Borough of Kinnelon, NJ Chapter 13 Bylaws

[HISTORY: Adopted by the Borough Council of the Borough of Kinnelon 5-13-1996 by Ord. No. 3-96 (Ch. 4 of the 1972 Code). Amendments noted where applicable.]

§ 13-1 Adherence to Robert's Rules of Order; interpretation of rules and bylaws.

A. The deliberation of the Council shall be governed by the latest "Robert's Rules of Order." If there is any inconsistency, these rules and regulations will govern.

B. Each year the Council, at its reorganization meeting, may appoint a Parliamentarian to interpret Robert Rules of Order and these bylaws.

§ 13-2 Mayor.

A. The Mayor, as the chief executive officer of the Borough, shall preside over the meetings of the Council and shall chair the meetings thereof. The Mayor is part of the governing body and shall also participate in the determination of Borough affairs to the extent permitted by statute; however, the Mayor may vote only to break a tie.

B. The Mayor shall on all occasions preserve the strictest order and decorum and shall cause the removal of all persons who interrupt the orderly proceedings of the Council. At the discretion of the Mayor a Sergeant at Arms may be appointed for this purpose.

C. When two or more Council members shall rise at the same time, the Mayor shall name the one entitled to the floor. The Mayor's decision may be appealed, or, before there is an appeal, the Mayor may allow the Council to decide the question by majority vote.

D. The Mayor shall decide all questions of order without debate subject to an appeal to the Council and shall call upon the Council for their opinion upon any appeal of a question of order. The opinion of the majority of the Council shall be final.

[Amended 12-16-2021 by Ord. No. 18-21]

E. The Mayor shall be an ex officio nonvoting member of all committees, both standing and special, and shall be informed of all meetings of such committees.

F. The Mayor shall serve as the liaison between the governing body and all boards, committees, agencies and organizations, except as herein assigned to a specific Council committee for liaison purposes.

G. In the absence of the Mayor or if the Mayor is unable to perform the duties of the office, the Council President (or, in the President's inability to act, the Council member having the longest term as such) shall perform all the duties of the Mayor during such absence or inability, as provided by N.J.S.A. 40A:60-3.

H. The Mayor shall be responsible for signing all contracts or agreements negotiated on behalf of the Borough as authorized by resolution passed by majority vote of the Borough Council.

[Added 12-16-2021 by Ord. No. 18-21]

§ 13-3 Borough Clerk.

A. The Borough Clerk shall perform the duties enjoined upon the office of the Borough Clerk by the Revised Statutes of New Jersey by the laws of New Jersey as are now or hereinafter imposed by statute.

B. The Borough Clerk shall keep the minutes and the ordinance books properly and fully indexed and shall perform all the duties usually devolving upon such officer and, in addition, such other duties or services as the Mayor or Council may direct.

C. Upon the introduction of an ordinance, the same shall be properly numbered and recorded at length by the Borough Clerk in the ordinance book. The assigned number shall appear in the advertisement of such ordinance.

§ 13-4 Meetings.

A. Annual reorganization meeting. The Mayor and Council shall hold an annual reorganization meeting during the first seven days of January in any year.

B. Time and place; notice. The Council, at its annual reorganization meeting, shall fix the time and place for holding regular meetings during the ensuing year, which time and place shall not be changed except in accordance with the Open Public Meetings Act.[1] All regular meetings shall be held in the Borough. At least once each year, within 7 days of the annual reorganization meeting of the governing body but not later than January 10 of such year, the governing body shall give annual notice of the time, dates and location of its regular meetings and otherwise comply with the annual notice provisions of N.J.S.A. 10:4-18. All meetings of the governing body shall comply with the annual notice provisions of N.J.S.A. 10:4-6 et al., including the requirement that no meeting of the governing body shall be held unless adequate notice thereof, as is defined by the Open Public Meetings Act, has been provided to the public. However, in such extraordinary circumstances that, due to the urgency and importance of a matter requiring consideration by the Borough at a special meeting, any delay in consideration of said matter for the purpose of providing adequate notice would be likely to result in substantial harm to the public interest, and the meeting is limited to discussion of and acting with respect to such matters of urgency and importance, therefore, adequate notice cannot be provided in accordance with requirements of the Act, the governing body may hold a meeting notwithstanding the failure to provide adequate notice if the specific requirements of N.J.S.A. 10:4-9 and N.J.S.A. 10:4-10 and any other applicable provision of the Open Public Meetings Act are met.

