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Indyk v. Klink

Decided: November 17, 1972.

JOSEPH S. INDYK, INDIVIDUALLY AND AS MAYOR OF THE TOWNSHIP OF MONROE, PATRICK GIBBONS, INDIVIDUALLY AND AS COUNCILMAN OF THE TOWNSHIP OF MONROE, AND THE CITIZENS OF THE TOWNSHIP OF MONROE, A MUNICIPAL CORPORATION OF NEW JERSEY, PLAINTIFFS-APPELLANTS,
v.
JOHN KLINK, WINSTON NOBLE, GEORGE O'CARROLL AND JAMES MCCORMACK, INDIVIDUALLY AND AS COUNCILMEN OF THE TOWNSHIP OF MONROE, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANTS-RESPONDENTS



Lora, Allcorn and Mehler.

Per Curiam

By referendum pursuant to the Optional Municipal Charter Law (N.J.S.A. 40:69A-1 et seq.), the citizens of Monroe Township, Middlesex County, on April 6, 1971 adopted the mayor-council plan F (N.J.S.A. 40:69A-74 to 80, inclusive) as the form of their municipal government. The new form of government became effective January 1, 1972, following election of a mayor and members of the council at the general election held November 2, 1971, N.J.S.A. 40:69A-205.

Thereafter, the council adopted an administrative code -- "An ordinance to provide for the organization and administration

of the government of the Township of Monroe * * *" Section 5.1 of said ordinance provided as follows:

ARTICLE FIVE

ORGANIZATION AND ADMINISTRATION GENERALLY

Section 5.1 -- Organization Generally.

Except for the offices or terms of office listed in N.J.S.A. 40:69A-207 all offices or terms of office of any Township employee or agency member are hereby abolished as of 12 o'clock noon on January 1, 1972. Thereafter the Township government shall be comprised, in addition to the Council and Municipal Court, of the following departments, division, bureaus and offices:

(a) Office of the Mayor

(b) Office of the Township Clerk

(c) Department of Administration

(d) Department of ...


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