43:19-2 - Procedure

43:19-2.  Procedure
    For the purpose of forming the corporation the chief engineer or other chief  officer or person in charge of the employees of such board shall notify each  employee of the board holding any position of permanent or seasonal employment,  not including laborers, unless such labor work is paid on a weekly, monthly or  annual salary basis for a continuous employment thereof, and recognized as  permanent appointees of the board, it being the intent to exclude transient  labor employment from the operation of this chapter, to attend a meeting to be  held not less than five days after the giving of the notice, to consider the  formation of a corporation in accordance with this chapter.  The notice shall  be in writing and shall specify the time and place of the meeting of the  employees.  If two-thirds of the employees present at the meeting vote in favor  of forming the corporation they shall adopt a resolution to that effect and  shall choose a name therefor.  They shall organize by electing three persons  selected from the employees of such board, who, together with the executive  head of the board or department having charge or control of the streets and  public improvements in the city and the chief engineer, or person in charge of  the employees, the latter two being ex-officio members, shall constitute a board of trustees.  The first trustees so created shall prepare and sign a certificate reciting the adoption of the resolution by the employees as so directed, the name adopted, the appointment of trustees, the organization and  the names of officers and execution of the certificate, for the purpose of  forming a corporation under this chapter for the purposes herein stated. The  certificate shall be recorded in the office of the clerk of the county wherein  the corporation is organized, and filed in the office of the commissioner of  banking and insurance, at Trenton. Thereupon the trustees, their associates  and successors, shall be a corporation with all the powers incident thereto.