[Amended 12-16-2021 by Ord. No. 18-21]

[1] Editor's Note: See N.J.S.A. 10:4-6 et seq.

C. Closed sessions. When the governing body deems it necessary to limit public participation from a portion of public meeting to discuss in closed session a matter that falls within one of the enumerated exceptions of N.J.S.A. 10:4-12, discussions of the governing body in closed session shall be kept strictly confidential until the governing body determines in accordance with the provisions of N.J.S.A. 10:4-13, when the discussions conducted in closed session can be disclosed to the public. The Council shall investigate any alleged breach of the confidentiality of closed sessions discussions and shall take whatever action it deems to be necessary to preserve the integrity of closed sessions.

D. Council President. At the annual reorganization meeting, the Council will elect one of its members as Council President to serve for the calendar year and the next annual meeting. The President of the Council shall perform all the duties of the Mayor during any period in which the Mayor is absent from the Borough for three days or more or is unable to perform the duties of the Mayor's office. Where such absence is intended, the President of the Council shall become the Acting Mayor until the Mayor's return. If the President of the Council is unable to perform the duties of the Acting Mayor, then the member of Council with the longest term of service may act temporarily for the President of the Council.

E. Quorum.[2]

(1) Three Council members and the Mayor, and in the absence of the Mayor four Council members, shall constitute a quorum for transacting business.

(2) If no quorum is present at any meeting, those assembled shall have power and are hereby authorized to set a new meeting date, in accordance with § 13-4B above, and then adjourn.

[2] Editor's Note: Former Subsection E, Special meetings, was repealed 12-16-2021 by Ord. No. 18-21. This ordinance also redesignated former Subsections F through I as Subsections E through H, respectively.

F. Consent agenda. The consent agenda is an effective procedure for handling routine business. It consists of non controversial matters requiring no discussion and may be used by the Council to handle such business at its option.

G. Order of business.

(1) The following order of business shall be observed:

(a) Statement of adequate notice of meeting as required by N.J.S.A. 10:4-6, the Open Public Meetings Act.

[Amended 12-16-2021 by Ord. No. 18-21]

(b) Roll call.

(c) Treasurer's report.

(d) Committee reports and liaison reports.

(e) Hearing from the public.

[Amended 9-15-2016 by Res. No. 9.04.16]

[1] A participant must be recognized by the Mayor or his/her designee and must preface comments by an announcement of his/her name, place of residence, and group affiliation, if appropriate;

[2] Each statement made by a participant shall be limited to no more than five minutes' duration and participants shall receive a warning after three minutes have expired;

[3] No participant may speak more than once on the same topic until all others who wish to speak on that topic have been heard;

[4] All statements shall be directed to the Mayor or his/her designee; no participant may address or question Council members individually;

[5] The Mayor or his/her designee may:

[a] Interrupt, warn, or terminate a participant's statement when the statement is too lengthy, abusive, obscene, or irrelevant;

[b] Request any individual to leave the meeting when that person does not observe reasonable decorum;

[c] Request the assistance of law enforcement officers in the removal of a disorderly person when that person's conduct interferes with the orderly progress of the meeting;

[d] Call for a recess or an adjournment to another time when the lack of public decorum so interferes with the orderly conduct of the meeting as to warrant such action; and

[e] Waive these rules when necessary for the protection of privacy or the efficient administration of the Council's business.

(f) Consent agenda.

(g) Old business.

(h) New business.

(i) School and county taxes.

(j) Reports.

(k) Resignations.

(l) Appointments.

(m) Adjourn Meeting.

(2) The aforesaid order of business at any meeting may be changed by a majority vote of the members of the Council present at such meeting.

H. Voting procedures.

(1) Except as otherwise required by the law, or specifically provided by these bylaws, all actions of the Council shall be by majority vote of those present.

(2) Upon demand of one member of the Council, or when ordered by the Mayor, or when required by law, a roll-call vote shall be taken on any item including individual items from the consent agenda, and the yeas and nays entered in the minutes of the meeting.

(3) There shall be a roll-call vote on any motion to expend Borough funds.

§ 13-5 Committees.

A. The Council at its annual meeting shall establish for its members such committees of the Council as will assist it for the ensuing year.

B. The Mayor shall appoint all members of the committees with the advice and consent of the Council and shall be a member, ex officio and nonvoting, of each such committee. In addition, the Mayor shall see that all matters referred to the committees are acted upon and reported promptly.

