[HISTORY: Adopted by the Mayor and Council
of the Borough of Madison 5-12-1952, as amended through 12-13-1993 by Res. No. R156-93. Subsequent amendments
noted where applicable.]
The deliberation of the Council shall be governed
by Roberts Rules of Order.
A.
The Mayor shall preside over the deliberations of
the Council, prepare the agenda therefor and conduct the meetings
thereof. He or she shall also participate in the determination of
Borough affairs to the extent permitted by statute. (See: N.J.S.A.
40:87-31 et seq. and N.J.S.A. 40:88-1.[1])
[1]
Editor's Note: N.J.S.A. 40:87-31 was repealed
by L. 1987, c. 379, § 1, effective January 1, 1988; see
now N.J.S.A. 40A:60-5. N.J.S.A. 40:88-1 was repealed by L. 1987, c.
379, § 1, effective January 1, 1988; see now N.J.S.A. 40A:60-3
and 40A:60-5.
B.
He or she shall on all occasions preserve the strictest
order and decorum, and he or she shall cause the removal of all persons
who interrupt the orderly proceedings of the Council.
C.
When two or more Council members shall rise at the
same time, he or she shall name the one entitled to the floor.
D.
He or she shall decide all questions of order without
debate, subject to an appeal to the Counsel, and he or she may call
upon the Counsel for the opinion of the Counsel upon any question
of order.
E.
He or she shall be an ex-officio member of all committees
and shall be informed in advance of all meetings of such committees.
F.
The Mayor shall serve as the liaison between the governing
body and all boards, committees, agencies or organizations except
as herein assigned to a specific Council member for liaison purposes,
and except that he or she shall serve as the liaison between the governing
body and the Trustees of the Hartley Dodge Memorial.
G.
In the absence of the Mayor, or if he or she is unable
to perform his or her duties, the Council President (or, in his or
her inability to act, the Council Member having the longest continuous
term as such) shall act as Mayor, as provided by statute. (See: N.J.S.A.
40:88-3.[2])
[2]
Editor's Note: N.J.S.A. 40:88-3 was repealed
by L.1987, c. 379, § 1, effective 1-1-1988; see now N.J.S.A.
40A:60-5.
H.
The Mayor shall submit to the Council the names of
all persons to be proposed for appointment to any board, body, agency
or committee and requiring the Council's confirmation at least 15
days prior to the date of the second regular public meeting of the
Council after the office becomes vacant. If the Mayor fails to submit
such nominee within said time period, or the Council fails to confirm
any nomination made by the Mayor, the Council shall make the appointment.
I.
The Council President is responsible for public relations from the
Council to the press.
[Added 1-12-2015 by Res. No. R39-2015]
B.
He or she shall keep the minutes and ordinance books
properly and fully indexed and shall perform all 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.
[Amended 1-12-2015 by Res. No. R39-2015]
The Borough Administrator shall perform such duties as are set forth in Chapter 4 of the Code of the Borough of Madison and as required by ordinance.
A.
The Council shall hold an annual reorganization meeting
within the first seven days of the New Year on a date determined by
the prior year's Council.
B.
At the aforesaid meeting, the Council shall by resolution
establish a schedule setting forth the time and place for holding
regular public meetings and work meetings during the ensuing year,
which schedule shall not be changed except by resolution. However,
the Mayor, with the consent of three Council members, shall have authority
to cancel any scheduled work meetings. Notice of the aforesaid meetings
schedule and any revision thereto shall be provided in accordance
with the Open Public Meetings Act.[1]
[Amended 1-12-2015 by Res. No. R39-2015]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
C.
At the annual meeting, the Council will elect one
of its members as Council President to serve for the calendar year.
(See: N.J.S.A. 40:88-2 and 40:88-3.[2])
[2]
Editor's Note: N.J.S.A. 40:88-2 and 40:88-3
were repealed by L.1987, c. 379, § 1, effective 1-1-1988;
see now N.J.S.A. 40A: 60-3 and 40A:60-5.
D.
The Mayor shall, when necessary, call special meetings
of the Council in accordance with the Open Public Meetings Act; in
case of his or her neglect or refusal, any four members of the Council
may call such meeting at such time and place in such Borough as they
may designate, and in all cases of special meetings, reasonable advance
notice, considered to be 48 hours, except in case of emergency, shall
be given in person to all members of the Council or left at their
place of residence. (See: N.J.S.A. 40:48-24.)
