The Township Council shall consist of five members
who shall be elected at large by the voters of the Township at the
general election and shall serve for terms of four years, beginning
on the first day of January next following their election, except
that, pursuant to the Charter, of those elected to the first Council,
two members, one of whom shall be the Mayor, shall serve for four
years, and three members for two years. The length of term of the
respective members of the first Council shall be determined by lot
immediately after the organization of the Council next following their
election.
The compensation of each member of the Council
shall be as provided in the Township Salary Ordinance.[1]
[1]
Editor's Note: The Salary Ordinance is on
file in the Clerk's office.
All powers of the Township and the determination
of all matters of policy shall be vested in the Township Council,
except as otherwise provided by the Charter or general law, or this
chapter.
The Township Council shall act in all matters
as a body and shall deal with the administrative services of the Township
solely through the Township Manager. No Council member shall seek
individually to influence the official acts of the Township Manager,
or any other officer, or direct or request the appointment of any
person to, or his/her removal from office; or interfere in any way
with the performance by such officers of their duties. Nothing contained
herein shall prevent the Township Council from appointing committees
or commissions of its own members or of citizens to conduct investigations
into the conduct of any officer or department, or any other matter
relating to the welfare of the Township. The Council may delegate
to such committees or commissions such powers of inquiry as it may
deem necessary. Any Council member violating the provisions of this
section shall, upon conviction thereof in a court of competent jurisdiction,
be disqualified as a Council member.
A.
Regular business meetings. The Council shall meet
for reorganization on the first day of January after each general
municipal election, unless that day be a Sunday, in which case it
shall meet on the next succeeding day; otherwise, the Council shall
meet during the first week of January. The Council shall meet regularly
thereafter in accordance with a schedule to be adopted by resolution
at the first meeting held each January, or, as may be amended thereafter,
in accordance with N.J.S.A. 10:4-1 et seq. The Council may dispense
with or change the date and/or time of regular meetings. The Council
may set special or emergency meetings as needed.
B.
Executive workshop/agenda meetings. The Council shall,
after the first meeting of January of each year meet regularly thereafter
in accordance with a schedule to be adopted by resolution for the
preliminary study of municipal business and to plan for the agendas
of its regular business meetings. The Council may take official action
at executive workshop/agenda meetings (for example, vote upon a resolution
or upon the introduction or passage of an ordinance) but only if,
prior to taking such official action, a motion is passed by 2/3 of
the full Council allowing the same. The Council may dispense with
or change the date and/or time of an executive workshop/agenda meeting.
C.
Special meetings. A special meeting may be called
at any time upon request of a majority of the full Council or by the
Mayor. The request and call for a special meeting shall specify the
purpose of the meeting, and no business shall be transacted at any
special meeting other than that specified. The call for a special
meeting shall be filed with the Township Clerk and shall be served
by the Clerk upon each member of the Council at least 48 hours prior
to the time for which the meeting is called. Adequate notice, as defined
by N.J.S.A. 10:4-8 et seq., shall be provided to the public of every
special meeting. Upon the filing of any call for a special meeting,
the Clerk shall forthwith give notice thereof by telephone or in person
to each Council member, at such place as the Council member shall
have previously designated for that purpose, and shall also serve
or cause to be served a written copy of the call upon each Council
member by delivery of a copy to the Council member personally or by
leaving a copy at his usual place of abode. The Police Department
shall cooperate with the Clerk in effectuating such service of notice.
Members of the Township Council may waive notice of a special meeting
and participate in same notwithstanding that notice was not provided
them as set forth above as long as the provisions of N.J.S.A. 10:4-8(d),
are complied with.
D.
Emergency special meetings. Upon the affirmative vote
of 3/4 of the members present, the Township Council may hold a meeting
notwithstanding the failure to provide adequate notice as defined
by N.J.S.A. 10:4-8(d) if such meeting is required in order to deal
with matters of such urgency and importance that a delay for the purpose
of providing adequate notice would likely result in substantial harm
to the public interest and provided the other requirements of N.J.S.A.
10:4-9(b) are complied with. The meetings shall be limited to discussion
of and acting with respect to such matters of urgency and importance.
E.
F.
Conduct of meetings. Meetings of the Council shall,
except as herein otherwise provided, be conducted according to the
most recent edition of Robert's Rules of Order, revised. The Township
Attorney shall serve as parliamentarian for all such meetings.
G.