[Amended 12-16-2021 by Ord. No. 18-21]

C. The following standing committees of the Council, consisting of one, two or three Council members each (other than the Mayor, ex officio), shall be appointed at the annual meeting.

[Amended 3-18-2010 by Ord. No. 5-10; 2-19-2015 by Ord. No. 2-15; 12-16-2021 by Ord. No. 18-21]

(1) Finance.

(2) Public Safety.

(3) Public Works.

(4) Utilities.

(5) Recreation.

(6) Coordinating.

(7) Ordinance and Legal Affairs.

(8) Personnel.

(9) Open Space.

(10) Technology.

(11) Library Liaison.

D. Each Council member shall be Chairperson of one of the eleven Standing Committees named in this section.

[Amended 3-18-2010 by Ord. No. 5-10; 12-16-2021 by Ord. No. 18-21]

E. The purpose of Standing Committees is to expedite and facilitate the work of the Council only within statutory limits, as the entire Council may be held responsible for any or all of the acts of the Council.

(1) A standing committee shall:

(a) Plan, study, direct, make recommendations and carry on the routine activities for which it has primary responsibility.

(b) Perform the work assigned to it by the Council Report and make recommendations to the Council regarding its responsibilities and activities.

(2) A standing committee shall not:

(a) Exceed its budgetary appropriations without prior approval of the Council.

(b) Make promises or commitments to anyone which directly, or indirectly, bind the Council. Act in such a manner or make decisions, or violate established Council policy.

(c) Usurp the powers of the Council.

F. Special committees may be appointed for purposes other than those included in the duties of the standing committees. Special committees shall automatically dissolve at the completion of their task or the end of the year, whichever is sooner. They may be reestablished as a special committee at the annual reorganization meeting, if the purpose of the committee was not fully completed by the end of the year that it was established.

G. No committee, standing or special, shall have the power to bind the Borough in any manner.

H. At the time of the appointment of any committee, the Mayor shall name some member thereof as the Chair of such committee. The Mayor may, with the concurrence of a majority of the Council, change existing Committee assignments and/or serve as Chair when it is in the best interests of the Borough to do so.

I. The Chair of each standing or special committee shall be prepared to report to the Mayor and Council at each regular meeting on the principal activities and achievements of said Committee.

J. The Chair of each standing committee shall perform the department supervisor’s annual job performance evaluation and compensation recommendation. The Chair shall also review the job performance evaluation and compensation recommendations of department employees performed by the department supervisor. Said evaluations and compensation recommendations shall be performed annually, at the beginning of the fourth quarter and, upon approval, be submitted to the Finance Committee in time for inclusion in the budget process.

[Added 11-20-2003 by Ord. No. 25-03]

K. The Committee shall review and approve all applicants in consideration for department employment. The hiring of all department employees is subject to the final approval of the Borough Council.

[Added 11-20-2003 by Ord. No. 25-03]

§ 13-6 Duties of standing committees of Council.

A. Finance Committee. The Finance Committee shall have primary responsibility for the following activities and matters:

(1) The examination, review and approval of all vouchers prior to their submission to the Council for authority to pay same.

(2) The administration, practices, procedures and records of the following:

(a) The Borough Clerk - Treasurer and his/her office.

(b) The Tax Collector and his/her office.

(c) The Municipal Finance Officer and his/her office.

(d) The Tax Assessor and his/her office

(3) The initiation of in rem foreclosure action and subsequent administration and disposition of property acquired by the Borough under foreclosure of tax title liens.

(4) Supervision and administration of all phases of the budgetary process including the preparation of the budgets of all Borough departments, boards, agencies and offices, and procedures to be followed by all Borough departments, boards, agencies and offices in connection therewith, and the preparation and submission to the Council of the annual budget for its consideration and adoption.

(5) The maintenance, review and revision of the Borough cost system.

(6) Supervision of the Borough's insurance coverage, including review of existing insurance policies and recommendations in connection therewith at the time of renewal.

(7) It shall also serve as the liaison between the Council and the registered municipal accountants and/or Borough Auditor, and with any other body or organization related to the annual report of audit, the Borough's cash management system and other fiscal matters.

B. Public Safety Committee. The Public Safety Committee shall have primary responsibility for the following described activities and matters:

(1) The administration, practices, procedures and records of the following:

(a) Police activities.

(b) Licensing and inspection of licensed premises and persons, as designated by the Council.

(c) Local traffic and all parking matters (except the construction and maintenance of municipal parking lots).

(d) Civilian defense activities.

(e) Emergency preparedness (Hazmat).

