This article shall be known and may be cited
as "Rules of Procedure" and is hereinafter sometimes referred to as
the "rules."
A.
The Council shall hold regular meetings on the dates
and times as set forth in the resolution adopted by the Township Council
at is annual reorganization meeting pursuant to the provisions of
the Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.). By majority
vote of the Council held at any public meeting, the time and date
of any regular meetings may be changed, provided that proper notice
is given in accordance with the Open Public Meetings Act.
[Amended 4-22-1974 by Ord. No. 1-74; 11-11-1986 by Ord. No.
17-86]
B.
Special meetings. The President of the Council may
and, upon written request of the majority of the members of the Council,
shall call a special meeting of the Council. The request and call
for such special meeting shall specify the purpose of the meeting,
and no other business shall be transacted at that meeting. The call
for a special meeting shall be filed with the Municipal Clerk at least
24 hours before the time for which the meeting is called, and the
Clerk shall forthwith give notice thereof by telephone or telegraph
to each Councilman and the Mayor at such places as the latter shall
have previously designated for that purpose, and shall also serve
or cause to be served a written copy of the call upon each Councilman
by giving a copy to him personally or by leaving a copy at his usual
place of abode. The Clerk shall also forthwith release copies of the
call to the officially designated newspaper or newspapers and post
at least one copy of the call in a prominent place in the Municipal
Building. Upon written consent executed by 2/3 of the members of the
Council, a special meeting may be held without prior notice, notwithstanding
the above provisions of this section. Notwithstanding any other language,
any notice for special meetings shall comply with the requirements
of the Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.)
[Amended 11-11-1986 by Ord. No. 17-86]
C.
Place of meetings. All meetings of the Council shall
be determined by resolution, except that in case of an emergency making
it impracticable to conduct the business of the Council at the established
location, the Council, upon such responsible public notice as the
circumstances permit, may meet in or adjourn a meeting to any other
public building.
D.
Public meetings. All regular and special meetings
of the Council shall be open to the public. The Business Administrator,
Attorney, Clerk, Treasurer, Engineer or such other Township officers
or employees shall attend if so required by a general or special order
of the Council.
E.
Workshop sessions. The Council shall hold regular
workshop sessions on the dates and times set forth in a resolution
adopted by the Township Council at its annual reorganization meeting
pursuant to the provisions of the Open Public Meetings Act (N.J.S.A.
10:4-6 et seq.). By majority vote of the Council held at any public
meeting, the time and date of any workshop session may be changed,
provided that proper notice is given in accordance with the Open Public
Meetings Act. The Council may conduct any regular business at any
workshop session.
[Amended 3-1-1974 by Ord. No. 4-71; 4-22-1974 by Ord. No. 1-74; 11-11-1986 by Ord. No. 17-86]
[Amended 4-22-1974 by Ord. No. 1-74]
A.
The President of the Council shall be chosen by the
Council for a one-year term each January at the organization meeting
and he shall:
(1)
Appoint such special committees of the Council as
may be required.
(2)
Preside at all meetings of the Council and of the
committee of the whole.
(3)
State the question and announce the result on all
matters upon which the Council may vote.
(4)
Rule on all questions of order, subject to appeal
of the Council.
(5)
Sign all ordinances and resolutions adopted in his
presence.
(6)
Have such other functions, powers and duties as the
Council may from time to time prescribe.
B.
A Vice President of the Council may be chosen by the
Council for a term of one year at the January organization meetings
and shall preside at all meetings of the Council in the absence of
the President and sign all ordinances and resolutions adopted in his
presence.
The Township Clerk shall serve as Clerk of the
Council in accordance with the Administrative Code. In the absence
of the Clerk, the Deputy Clerk shall assume the functions of the Township
Clerk.
The Mayor may attend all meetings of the Council
and may otherwise take part in discussions of the Council, but he
shall have no vote except in the instance of a tie in the vote to
fill a Council vacancy, in which case he may cast the deciding vote.
