Area of Practice: Local Government Law

The Faulkner Act and Election Law

New Jersey’s Optional Municipal Charter Law, also known as the Faulkner Act, provides for several models of local government in New Jersey.  Most municipalities in New Jersey are governed under one of four forms of government under the Faulkner Act: Mayor-Council, Council-Manager, Small Municipality, and Mayor-Council-Administrator.  One common characteristic of communities governed under the Faulkner act is strong executive control matters ranging from budget management, management of litigation against the municipality, and appointment of members of local town boards.  The Faulkner Act also provides citizens an opportunity to directly introduce proposed ordinances through petitions and ballot referendum.

Another common source of legal disputes in New Jersey arises from elections.  The frequency with which election results and related matters land in court is almost certainly related to the high number of layers of government New Jersey.  The include elections to local boards of education, local council and mayoral races, freeholder and county elections, and assembly and state senate elections.  The stakes are high, improprieties are common, and candidates invest considerable energy, time and resources to ensure victory.  As a result, for better or for worse, lawyers and judges often play a significant role in the ultimate outcome of election outcomes in New Jersey.

The Law Offices of Bhalla & Cho, LLC has expertise in litigation matters under the Faulkner Act and representing candidates in matter involving election disputes.  The Firm’s experience in this area of local government law includes:

• Representation of the Corporation Counsel of a large New Jersey municipality involving a lawsuit between the mayor, city council and city attorney brought under the Faulkner Act;
  
  
• Representation of a police chief and mayoral candidate in a challenge to his eligibility to run for office under New Jersey’s durational residency requirement;
  
  
• Representation of a mayoral candidate and two councilpersons in a lawsuit involving the shutdown of local government services arising from a budget crisis in the municipality;
  
  
• Representation of candidates related to challenges of provisional ballots, voter eligibility, and electioneering.

In 2002 and 2006, Mr. Bhalla served as a volunteer attorney with Mayor Cory A. Booker and the Booker Team for Newark. 

Representation Before Local Boards

Municipalities in New Jersey are governed by a maze or of state and local law and regulations that often confound citizens that have resided in local communities for decades.  Often local laws change, or their interpretation and application are impacted by judicial rulings, thereby impacting the rights of individuals, companies and organizations that come before local boards.  Such matters range from a bar owner disputing a prosecution for revocation of a liquor license, to a community group appearing before a local historic preservation board to ensure development does not destroy the historic character and continuity of a community, to a landlord requesting a vacancy decontrol increase before a local rent control board, to the parents of a school child concerned about the allocation of education resources in a town’s school budget, to a community group challenging a developer’s application for a height and density variance.  One may say that the lions share of decisions about the fabric of a community in New Jersey are governed by local government law the decisions of local boards.

The members of local boards in municipalities are typically appointed by the mayor of the municipality, and usually include or consist entirely of ordinary citizens.  In some instances, board members are elected by the general public.  In most cases, board members have experience or involvement in the subject matter to which a board’s authorities are delegated. 

Individuals, community groups, and companies that come before local boards are most often represented by attorneys with specialized knowledge in the area of local government law.  The Law Offices of Bhalla & Cho, LLC provides representation to such individuals confronted with challenges in the area of local government law.  The Firm has also appeared before a variety of local boards in many areas, including:

• successful pro bono representation to families in Hoboken public housing subjected to eviction proceedings under the New Jersey’s “one-strike” law;
  
  
• representation of bar and restaurant owners in matters involving New Jersey’s Alchohol and Beverage Control Act;
  
  
• successful representation and counseling of tenants and community groups in eviction proceedings and other matter involving collective tenant rights;
  
  
• successful representation of a church group and local community organization as an “objector” to a developer’s application for zoning variances before a local board of zoning and adjustment

The Law Offices of Bhalla & Cho, LLC has previously served as special litigation counsel to the City of Hoboken’s Rent Leveling and Stabilization Board.