E.
A quorum shall be as provided by the Revised Statutes
of New Jersey, viz.: three Council members and the Mayor, and in the
absence of the Mayor, four Council members. (See N.J.S.A. 40:88-1.[3])
[3]
Editor's Note: Repealed by L.1987, c. 379,
§ 1, effective 1-1-1988; see now N.J.S.A. 40A:60-3 and 40A:60-5.
F.
If no quorum shall be present at any meeting, those
assembled shall have power and are hereby authorized to set a new
meeting date and then adjourn.
G.
Order of business. The following order of business
shall be followed at regular meetings of the Council:
[Amended 12-12-1994; 1-27-2003 by Res. No. 33-2003; 2-13-2012 by Res. No. R66-2012]
(1)
Call
to order.
(3)
Roll
call.
(4)
Agenda
review.
(5)
Reading
of closed session resolution certifying that items to be discussed
are authorized by law (if necessary).
(6)
Reconvene
with (all) members present.
(7)
Pledge
of Allegiance.
(8)
Approval
of minutes.
(9)
Greeting
to public.
(10)
Council Liaison reports and Borough business-related remarks.
(11)
Presentation of communications and petitions.
(12)
Invitation for comment by the public on items on the agenda or resolutions.
[Amended 1-3-2022 by Res.
No. R 36-2022]
(13)
Agenda discussions.
(14)
Advertised hearings.
(15)
Invitation for comment by the public.
[Amended 1-3-2022 by Res.
No. R 36-2022]
(16)
Introduction of ordinances.
(17)
Consent agenda resolutions.
(18)
Unfinished business.
(19)
Approval of vouchers.
(20)
New business.
H.
The aforesaid order of business at any such regular
meeting may be changed by a majority vote of the members of the Council
present at such meeting.
[Amended 12-12-1994; 1-27-2003 by Res. No. 33-2003]
I.
The Mayor shall prepare an agenda for all meetings
of the Council. Any Council member may add items to the agenda by
requesting, in writing, at least seven days, by 12:00 noon, prior
to the meeting. Any item may be added to the agenda of any work session
by vote of a majority of the Council members present during the session.
[Amended 1-27-2003 by Res. No. 33-2003; 2-13-2012 by Res. No. R66-2012]
J.
Except as otherwise required by the statutes or specifically
provided in these bylaws, all action of the Council shall be by a
majority vote of those present.
[Amended 1-27-2003 by Res. No. 33-2003]
K.
Upon demand of one member of the Council, or when
ordered by the Mayor, or when directed by statute, a roll call vote
shall be taken and the yeas and nays entered in the minutes of the
meeting.
[Amended 1-27-2003 by Res. No. 33-2003]
L.
Regular meetings shall be held on the second and fourth
Monday of each month. For the limited purposes as are set forth below,
a regular meeting may be held each Monday night of the year, except
on the third Monday of each month. On those Mondays which are national
or state holidays, the meeting shall be held on Wednesday night pursuant
to the New Jersey Open Public Meetings Act.[5]
[Amended 1-27-2003 by Res. No. 33-2003]
[5]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
M.
All Council meetings, including any closed sessions
that may be held, shall end by 11:00 p.m. unless a majority of the
Council agrees at or during a meeting to extend the meeting beyond
11:00 p.m. Council President shall motion and a vote shall be taken
to extend the meeting at 10:45 p.m.
[Amended 1-27-2003 by Res. No. 33-2003; 2-13-2012 by Res. No. R66-2012]
A.
In order to define areas of Council responsibility,
the municipal operations of the Borough of Madison shall be divided
as follows:
C.
The Council Chairpersons are appointed to expedite
and facilitate the work of the Council, but only within statutory
limits as the entire Council is held responsible for any and all of
its acts:
(1)
A Council Chairperson shall:
(a)
Coordinate, through the department head and
in conjunction with the Borough Administrator, Council policy within
his or her area of responsibility.
(b)
In conjunction with the Borough Administrator
and the department head, plan, study and review proposed budgets within
his or her area of responsibility.
[Amended 2-13-2012 by Res. No. R66-2012; 1-12-2015 by Res. No.
R39-2015]
(c)
In conjunction with the Borough Administrator
and the department head, plan, study and review proposed projects
within his or her own area of responsibility.