[Amended 3-1-1971 by Ord. No. 4-71]
An agenda for each regular meeting of the Council
shall be prepared by the Clerk under the supervision of the President
of the Council. The agenda shall be completed not later than 4:00
p.m. on the Thursday preceding each regular meeting of the Council.
The agenda for each regular meeting shall include only such matters
of Council business as have been considered at the previous work session.
As soon as the agenda for each meeting has been prepared, the Clerk
shall deliver a copy to each Councilman, to the office of the Mayor
and to each department head. Upon approval of the President of the
Council, emergency matters may be added to the agenda.
The President of the Council or, in his absence,
the Vice President shall take his chair at the hour appointed for
the meeting and shall call the Council to order. In the absence of
the President and Vice President, the Clerk or his assistant shall
call the Council to order, whereupon the members of the Council present
shall elect a temporary chairman who shall forthwith assume the chair
and proceed with the meeting and who shall immediately relinquish
the chair upon the conclusion of the particular business before the
Council as soon as the President or Vice President arrives.
[Amended 4-22-1974 by Ord. No. 1-74]
At the opening of each meeting of the Council,
the Clerk shall call the roll and the names of those present shall
be recorded in the minutes. Three members of the Council shall constitute
a quorum. If a quorum is not present 1/2 hour after the appointed
time for any meeting, the presiding officer, with those present, shall
determine the date, time and set forth the rescheduling of the meeting
and authorize the Clerk to so advertise. He shall not declare the
meeting adjourned.
A.
The regular business meetings of the Council and,
so far as practicable, the special meetings of the Council shall be
run in an order as follows:
[Amended 8-15-1979 by Ord. No. 10-79]
(1)
Roll call.
(2)
Salute to the flag.
(3)
Notice of presiding officer.
(4)
Approval of the minutes of previous meetings.
(5)
Opening and reading of bids.
(6)
Public hearings upon adoption or amendment of proposed
ordinances on second reading.
(7)
Miscellaneous.
(8)
Unfinished business.
(10)
Communications and petitions, written and oral.
(11)
Administrative reports of the Mayor and of administrative
officers.
(12)
Reports of the Council.
(13)
Miscellaneous.
(14)
Adjournment.
B.
The President of the Council may change the order
of business as he deems necessary in order to expedite the completion
of business to be considered.
C.
Consent agenda. The agenda for each regular Township
Council meeting shall contain a section entitled "Consent Agenda,"
which shall be considered under new business. The consent agenda shall
consist of all resolutions and applications not necessary to be read
in their entirety at the regular Township Council meeting as determined
by the Township Clerk. Items that appear on the consent agenda shall
be included in one resolution entitled "Resolution Authorizing Passage
of Consent Agenda." The resolution shall contain the title of all
the resolutions and applications to be considered at the regular Township
Council meetings. It shall only be necessary for the Township Council
to vote on the resolution authorizing the passage of the consent agenda.
Any individual member of the Council may, on request, remove any item
from the consent agenda and request that it be voted upon separately
by the Township Council. If any individual member so elects, then
that resolution or action shall be read in its entirety and a separate
vote shall be taken thereon. No matters shall be included in the consent
agenda unless the same have been posted by the Clerk on the bulletin
board located within the Township Municipal Building ordinarily used
for public notices at least two calendar days prior to the meeting
at which the matter is to be considered. The agenda prepared by the
Clerk shall include the title of each resolution or action to be taken
under the consent agenda.
[Added 3-7-1984 by Ord. No. 3-84]
The Clerk shall, so far as practicable, prepare
and distribute to the Council the minutes of each meeting promptly
after the meeting. The minutes of any meeting may be approved without
reading whenever they have been distributed at least 24 hours prior
to the time of approval. The minutes of each meeting shall be signed
by the presiding officer and by the Clerk.
