N.J. Admin. Code § 5:30-13.11

Current through Register Vol. 56, No. 23, December 2, 2024

Section 5:30-13.11 - Orders and directives

(a) The board shall be authorized to issue orders and directives to any officer or employee of the municipality that it deems necessary to accomplish the board's purposes; including, but not limited to, timely and satisfactory implementation of the provisions of the approved financial plan of the municipality.

(b) Any order or directive shall be binding upon the officer or employee to whom it is issued.

(c) No officer or employee of the municipality shall:

1. Take any action in violation of any valid order or directive of the board;

2. Fail or refuse to take any action required by any such order or directive; or

3. Prepare, present or certify any information or report, including any projections or estimates, for the board or any of its agents that are willfully false or misleading.

(d) In addition to any penalty or liability under any other law, any officer or employee of the municipality who shall violate the provisions of this section shall be subject to appropriate administrative discipline including, when circumstances warrant, suspension from duty without pay or removal from office by order of the mayor or the board.

(e) In the case of a violation of the provisions of this section by an officer or employee of the municipality, the mayor shall immediately report to the board all pertinent facts together with a statement of the action taken thereon.

(f) Orders and directives issued by the board may be enforced by a proceeding in lieu of prerogative writ, by an action for injunctive relief in appropriate cases, or by a mandamus action to compel performance by the governing body or by any officer or employee of the municipality.

N.J. Admin. Code § 5:30-13.11

Amended by R.2003 d.404, effective 10/20/2003.
See: 35 New Jersey Register 2427(a), 35 New Jersey Register 4862(b).
Substituted references to the municipality for references to the City throughout.