[Amended 2-13-2012 by Res. No. R66-2012; 1-12-2015 by Res. No.
R39-2015]
(d)
In conjunction with the Borough Administrator
and the department head, make reports and recommendations to the Council
regarding his or her area of responsibility.
[Amended 2-13-2012 by Res. No. R66-2012; 1-12-2015 by Res. No.
R39-2015]
(e)
In conjunction with the Borough Administrator,
department head and Borough Attorney, review draft resolutions and
ordinances and implement recommended action in his or her area of
responsibility.
[Amended 2-13-2012 by Res. No. R66-2012; 1-12-2015 by Res. No.
R39-2015]
(f)
Perform such acts as may be assigned to him
or her by the Council.
(2)
Except as provided above, a Council Chairperson shall
not:
(a)
Make promises or commitments to anyone which
directly or by inference tend to bind the Council.
(b)
Act in such a manner or make decisions which
set a precedent or violate established Council policy.
(c)
Conduct formal hearings or inquiries regarding
any Council area of responsibility unless specifically authorized
by a majority of Council present.
D.
In case of death, resignation, removal from office
or incapacity to serve of any Council Chairperson, the Mayor shall
name the successor Chairperson, subject to the approval of the Council.
The Mayor may, with the approval of a majority of the Council, change
existing assignments when it is in the best interests of the Borough
to do so.
E.
A Council Chairperson shall be prepared to report
to the Mayor and Council at each regular meeting on the activities
and achievements of his or her area of responsibility.
F.
The Council shall appoint two Council Members to serve
as Finance Chairperson or Vice Chairperson and Operations Chairperson
or Vice Chairperson of the Madison-Chatham Joint Meeting.
A.
The Finance Chairperson shall have responsibilities
for the following described activities and matters:
(1)
The Borough Clerk/Administration and his or her office.
[Amended 1-12-2015 by Res. No. R 39-2015]
(2)
The Finance Director and his or her office.
(3)
The Tax Assessor's office.
(4)
Library appropriations.
(5)
The Tax Collector's office.
(6)
Serve
as Finance Chairperson or Vice Chairperson of the Madison-Chatham
Joint Meeting, but the Finance Chairperson may designate the second
Council member appointed to Finance to serve as Finance Chairperson
or Vice Chairperson of the Madison-Chatham Joint Meeting.
[Added 2-13-2012 by Res. No. R66-2012]
(7)
Technology
Department and Communications and Technology Coordinator.
[Added 2-13-2012 by Res. No. R66-2012 amended 1-12-2015 by Res. No.
R39-2015; 12-19-2019 by Res. No. R350-2019]
(8)
The
Finance Chairperson shall serve as the backup representative of the
Joint Municipal Court Committee.
[Added 2-13-2012 by Res. No. R66-2012; amended 1-12-2015 by Res. No.
R39-2015]
(9)
Audit
Committee.
[Added 12-19-2019 by Res.
No. R 350-2019 ]
B.
Public Safety Chairperson.
(1)
The Public Safety Chairperson shall have responsibility
for the following described activities and matters:
(a)
The Police Department.
(b)
The Fire Department.
(c)
The Public Safety Chairperson shall serve as
an officer of the Joint Municipal Court Committee.
[Amended 2-13-2012 by Res. No. R66-2012; 1-12-2015 by Res. No.
R39-2015]
(d)
Office of Emergency Management.
[Added 1-12-2015 by Res. No. R39-2015]
(e)
Safety Committee.
[Added 12-19-2019 by Res.
No. R 350-2019]
(2)
He or she shall also serve as the liaison between
the Council and public transportation corporations or agencies and
all organizations or agencies concerned with public safety or juvenile
delinquency.
C.
Community Affairs Chairperson.
(1)
The Community Affairs Chairperson shall have responsibility
for the following described activities and matters:
D.
E.
The Public Works and Engineering Chairperson shall
have responsibility for the following described activities and matters:
[Amended 3-10-1997 by Res. No. 34-97; 2-13-2012 by Res. No.
R66-2012; 1-12-2015 by Res. No. R39-2015]
(1)
Public Works Department and Operations.
(2)
Planning and maintenance of shade trees, Shade Tree
Management Board.
[Added 2-19-2019 by Res. No. R 350-2019]
(3)
The Borough Engineer and Engineering Administrator
and their offices.