Quorum. A majority of the whole number of members
of the Council shall constitute a quorum. No ordinance shall be adopted
by the Township Council without the affirmative vote of a majority
of all the members of the Council. If a quorum is not present by 1/2
after the appointed time for any meeting, the presiding officer or
the Clerk may declare the meeting adjourned.
H.
Roll call votes; minutes. The vote upon every ordinance
and resolution, and upon every motion when requested, shall be taken
by roll call. The vote shall be "aye" or "nay," or words to that effect
of affirmative or negative by each member, and there shall be no further
discussion following the commencement of the roll call. The vote of
each member shall be entered on the minutes. Any member of the Council
may abstain from voting at any time. When the roll is called on any
question, the silence of a Council member who is present shall constitute
a negative vote, unless he or she states that he or she abstains,
in which event the abstention shall not count as a vote, "aye" or
"nay." The question shall be determined by a majority of those members
voting unless otherwise provided by law.
I.
Order of business and agenda. The below-referenced Subsections I(1), (2) and (3) setting the agenda for various Township meetings may be changed or amended from time to time by resolution of the governing body.
[Amended 4-21-2003 by Ord. No. O-03-13; 8-18-2003 by Ord. No. O-03-32]
(1)
Order of regular business meetings. The business of
Council at regular business meetings, and so far as applicable at
special meetings, shall be taken up for consideration and disposed
of in the following order:
(a)
Call to order by the Mayor.
(b)
Opening statement and roll call.
(c)
Executive session.
(d)
Pledge of Allegiance to the Flag.
(e)
Acceptance of minutes of previous meetings.
(f)
Reports of Township officials.
(g)
Hearing of citizens (limit 60 minutes).
(h)
Consent agenda items.
(k)
(Reserved workshop meeting).
(l)
Petitions and correspondence.
(m)
Meetings (set or to be set).
(n)
Adjournment.
(2)
Order of business of workshop sessions. The business
of Council at workshop meetings shall be disposed of in the following
order:
(a)
Call to order by Mayor.
(b)
Opening statement and roll call.
(c)
Executive session.
(d)
Pledge of Allegiance to the Flag.
(e)
Reports of Township officials.
(f)
Hearing of citizens (limit 60 minutes).
(g)
Unfinished business.
(h)
New business.
(i)
Discussion.
(j)
Petitions and correspondence.
(k)
Meetings (set or to be set).
(l)
Adjournment.
(3)
Council public participation meeting. The business
of Council at public participating meetings shall be disposed of in
the following order:
(4)
Agenda. The agenda for each regular business and executive
workshop/agenda meeting of the Township Council shall be prepared
by the Clerk and made available to the Council members at least 24
hours prior to the opening of the meeting, whenever practicable. Written
notice of changes in the agenda shall be made available to each Council
member prior to or at the time of convening a meeting. Except for
emergency matters which may be added at any time with the approval
of the Mayor, the agenda may include only such matters of Council
business as have been presented or delivered to the Clerk not later
than 48 hours prior to the start of the meeting, whenever practicable.
(5)
Consent agenda.
(a)
Items of business, excluding ordinances and as otherwise
provided by law, which the Township Council, at a pre-meeting conference
or executive workshop/agenda meeting, has determined to be routine
and which do not require discussion shall be included under a single
section of the agenda, known as the "consent agenda." Such items may
be adopted or approved, as the case may be, upon motion and approval
thereof, by a vote of simple majority of the Township Council members.
(b)
The consent agenda section of the meeting agenda shall
be preceded by an explanatory note substantially set forth as follows:
All matters listed under item consent agenda are considered routine
by the Township Council and will be enacted by one motion in the form
listed below. There will be no separate discussion of these items.
If discussion is desired on any item, that item will be considered
separately.
(6)
Reading of the minutes. The Clerk shall, insofar as
practicable, prepare and distribute to the Council members the minutes
of each meeting within 14 days after the preparation of said minutes.
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.
(7)
The presiding officer. The presiding officer of the
Council shall be the Mayor. The presiding officer shall preserve strict
order and decorum at all regular, executive and special meetings of
the Council. He/she shall state every question coming before the Council
and announce the decision of the Council on all matters coming before
it. The Mayor shall vote on all questions, his/her name being called
last.
