New Jersey § 40a:9-140

§ 40a:9-140.

a. Commencing January 1, 1991, no person shall be appointed or reappointed as a chief

financial officer unless he holds a municipal finance officer certificate issued pursuant

to the provisions of P.L.1971, c. 413 ( C.40A:9-140.1 et seq. ) or P.L.1988, c. 110 . b. Any person who has, on or before the effective date of P.L.1988, c. 110 been granted tenure pursuant to the provisions of section 2 of P.L.1977, c. 39 ( C.40A:9-140.8 ) or the provisions of N.J.S.40A:9-152 , may continue to serve in his current position and shall not be removed from office

or denied reappointment except for just cause and then only after a public hearing

conducted pursuant to sections 2 and 3 of P.L.1977, c. 39 ( C.40A:9-140.8 and C.40A:9-140.9 ). c. Any certified municipal finance officer who has been appointed as the chief financial

officer of a municipality pursuant to section 5 of P.L.1988, c. 110 ( C.40A:9-140.10 ) subsequent to the effective date of P.L.1988, c. 110 and who thereafter filed with the clerk of that municipality and with the Division

of Local Government Services in the Department of Community Affairs a notification

that he had complied with the requirements of section 2 of P.L.1977, c. 39 ( C.40A:9-140.8 ) shall be considered to have been granted tenure and shall accordingly be entitled

to the protections set forth in subsection b. of section 2 of P.L.1977, c. 39 ( C.40A:9-140.8 ). d. Notwithstanding the provisions of any other law to the contrary, any person who

has served as a municipal finance officer in the same municipality for a period of

not less than five consecutive years while holding a municipal finance officer certificate

issued in accordance with P.L.1971, c. 413 ( C.40A:9-140.1 et seq. ), and who thereafter is appointed as the chief financial officer of that municipality,

shall be granted tenure of office upon the filing with the clerk of the municipality

and the Director of the Division of Local Government Services in the Department of

Community Affairs a notification evidencing his compliance with this section. e. A municipal finance officer who has held office continuously for five consecutive

years in the same municipality may continue to serve in his current position and shall

not be removed from office or denied reappointment for failure to qualify as a certified

municipal finance officer pursuant to provisions of P.L.1971, c. 413 ( C.40A:9-140.1 et seq. ) or P.L.1988, c. 110 . However, any such individual shall not be entitled to be appointed as the chief

financial officer of that municipality unless he possesses a municipal finance officer

certificate. f. When a vacancy occurs in the office of chief financial officer following the appointment

of a certified municipal finance officer to that office, the governing body or chief

executive officer, as appropriate, may appoint, for a period not to exceed one year

and commencing on the date of the vacancy, a person who does not hold a municipal

finance officer certificate to serve as a temporary chief financial officer. Any person so appointed may, with the approval of the director, be reappointed as

chief financial officer following the termination of the temporary appointment for up to two additional one-year terms . No local unit shall have a temporary chief financial officer for more than three consecutive years. Time served as a temporary chief financial officer shall not count as time served

as a chief financial officer for the purpose of acquiring tenure pursuant to subsection

a. of section 2 of P.L.1977, c. 39 ( C.40A:9-140.8 ) or subsection d. of this section. g. Upon application by a municipal governing body to the director, an individual without

a municipal finance officer certificate may, with the approval of the director, be

appointed to serve as the chief financial officer in a municipality in which he is

presently employed if that individual meets all of the requirements established under

subsection a. of section 2 of P.L.1971, c. 413 ( C.40A:9-140.2 ) and further has completed four of the seven training courses identified in subsection

b. of section 2 of P.L.1971, c. 413 ( C.40A:9-140.2 ), at least two of which shall be accounting courses. If any individual appointed as a chief financial officer pursuant to this subsection

fails to obtain a municipal finance officer certificate prior to January 1, 1992,

his appointment as chief financial officer shall lapse and the municipal governing

body shall appoint a certified municipal finance officer as the municipality's chief

financial officer.