There shall be no standing committees of the
Council, other than the committee of the whole. The rules of the Council
shall govern the meetings of the committee of the whole so far as
applicable. Special committees for legislative purposes may be appointed
by the President pursuant to resolution. No special committee shall
proceed to the consideration of any matter referred to it unless a
majority of the members of the committee shall be present. No special
committee shall report on a matter referred to it at the same meeting
at which the reference is made, except by unanimous consent of the
members of the committee.
A.
The vote upon every motion, resolution and ordinance
shall be taken by roll call. Upon the roll call there shall be no
discussion or explanation by any member voting unless he shall first
receive the President's approval to explain his vote, and the yeas
and nays shall be entered on the minutes.
B.
When the roll is called upon any question, the silence
of a Councilman shall constitute an affirmative vote unless he states
that he abstains.
A.
The Mayor's nomination to any office or position,
as required by the code, shall be presented under administrative reports
and voted on under new business. Action of confirmation or rejection,
upon a nomination made by the Mayor, shall not be postponed or delayed
beyond one regular meeting. Within two days after confirmation or
rejection of said nomination, the Clerk shall give written notification
to the office of the Mayor.
B.
With respect to appointments to be made by the Council,
any member of the Council may nominate as many candidates as there
are offices to be filled. The Council will consider such nominations
in committee of the whole, which may act upon the appointment at that
meeting or which shall be reported at the next regular meeting of
the Council. Where there is a single office to be filled, the first
nominee to receive a majority vote shall be deemed appointed. Where
there is more than one office to be filled, such as on a board, commission
or authority, the same procedure shall be followed with respect to
each office separately until the total number of appointments to be
made has been completed. In the discretion of the chair, a group of
nominations may be considered at once where there is no apparent division
in the Council as to the nominees included in the group.
A.
Except as otherwise specifically provided in these
rules, the proceedings of the Council shall be governed by Roberts
Rules of Order.
B.
The President of the Council, or the Vice President
in his absence, may move, second and debate from the chair, and shall
not be deprived of any right to vote or of any other rights powers
or duties of a Councilman by virtue of occupying the office of President
or Vice President of the Council.
C.
A member of the Council shall be entitled to the floor
only upon recognition by the chair. Once a member has been recognized
and taken the floor, he shall not be interrupted for any reason other
than a call to order, and in such case the chair shall rule promptly
on the point of order and the speaker shall be allowed to proceed
if he is in order. Any member may appeal to the Council from a decision
of the chair upon a question of order, when without debate the chair
shall submit to the Council for a majority vote the question, "Should
the decision of the chair be sustained?"
D.
The Councilman who has made a motion shall be entitled
to the privilege of closing debate.
E.
A motion to reconsider may be made by a Councilman
on the prevailing side, and such motion may be made only at the same
meeting, or at an adjournment thereof, at which the action was taken.
F.
A Councilman shall be entitled to have his remarks
included in the minutes.
G.
The President, with the consent of Council, may direct
a synopsis of the debate on any question to be included in the minutes.
A.
Persons other than Councilmen may be permitted to
address the Council in the proper order of business. A person present
may, upon recognition by the chair, be heard in the order of communications
and petitions and at such other times as Council may specifically
permit, but he shall confine his statements to the appropriate order
of business. No person shall address any remark or question to any
specific Councilman, except by permission of the President of the
Council, nor shall any person be permitted to address the chair while
a motion is pending. A Councilman, may, through the chair, respond
to any communication or address received pursuant to this section.
B.
Persons addressing the Council pursuant to this section
shall at no time engage in any personal offensive or abusive remarks.
The chair shall call any speaker to order who violates any provision
of this rule.
[Amended 3-1-1971 by Ord. No. 4-71; 4-22-1974 by Ord. No.
1-74]
C.
Pursuant to the heading of "Communications and Petitions,
Written," parties affected, or their authorized representatives, may
address the Council in regard to the matters then under discussion
which are the subject of such written communications.
D.