(8)
Call to order; president pro tem. The Mayor shall
take the Chair at the hour appointed for the meeting and shall immediately
call the Council to order. In the absence of the Mayor, the Deputy
Mayor shall be the presiding officer. In the absence of the Mayor
and Deputy Mayor, the Clerk or his/her designee shall call the Council
to order. The Clerk shall then determine whether a quorum is present
and in that event shall call for the election of a temporary presiding
officer. Upon the arrival of the Mayor or Deputy Mayor, the temporary
presiding officer shall forthwith relinquish the Chair upon the conclusion
of the business immediately before Council.
(9)
Nominations and appointments. 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 Council of the whole. Where there
is a single office to be filled, the sense of the Council on the appointment
shall be taken as to each nominee in alphabetical order, and the first
nominee to receive a majority 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
on the Council as to the nominees included in the group.
(10)
Rules of debate.
(a)
Questions under consideration. When a question is
presented and seconded, it is under consideration and no motion shall
be received thereafter, except to adjourn, to lay on the table, to
postpone, or to amend, until the question is decided. These motions
shall have preference in the order in which they are mentioned, and
the first two shall be decided without debate.
(b)
As to the Mayor. The Mayor, or such other member of
the Council as may be presiding, may debate from the Chair, subject
only to such limitations of debate as are by these rules imposed upon
all members, and shall not be deprived of any of the rights and privileges
of the Council member by reason of his/her being the presiding officer.
(c)
Getting the floor. Improper references are to be avoided.
Every member desiring to speak for any purpose whatsoever shall address
the presiding officer, and upon recognition, shall confine himself/herself
to the question under debate, avoiding all personalities and indecorous
language. A member may only speak once on the same subject but may
speak to clear up a matter of fact or explain a material part of his/her
speech, except that a member after moving a question may once again
speak on the same subject.
(d)
Interruption. A member once recognized shall not be
interrupted when speaking unless it be to call him/her to order or
as herein otherwise provided. If a member while speaking be called
to order, he/she shall cease speaking until the question or order
be determined by the presiding officer, and if in order, he/she shall
be permitted to proceed. Any member may appeal to the Council from
the decision of the Chair upon a question of order, when without debate
the Chair shall submit to the Council the question, "Shall the decision
of the Chair be sustained?" and the Council shall decide by a majority
vote.
(e)
Privilege of closing debate. The Council member moving
the adoption of an ordinance or resolution shall have the privilege
of closing the debate.
(11)
Manner of addressing the Council. Each person addressing
the Council shall step up to the microphone, shall give his/her name
and address in an audible tone of voice for the record, and he/she
shall limit his/her statement to three minutes. All remarks shall
be addressed to the Council as a body and not to any individual person
thereof. No person, other than members of the Council and the person
having the floor, shall be permitted to enter into any discussion,
either directly or through a member of the Council, without the permission
of the presiding officer. No questions shall be asked a Council member
except through the presiding officer.
(12)
Decorum by Council members. While the Council is in
session, the members must preserve order and decorum, and a member
shall neither by conversation or otherwise except as herein provided
delay or interrupt the proceedings, the peace of the Council, disturb
any member while speaking or refuse to obey the orders of the Council
or its presiding officer.
(13)
Decorum by persons. Any person making impertinent
or slanderous remarks or who shall become boisterous while addressing
the Council shall forthwith be barred from further audience before
the Council by the presiding officer, unless permission to continue
or again address the Council be granted by the majority vote of the
Council.
(14)
Enforcement of decorum. The Chief of Police, or such
member or members of the Police Department as the Chief of Police
may designate, shall be the Sergeant at Arms of the Council meetings.
He/she or they shall carry out all orders and instructions given by
the presiding officer for the purpose of maintaining order and decorum
at the Council meetings.
(15)
Adjournment. A motion to adjourn shall always be in
order and decided without debate.
J.
Ordinances and resolutions.
(1)
Introduction. Ordinances may be introduced and adopted
by title. Every ordinance after introduction on first reading shall
be published in full, together with a notice as required by law, and
the publication shall be at least 10 days prior to the time fixed
for further consideration for second and final passage. At the time
and place so specified in such notice, all persons interested shall
be given an opportunity to be heard thereon.
(2)
Effective date. All ordinances shall take effect 20
days after final passage by the Council. Two-thirds of the Council
may, however, declare an emergency by written resolution to reduce
this twenty-day period, except that the twenty-day period for a bond
ordinance shall not be reduced.
K.
Reports and resolutions to be filed with Township
Clerk. All reports and resolutions shall be filed with the Township
Clerk and entered into the minutes.