[HISTORY: Adopted by the Mayor and Council of the Borough of Maywood 12-17-1997
by Ord. No. 33-97. Amendments noted where applicable.]
A.
The Borough of Maywood, in the County of Bergen, and
the boundaries thereof, as heretofore constituted and established, shall be
and remain as heretofore established by law.
B.
The Borough of Maywood shall be governed by the laws
pertaining to the Borough form of government and shall have full power to
sue and be sued and have a corporate seal.
A.
The Mayor shall be elected by voters of the Borough of
Maywood at large and serve for a term of four years and until his successor
shall have qualified.
B.
The Council shall consist of six members, elected at
large, and shall serve for a term of three years and until their successors
shall have qualified. The terms shall be arranged, by lot if necessary, so
that the terms of two Council members shall expire at the end of each year.
C.
There shall be held annually, at the time provided by
law for holding general elections, an election for Borough office.
A.
The Mayor and Council shall hold an annual meeting on
the first day of January at 12:00 noon, or during the first seven days of
January in any year.
B.
At its annual meeting, the Council shall, by the vote
of a majority of its number, elect a President of the Council, who shall preside
at all its meetings when the Mayor does not preside. The President of the
Council shall hold office for one year and until the next annual meeting.
The President shall have the right to debate and vote on all questions before
Council. If the Council fails to elect a President at the annual meeting,
the Mayor shall appoint the President from the Council and, in that case,
no confirmation by the Council shall be necessary.
C.
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 his 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.
D.
Three Councilmen and the Mayor or, in the absence of
the Mayor, four Councilmen shall constitute a quorum for transacting business.
E.
The Council may, at its annual meeting, establish for
its members such committees of the Council as will assist it for the ensuing
year.
F.
The Council shall hold such other meetings, at such time
and place as it may by resolution direct, but all regular meetings shall be
held within the Borough.
G.
The Mayor shall, when necessary, call special meetings
of the Council. In case of his neglect or refusal, any four members of the
Council may call such meeting at such time and place in the Borough as they
may designate, and in all cases of special meetings, notice shall be given
to all the members of the Council, or left at their places of residence.
The Borough of Maywood shall be governed by the Borough form of government
pursuant to the provisions of N.J.S.A. 40A:60-1 et seq., and shall, subject
to the provisions of said Act or the general law, have full power to exercise
all powers of local government in such manner as the Council may determine.
A.
The Mayor shall be the head of the municipal government.
B.
The Mayor shall have all those powers designated by general
law.
C.
The Mayor shall preside at meetings of the Council and
may vote to break a tie.
D.
Every ordinance adopted by the Council shall, within
five days after its passage, Sundays excepted, be presented to the Mayor by
the Borough Clerk. The Mayor shall, within 10 days after receiving the ordinance,
Sundays excepted, either approve the ordinance by affixing his signature thereto
or return it to the Council by delivering it to the Clerk together with a
statement setting forth his objections thereto or any item or part thereof.
No ordinance or any item or part thereof shall take effect without the Mayor's
approval, unless the Mayor fails to return the ordinance to the Council, as
prescribed above, or unless the Council, upon consideration of the ordinance
following its return, shall, by a vote of 2/3 of all the members of Council,
resolve to override the veto.
[Amended 4-14-1998 by Ord. No. 5-98]
E.
No ordinance shall be passed, or appointment of any subordinate
officer of the Borough be confirmed, except by a vote of a majority of the
members of the Council present at the meeting, provided that at least three
affirmative votes shall be required for such purpose, the Mayor voting only
in the case of a tie.
F.
If any ordinance contains more than one distinct section,
clause or item, the Mayor may approve one or more thereof and veto the rest.
G.
The Mayor shall nominate and, with the advice and consent
of Council, appoint all subordinate officers of the Borough, unless the specific
terms of the general law clearly require a different appointment procedure.
He shall make his nomination to any such office within 30 days of that office
becoming vacant.
H.
The Mayor shall see to it that the laws of the state
and the ordinances of the Borough are faithfully executed. He shall recommend
to the Council such measures as he may deem necessary or expedient for the
welfare of the Borough. He shall maintain peace and good order and have the
power to suppress all riots and tumultuous assemblies in the Borough.
A.
The Council shall be the legislative body of the municipality.
B.
The Council may, subject to general law and the provisions
of this act:
(1)
Pass, adopt, amend and repeal any ordinance or, where
permitted, any resolution for any purpose required for the government of the
municipality or for the accomplishment of any public purpose for which the
municipality is authorized to act under general law;
(2)
Control and regulate the finances of the municipality
and raise money by borrowing or taxation;
(3)
Create such offices and positions as it may deem necessary. The officers appointed thereto shall perform the duties required by law and the ordinances of the Council. Other than the Borough Attorney, Engineer and Building Inspector, these officers shall be residents of the Borough and shall serve at the pleasure of the Council, except the clerk, who also shall be exempt from the Borough residency requirement; the Tax Collector and Tax Assessor, who shall serve for terms as provided in Chapter 9 of Title 40A of the New Jersey Statutes. The Council may exempt officers from the residency requirements but only pursuant to the adoption of an ordinance to that effect;
(4)
Investigate any activity of the municipality;
(5)
Remove any officer of the municipality, other than those
officers excepted by law, for cause; and
(6)
Override a veto of the Mayor by a 2/3 majority of all
the members of the Council;
C.
The Council shall have all the executive responsibilities
of the municipality not placed, by general law or this Act, in the Office
of the Mayor.
D.
The Council, whenever it fails to confirm the nomination
by the Mayor of any official to a subordinate office of the Borough within
30 days of being presented such nomination, shall make the appointment to
that office, provided that at least three affirmative votes shall be required
for such purpose, the Mayor to have no vote thereon except in the case of
a tie.