panel held that the City of Hoboken Clerk lacked the discretion to prevent

Appellate Division Issues Important Decision on NJ’s Local Budget Law

The Appellate Division of the New Jersey Superior Court recently examined the relationship between the state’s Local Budget Law and the Faulkner Act. The Local Budget Law limits municipal budget increases to 2.5 percent of the previous year’s final appropriations or the cost-of-living adjustment, whichever is less. However, there are

NJ municipal lawyer

NJ Court Rules Municipal Clerk’s Referendum Rejection Violated Faulkner Act

The New Jersey Appellate Division recently found that the clerk of the City of Hoboken failed to comply with Optional Municipal Charter Law, commonly known as the Faulkner Act, when refusing to file a referendum petition submitted by a committee of citizens.  The case, Tumpson v. Farina, provides a great