(f) Liaison to KVFC and auxiliaries.

C. Public Works Committee. The Public Works Committee shall have primary responsibility for the following described activities and matters:

(1) The administration, practices, procedures and records of the Department of Public Works operation, which includes the following Maintenance and Repair Departments:

(a) Roads.

(b) Buildings and Grounds.

(c) Field Maintenance.

(d) Recycling.

(e) Water and Sewers.

(f) Clean Communities Grant Program.

(2) Maintenance, construction, repair, improvement, drainage, cleaning and inspection of Borough roads and approval of street and driveway opening permits.

(3) Maintenance and repair of sidewalks and curbs on Borough property.

(4) Maintenance and repairs of all Borough-owned buildings.

(5) Maintenance and repairs of all Borough-owned real property.

(6) Maintenance and repairs of all Department of Public Works vehicles and equipment.

(7) Maintenance and repairs of Borough's recreation fields.

(8) Operation and maintenance of bulk containers, recycling depot and its equipment, and supervision of curbside pickup recycling program.

(9) Operation and maintenance of water and sewer lines in Kinnelon and Water and Sewer Department vehicles and equipment.

(10) Supervision of the Clean Communities Roadside Cleanup Program under state grant.

(11) Overseeing and administration of all official public celebration events.

(12) The Superintendent of Public Works shall serve as liaison between the Public Works committee and the public Works Department.

(13) The Public Works Committee shall serve as the liaison between the Council and the State and County Highway Departments except in traffic matters which are under the Jurisdiction of the Public Safety Committee.

D. Utility Committee. The Utility Committee shall have primary responsibility for the following described activates and matters:

(1) The Utilities Committee shall have primary responsibility for the following described activities and matters, subject to the regulation of the state:

[Amended 12-16-2021 by Ord. No. 18-21]

(a) The Borough Engineer and his/her office.

(b) The Water and Sanitation Engineer.

(c) The Construction Official and all subcode officials.

(d) Electricity and natural gas.

(e) Household waste collection and disposal.

(f) Household and commercial recycling.

(g) Sanitary sewers.

(h) Water.

(2) The Committee shall be the liaison between the governing body and the utility companies and independent contractors providing utility services to the Borough described in Subsection D(1) above and shall be responsible for:

(a) Negotiating contracts with suppliers on behalf of the Borough of said utility services subject to Borough approval, reporting the status of negotiations to the governing body, and submitting the proposed contract for discussion and approval by the Council.

[Amended 12-16-2021 by Ord. No. 18-21]

(b) Preparing and reviewing utility service plans as needed or as directed by the Council and making recommendations to the governing body for improving existing or new services.

(c) Supervising the appropriate access and use of utilities and, in connection therewith, seeing to it that the Borough Engineer and Water and Sanitation Engineer report to the Committee any proposed use of a utility which deviates from the Borough's service plans, master plan or ordinances, and making recommendations in connection therewith to the governing body within 30 days of receipt of said report.

(d) Resolving matters raised by the Borough Engineer and the Water and Sanitation Engineer and providing status reports to the governing body.

(3) The Utility Committee shall have responsibility for the administration, practices, procedures and records of the water and sewer utilities, Wastewater Management Plan and service area maps.

E. Recreation Committee. The Recreation Committee shall have primary responsibility for the supervision, administration, practices, procedures and records of all recreation activities conducted by the Borough.

[Amended 12-16-2021 by Ord. No. 18-21]

F. Coordinating Committee. The Coordinating Committee shall be primarily responsible for serving as the liaison between the Council and any other boards, committees, agencies or bodies in the Borough which have not been assigned a liaison by these bylaws, including but not limited to:

[Amended 12-16-2021 by Ord. No. 18-21]

(1) The Board of Health.

(2) The Board of Education.

(3) The Historical Committee.

(4) The Board of Adjustment.

(5) The Environmental Committee.

G. Ordinance and Legal Affairs Committee. The Ordinance and Legal Affairs Committee shall be responsible for the presentation to the governing body of all municipal ordinances and amendments thereto. It shall also serve as the liaison for the Municipal Court, the Municipal Prosecutor, the Public Defender and the Borough Attorney. It shall also have the responsibility of reviewing the bylaws of the Borough Council annually and reporting thereon to the Mayor and Council no later than the September meeting.

H. Personnel Committee.

(1) Except where governed by separate contract, the Personnel Committee shall be responsible for performing all functions assigned to it in the Personnel Policy,[1] including but limited to:

[Amended 11-20-2003 by Ord. No. 25-03]

(a) Review personnel policy, records, practices and procedures annually and making recommendations thereon to the governing body.

