In Re Ordinance 04-75

The Legislature has conferred on the voters of Faulkner Act municipalities, 1 such as Trenton, “the power of referendum,” the right to test a challenged ordinance in the crucible of the democratic process. See N.J.S.A. 40:69A-185. When a referendum petition is properly filed, the voters have the final say in approving or rejecting an ordinance at the ballot box.

In this case, the Trenton City Council enacted Ordinance 04-75, which established a new organizational table for the police depart ment and set a salary range for the chief of administrative services. A Trenton citizens group filed a…