Title
Dept/Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Waiving 20-day period for an ordinance effective date
Purpose: This resolution authorizes an emergency to be declared and further authorizes Ordinance 6PSF-a, adopted on First Reading by the Municipal Council on October 14, 2020, which amends and supplements Title II Administration, Chapter 2 Office of the Mayor and Agencies, Article 5 Offices, Boards, Commissions and Authorities, Section 86 Civilian Complaint Review Board (CCRB) of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, by increasing the number of board members and changing the structure and process of nominating board members to become effective after being adopted on Second Reading and Final Passage on November 10, 2020.
Ordinance No(s): Ordinance 6PSF-a is scheduled for a Public Hearing, Second Reading and Final Passage on November 10, 2020.
Additional Information:
Invitation: Corporation Counsel
Deferred 7R6-a 111020
Deferred 7R6-a 111820
body
WHEREAS, the Civilian Complaint Review Board (the “CCRB”) was created to establish a civilian oversight entity to be a critical part of the implementation of reforms and creating protections for the citizenry, as well as instilling confidence in the resolution of investigations and providing transparency of the process; and
WHEREAS, in order for the CCRB to better reflect and represent the citizens of the City of Newark (the “City”), it is necessary to make the following changes: (a) amend the structure of the Board, and the process of nominating Board members, to increase the pool for possible nominations; and (b) increase the number of Board members, by adding two (2) young adult members (ages 18-25) to provide a critical and needed point of view; and
WHEREAS, on October 14, 2020, the Administration proposed Ordinance 6PSF-a (hereinafter ‘the Ordinance”) which amends and supplements, Title II Administration, Chapter 2 Office of the Mayor and Agencies, Article 5 Offices, Boards, Commissions and Authorities, Section 86 Civilian Complaint Review Board (CCRB) of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, by increasing the number of board members and changing the structure and process of nominating Board members; and
WHEREAS, on October 14, 2020, the Municipal Council advanced and adopted the Ordinance on First Reading, and it is scheduled for a Public Hearing, Second Reading and Final Passage on November 10, 2020; and
WHEREAS, there is an exigent need for the Ordinance to be effective to allow for the CCRB to be fully operational with a full Board; and
WHEREAS, the delay in having a fully functioning Board will stifle the important work that the CCRB must undertake; and
WHEREAS, N.J.S.A. 40:69A-181(b) authorizes the Governing Body to adopt a resolution declaring an emergency and authorizing that an Ordinance take immediate effect so long as at least two-thirds of all the members of the Governing Body vote in favor of such resolution; and
WHEREAS, the Municipal Council recognizes the exigent need for the Ordinance to take immediate effect so that the CCRB can be fully functional with a full Board; and
WHEREAS, the Municipal Council has determined that it is therefore necessary and appropriate to adopt this resolution pursuant to N.J.S.A. 40:69A-181(b) declaring an emergency and determining that the Ordinance if adopted on November 10, 2020, shall take immediate effect upon the Mayor’s signature and publication.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. As a result of the reasons set forth herein and the important public policies enunciated, an emergency is hereby declared to exist and the Ordinance, which amends and supplements, Title II Administration, Chapter 2 Office of the Mayor and Agencies, Article 5 Offices, Boards, Commissions and authorities, Section 86 Civilian Complaint Review Board (CCRB) of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, by making the following changes: (a) amending the structure of the Board, and the process of nominating Board members, to increase the pool for possible nominations; and (b) increasing the number of Board members, by adding two (2) young adult members (ages 18-25), to become effective upon adoption by the Municipal Council on Second Reading and Final Passage, in accordance with N.J.S.A. 40:69A-181(b) due to the exigent need to have a fully functioning CCRB.
STATEMENT
This resolution hereby authorizes an emergency to be declared, and further authorizes the Ordinance, which amends and supplements, Title II Administration, Chapter 2 Office of the Mayor and Agencies, Article 5 Offices, Boards, Commissions and Authorities, Section 86 Civilian Complaint Review Board (CCRB) of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, by making the following changes: (a) amending the structure of the Board, and the process of nominating Board members, to increase the pool for possible nominations; and (b) increasing the number of Board members, by adding two (2) young adult members (ages 18-25), to become effective upon adoption by the Municipal Council on Second Reading and Final Passage, in accordance with N.J.S.A. 40:69A-181(b) due to the exigent need to have a fully functioning CCRB.