(4)
Parks Advisory Committee.
[Amended 12-19-2019 by Res. No. R 350-2019]
(5)
Sustainable Madison Advisory Committee.
[Amended 12-19-2019 by Res. No. R 350-2019]
(8)
Parks usage and planning.
(10)
Environmental Commission.
F.
The Utilities Department Chairperson shall have responsibility
for the following described activities and matters:
(1)
The water utility.
(2)
The electrical utility.
(3)
Serve as Operations Chairperson or Vice Chairperson
of the Madison-Chatham Joint Meeting, but the Utilities Chairperson
may designate the second Council member appointed to utilities to
serve as Utilities Chairperson or Vice Chairperson of the Madison-Chatham
Joint Meeting.
(4)
Member of the Utility Advisory Committee.
[Added 1-12-2015 by Res. No. R39-2015]
A.
Special Committees may be appointed by the Mayor from
time to time as the need arises. The appointment of these committees
is subject to the approval of Council and will include a Council member
acting as liaison.
[Amended 2-13-2012 by Res. No. R66-2012]
B.
The Mayor shall appoint all such committees and the
Chairpersons thereof, subject to the approval of the Council, and
shall be a member, ex-officio, of each such committee. In addition,
he or she shall see that all matters referred to the committees are
acted upon and reported promptly by the Chairperson to the Mayor and
Council.
[Amended 2-13-2012 by Res. No. R66-2012]
C.
In case of death, resignation, removal from office
or incapacity to serve of any Committee Chairperson, the Mayor shall
name the successor Chairperson, subject to the approval of the Council.
The Mayor may, with the approval of the majority of the Council, change
existing committee assignments and/or chairperson when it is in the
best interests of the Borough to do so.
D.
The Chairperson of each Special Committee shall report,
as the Mayor or Council may direct, to the Mayor and Council.
A.
All bills or claims against the Borough shall be paid in accordance with the provisions of Chapter 10 of the Code of the Borough of Madison.
B.
All bills or claims against the Borough shall be in
writing, fully itemized and on such forms as the Borough shall provide
for that purpose. As required by statute, the bills or claims shall
be sworn to by the claimant before submission for approval and payment.
C.
Procedure.
(1)
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 may be held accountable therefor, accepting
the same on behalf of the Borough. Each such bill or claim shall then
be carefully reviewed and checked by or under the direction of the
Borough official who accomplishes the administrative certificate on
the voucher form.
(2)
All checked vouchers with supporting papers attached
will be presented to the Council Committee Chairperson whose committee
has primary interest in the matter, who shall approve the payment
of the vouchers by signing a voucher register in a form prepared by
the Administrator of the Borough. If approved by the Chairperson having
jurisdiction over the activity or matter for which the expenditure
was incurred, it will be referred to the Council as a whole for its
approval by motion.
(3)
All vouchers recommended for payment shall be presented
to the Council by the Borough Clerk at a regular meeting or an adjourned
regular meeting for its approval by motion, which approval shall authorize
the payment of the vouchers concerned.
D.
The corresponding vouchers shall accompany all checks
drawn in payment thereof when said checks are presented to the Mayor,
the Collector-Treasurer and the Borough Clerk for signature.
E.
All bills, vouchers and paid checks shall be filed
in a safe place and shall be made available for public inspection
whenever requested.
A.
The Seal of the Borough shall be circular in form
and shall contain the following: In the center, a facsimile of a rose,
circumscribed by the wording "The Borough of Madison - Madison, N.J.,
Incorporated December 27, 1889."
B.
The seal shall be in the custody of the Clerk and
shall be impressed on all appropriate documents or papers.
[Amended 1-27-2003 by Res. No. 33-2003]
A.
The Mayor or any member of the Council may propose
amendments to these bylaws at any regular public session or adjourned
regular public session.
B.
The Mayor shall then appoint a Special Committee of
three members of the Council to consider the proposed amendments.
C.
The Special Committee will present its recommendations
at a regular public session of the Council.
D.
These bylaws shall only be altered or amended by a
two-thirds vote on a roll call at a regular public session or adjourned
regular public session of the Council.
The bylaws shall be adopted by a resolution
of the Council concurred in by a majority of the members of the Council.
The bylaws shall become effective immediately after adoption and shall
remain in effect for not longer than December 31st of the calendar
year in which the bylaws were adopted.
