The Faulkner Law Primer

Asbury Park was once called the “Jewel of the Jersey Shore”, and it has been known for its mile-long beach; and, its rich music history that includes Stony Pony, Fast Lane and for its great revitalization as a city. Oftentimes I am asked about Asbury Park’s form of government and what the city council actually does and what they are allowed to do.

In December of 2012 the Asbury Park Charter Study Commission began meeting to review the city’s charter to decide between a “Strong Mayor” or a “Weak Mayor” form of government. A “Strong Mayor” has substantial control over city operations, hires and fires department heads, has veto power over council members decisions, and has significant influence over the city budget.

In contrast, a “Weak Mayor’s” role is largely ceremonial. He/she primarily presides over council meetings, has limited authority, limited ability to directly implement policy, limited power to appoint staff, less control over the budget allocation, and does not have veto power.

In 2013 the Asbury Park Charter Study Commission recommended to offer via referendum the Council-Manager form of government. As it had similar aspects of the 1923 Municipal Manager Law. This selection allowed the citizens to elect a mayor who would serve for a term of four (4) years. The election would be moved from May to November’s general election and it would initiate the staggering of terms for City Council members (staggered terms allow for continuity of operations as every two years council members are elected).

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On November 6, 2013 the Council-Manager form of government (“weak mayor”) was adopted by public referendum and became effective January 1, 2015 under the Optional Municipal Charter Law, also known as the Faulkner Act.

Under our current form of government (per the Faulkner Act) the “Council-Manager Plan” the mayor is elected by the voters as opposed to being appointed by the council themselves. The elected Mayor (“weak mayor”) along with council members appoint a City Manager who will be the chief executive officer of the government, responsible for day to day operation of the city, preparing the budget, making policy recommendations to the council, advising the council, recruiting, hiring, firing, supervising and disciplining all employees. The City Manager is expected to be non-political and the council and Mayor are to respect the manager’s role as the Chief Executive Officer.

The current body of government consists of Mayor John Moor and Councilwoman Angela Ahbez-Anderson; both terms expire December 31, 2026. Deputy Mayor Amy Quinn, Yvonne Clayton and Eileen Chapman all have terms that expire December 31, 2028.

In the future, should the residents or council members decide it wants a “Strong Mayor” form of government, it would need to be put on a referendum and voted on by the constituents in the city.

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