'JERSEY CITY

JERRAMIAH T. HEALY
MAYOR
CITY HALL JERSEY CITY; NJ 07302 , TEL:

,CITY OF

FAX: (201) 547-4288

September 8, 2011
Robert Byre, Municipal Clerk

(201)547-5200

280 Grove Street Jersey City, N.J07302

Re: Veto of Usr of Ordinance No. City-owned

11-096 'Vehicles

Dear l\. Byrne:

returning Ordinance No. i 1-096 without my approvaL.

Pursuant,

to N.J;S.A. 40:69A~41, I am

The ordinance contravenes the provisions of the Faulkner Act regarding the executive authority vested in the Mayor. Under the Faulkner Act, the Mayor rather than the Municipal Council has the authority

to "supervise the care and custody of all municipal propert." N.J .S.A. 40:69 A -40(F), the Municipal Counil

has no authority over propert except that which has been assigned them by the Mayor. As the New Jersey Supreme Courtp~intedoutinCity ofNewarkv. James, 183 NJ 361, 371 (2005), "where one branch of
government has been specifically vested with the authority to act in a prescribed manner, neither

branches niay usurp that authority:'

, ,

of the other

The 1985 amendments to the Optional Charer Law, otherwise known as the Faulkner Act, N.J.S.A.
40:69A-32 et ~ clarified these separation of powers betweeti the legislative and executive

branches of

local governent. (See statement to Senate Bil No. 1206-L 1985, c. 374). The Faulker Act Mayorwith the

vests the

executive functions and the Municipal Council with the legislative functions of local government. 'Thompson v. City of Atlantic Cio/, 190 NJ 359 (2007).
City their compensation, and any City Council members who wish to place a City Seal Insignia on their cars are free to do tiO and the Deparent of Public Works wouldbe happy to affx the decals.
Accordingly, I herewith retu Ordinance No; l1.i096 without my approval. Recently, the par of Council passed an ordinance making the use ofa City car

Repectflly, ~J/

JE~~Y.
MAYOR
cc: Members of the Municipal Council
Robert Byre, City Clerk

John Kelly, Business Administrator Wiliam C. Matsikoudis, Corporation Counsel