(b) Hear grievances and make recommendations in connection therewith to the governing body for decision.

(c) Acting as liaison to all departments to resolve personnel problems if resolution is not reached with the Council liaison.

(d) Reviewing and approving the dismissal and/or the suspension of employees subject to the employee’s right to appeal a decision of the Personnel Committee to the governing body.

[1] Editor's Note: See Ch. 53, Personnel Policies.

(2) In the event of any inconsistency between the functions of the Personnel Committee as they relate to the Personnel Policy as may be amended from time to time and these bylaws, the Personnel Policy shall govern.

I. Open Space Committee. The Open Space Committee shall have primary responsibility for the following described activities and matters:

[Added 3-18-2010 by Ord. No. 5-10]

(1) Investigate opportunities to acquire lands within the Borough of Kinnelon for recreation and conservation purposes.

(2) Negotiate contracts with sellers of open space lands on behalf of the Borough (subject to Borough Council approval); report the status of said negotiations to the Borough Council and submit all proposed contracts to acquire such lands to the Borough Council for review and approval.

(3) Supervise the development of lands acquired by the Borough for recreation and conservation purposes.

J. Technology Committee. The Technology Committee shall have the primary responsibility for the following described activities and matters:

[Added 2-19-2015 by Ord. No. 2-15; amended 12-16-2021 by Ord. No. 18-21]

(1) Acting as liaison between the Borough and the various technology providers and being responsible for the supervision, administration, practices and procedures for the following:

(a) Municipal network, WIFI and email system, RAVE system and internet access, and any other technology system used anywhere by any Borough department.

(b) Municipal telephone system.

(c) Municipal computers and other related hardware and software.

(d) Municipal electronic communication - website, social media pages, electronic marquee.

(e) Various telephone, internet and cable television providers operating within the Borough.

(2) Negotiating contracts and/or agreements with suppliers of the aforesaid technology services on behalf of the Borough, reporting the status of negotiations to the governing body, and submitting the proposed contract or agreement for discussion and approval by the Borough Council.

(3) Acting as liaison to all Borough departments and committees, and any other organization that wishes to utilize the various municipal technologies for communications and/or information distribution.

K. Library Liaison. The Library Liaison shall have the primary responsibility for the following described activities and matters:

[Added 12-16-2021 by Ord. No. 18-21]

(1) Acting as liaison between the Council and the Kinnelon Public Library.

(2) Informing the Council about Library activities and events.

(3) Coordinating any construction, capital improvements or repairs to the Library building and infrastructure.

(4) Resolving any problems between the Library and the various departments within the Borough.

§ 13-7 Bills, claims and vouchers.

A. Bills, claims and vouchers should be paid in accordance with Borough Ordinance, Chapter 17, Claims Procedure. Any inconsistency between the bylaws as they relate to the payment of bills, claims or vouchers and Borough ordinances shall be decided in favor of the ordinance.

B. All bills and claims must be supported by a certification of the receipt of the goods, or the satisfactory rendering of the services, by the responsible person who accepts the same on behalf of the Borough and who may be held accountable therefor. Each such bill or claim shall then be carefully reviewed and checked by, or under the direction of, the Borough official who accomplished the administrative certificate on the voucher form.

[Amended 5-17-2012 by Ord. No. 11-12]

(1) All checked vouchers with supporting papers attached will then be presented to the Chief Financial Officer for review and approval.

(2) The Chief Financial Officer shall examine all vouchers and will indicate his/her approval on each such voucher. He/she shall submit a bills list to the Mayor and Council one week prior to the Mayor and Council meeting for authorization to pay the same.

C. Payment of approved vouchers in all cases shall be by check. The Borough, at its annual reorganization meeting, shall designate the individuals in addition to the Treasurer whose signature shall appear on the checks drawn on the treasury of the Borough. [N.J.S.A. 40A:5-17(b); N.J.A.C. 5:30-8.6.]

§ 13-8 Seal.

A. The Seal of the Borough shall be circular in form and shall contain the following: Borough of Kinnelon, Incorporated, Morris County, N.J. - 1922.[1]

[1] Editor's Note: See also Ch. 65, Seal.

B. The seal shall be in the custody of the Clerk and shall be impressed on all appropriate documents or papers.

§ 13-9 Amendments.

These bylaws may be amended only by a two-thirds vote of the Council, excluding the Mayor.