Frequently Asked Questions

The Charter Study Commission was elected by Millburn voters in November 2025 to conduct an independent study of the Township's form of government and recommend changes if appropriate. Five commissioners were elected to serve. The Commission conducted its work over five months, holding weekly public meetings and more than 40 structured interviews. The Commission completed its work and issued its Final Report on April 15, 2026.

The Commission unanimously recommends that Millburn adopt the Council-Manager form of government under New Jersey's Optional Municipal Charter Law (the Faulkner Act). This would replace the current Township Committee form of government. Key features:

• Seven council members elected at-large
• Non-partisan elections held every other November
• Four-year staggered terms
• A mayor selected by the council from among its members
• A Municipal Manager appointed under state statute
• Initiative and referendum powers available to residents

A YES vote adopts the Council-Manager form of government as recommended by the Charter Study Commission. If the referendum passes, all seven new council members will be elected at the November 2026 general election, and the new government will take effect January 1, 2027.

A NO vote rejects the recommendation. Millburn would continue to operate under the current Township Committee form of government.

Millburn currently operates under the Township Committee form of government. Five members are elected in partisan, annual elections for staggered three-year terms. The Township Committee selects a mayor from among its members for a one-year term. The Business Administrator, who manages day-to-day operations, is appointed by local ordinance.

In the Council-Manager form, an elected council serves as the legislative body and a professionally appointed Municipal Manager serves as the chief executive officer. The Manager's authority is established by state statute rather than local ordinance. This form is used by hundreds of New Jersey municipalities and is designed to separate elected policy-making from professional administration.

Millburn would retain professional management of day-to-day operations (the current Business Administrator function, strengthened under state law). The mayor would continue to be selected by the governing body rather than directly elected by voters, as is currently the case.

The Commission considered three timing options. A November referendum would require new council elections in either May 2027 or November 2027 — adding complexity and delay. Under the Commission's recommended option, the referendum is held in June 2026, followed by a new council election in November 2026, with the new government seated January 1, 2027. A full discussion of the timing options is available in the Commission's Final Report and in the recording of the March 31, 2026 public meeting.

You must request a mail-in ballot by June 9, 2026. Complete the Essex County application form and mail it to the County Clerk, or apply online through the NJ Voter Information Portal.

The complete Final Report is available on the Township website: Charter Study Commission Final Report (PDF).

A condensed version is available as the Executive Summary (Chapter I).

Two structural findings drove this recommendation. First, 43% of Millburn's registered voters are unaffiliated. Under the current Township Committee form, the June primary — the election that narrows the field — is closed to unaffiliated voters unless they register with a party. By the time November arrives, the competitive choices have already been made without the participation of nearly half the electorate. Second, the Commission found that partisan labels in local elections introduce divisions that do not map onto local policy. A voter's position on national party platforms may have no connection to their views on Millburn's development decisions, infrastructure priorities, or zoning. Millburn's Board of Education already conducts non-partisan elections. The Commission recommends extending that model to Township governance.

See also: Commission Report, pp. 50–53 · March 26, 2026 Commission deliberation (YouTube)

The Commission identified two structural arguments. First, under New Jersey's Open Public Meetings Act, a five-member governing body can only form two-member informal working groups — groups that cannot hold public deliberations, receive formal testimony, or take action. A seven-member council can form three-member subcommittees with full deliberative capacity, enabling substantive committee work before matters come to a full council vote. Second, a seven-member council is operationally more resilient. When a member must recuse from a vote due to a conflict of interest, a five-member body risks deadlocking at 2-2 with no path to decision. A seven-member council absorbs a recusal and continues to govern without interruption.

See also: Commission Report, pp. 47–48 · March 26, 2026 Commission deliberation (YouTube)

The current combination of three-year terms and annual elections compounds over time in a specific way: because one or two seats turn over every year, a council member serving a full term could sit alongside as many as three different governing body configurations. With up to 80% of the body potentially changing within any two-year window, it is difficult to develop institutional coherence, attribute policy outcomes to any particular group of members, or hold the body accountable for decisions that unfold over multiple years. The Commission also found through interviews that the unbroken annual election cycle materially compresses the period of effective governance — campaigns resume almost immediately after each election, shaping votes and consuming bandwidth that would otherwise go to governing. Four-year staggered terms provide stability for sustained work while preserving voter accountability through elections every two years.

The roles are operationally similar. Millburn's Business Administrator manages day-to-day operations, supervises department heads, oversees the budget, and handles personnel — exactly the functions a Municipal Manager performs. The township has had a professional in this role continuously for 41 years, with only two individuals ever having held the position. The difference is legal foundation. The Business Administrator position is created by local ordinance, which any Township Committee majority can amend, weaken, or repeal by simple majority vote without voter approval. The Municipal Manager position under the Faulkner Act is established by state statute with defined duties, authority, and accountability. In both cases, the official serves at the will of the elected governing body and can be removed by majority vote at any time. What changes is not who controls the position — it is whether that control operates under a local ordinance or under state law.

See also: Commission Report, pp. 44–46 · March 26, 2026 Commission deliberation (YouTube)

Initiative and referendum are standard features of all forms of government established under the Optional Municipal Charter Law (the Faulkner Act). Initiative allows residents to propose an ordinance by petition: if a sufficient number of registered voters sign within the required window, the proposal goes before the council, and if the council declines to adopt it, it goes to voters in a subsequent referendum. Referendum allows residents, through a similar petition process, to refer an ordinance the council has already passed back to voters for approval or rejection. Both require meaningful signature thresholds under state law. Under Millburn's current Township Committee form, no equivalent mechanism for direct resident legislative participation exists.

It is the most common municipal government structure in the United States. According to the International City/County Management Association's 2018 survey of 10,969 local governments, 4,386 — 40% — operate under the Council-Manager form, more than any other structure. Among those, 77.7% use non-partisan elections.

Source: ICMA 2018 Municipal Form of Government Survey.