Pursuant to the heading of "Communications and Petitions,
Oral," all taxpayers or residents of the Township or their authorized
representatives may address the Council on any matter over which Council
has jurisdiction; provided, however, that preference shall be given
to those persons who may have notified the Clerk in advance of the
time required for the preparation of the agenda of their desire to
be heard.
A.
Each member of the Council shall cooperate with the
chair in preserving order and decorum, and no member shall by conversation
or otherwise delay or interrupt the proceedings of the Council, nor
disturb any member while speaking, or fail to abide by the orders
of the Council or its President, except as specifically permitted
by these rules.
B.
Any person who shall disturb the peace of the Council,
make impertinent or slanderous remarks, or conduct himself in a boisterous
manner while addressing the Council shall be forthwith barred by the
presiding officer from further audience before the Council, except
that if the speaker shall submit to proper order under these rules,
permission for him to continue may be granted by a majority vote of
the Council.
A.
Ordinances and resolutions shall be prepared for the
consideration of Council by the Township Attorney upon direction of
the Council. Prior to introduction, each proposed ordinance requiring
or permitting administrative action shall be submitted to the Business
Administrator and the department head concerned.
B.
An ordinance or resolution may be introduced by any
member of the Council. The Clerk shall forthwith provide each member
of the Council with a copy thereof. Each resolution and ordinance
shall be limited to a single object which shall be expressed in its
title and be reviewed at a conference meeting prior in submission
for public action.
C.
All resolutions shall take effect immediately upon
final passage by the Council, unless otherwise specified in the resolution
as approved.
A.
All ordinances shall be introduced, read, heard and
enacted in the manner provided by general law. Each ordinance passed
by the Council shall be forthwith delivered by the Clerk to the Mayor.
Each ordinance shall be returned by the Mayor to the Township Clerk
after the Mayor has affixed his signature thereto or after the expiration
of 10 days from the date of its delivery to the Mayor in any event.
B.
The affirmative vote of a majority of the Council
shall be necessary for the adoption of any ordinance except as provided
otherwise by general law.
The Council will reconsider any ordinance returned
by the Mayor within the time permitted by the Charter, together with
a statement setting forth his objections thereto or to any item or
part thereof. Such recommendation of the ordinance or any item or
part thereof from which the Mayor is constrained to withhold his approval
shall be at the next meeting of Council which occurs not less than
three days following the return of the ordinance by the Mayor. Whenever
an ordinance has been reconsidered and passed by the Council following
a veto by the Mayor, the Clerk shall append to such ordinance a certification
of the action of the Council upon such reconsideration in substantially
the following form:
|
I HEREBY CERTIFY that the above ordinance adopted
by the Township Council on the ______ day of ____________________
____ was delivered to me on the ______ day of ___________________
____, together with the Mayor's statement of the reasons for which
he was constrained to withhold his approval of such ordinance, item
or part thereof. On reconsideration thereof, on the ______ day of
__________________ ____, (the Council duly resolved by the affirmative
vote of 2/3 of its members to enact such ordinance, item or part thereof
notwithstanding the Mayor's veto) or (the Mayor's veto was sustained.)
|
|
Dated:
|
|
Township Clerk
|
Whenever an ordinance shall take effect without
the Mayor's signature by reason of his failure to return it to the
Council by filing it with the Clerk within 10 days after it has been
presented to him, the Clerk shall append to such ordinance as engrossed
a certificate in substantially the following form;
|
I HEREBY CERTIFY that the above ordinance was
adopted by the Township Council on the ______ day of __________________
____, and was presented to the Mayor duly certified on the ______
day of __________________ ____, and upon his failure to sign it or
to return and file it with the Clerk within 10 days thereafter, the
said ordinance took effect in like manner as if the Mayor had signed
it.
|
|
Dated:
|
|
Township Clerk
|
All reports to the Council and all resolutions
shall be filed with the Township Clerk and entered in the minutes
of the Council.
A motion to adjourn shall always be in order
and shall be decided without debate.
