Pursuant to N.J.S.A. 40:69A-36, the legislative
power of the Township shall be exercised by the Township Council,
except as may be otherwise provided by general law, subject to the
procedures set forth in this plan of government. Legislative powers
shall be exercised by ordinance, except for the exercise of those
powers that under this plan of government or general law do not require
action by the Mayor as a condition of approval for the exercise thereof
and may, therefore, be exercised by resolution, including, but not
limited to:
A.
The override of a veto of the Mayor.
B.
The exercise of advice and consent to the actions
of the Mayor.
C.
The conduct of a legislative inquiry or investigation.
D.
The expression of disapproval of the removal by the
Mayor of officers or employees.
E.
The removal of any municipal officer for cause.
F.
The adoption of rules for the Council.
G.
The establishment of times and places for Council
meetings.
H.
The establishment of the Council as a committee of
the whole and the delegation of any number of its members as an ad
hoc committee.
I.
The declaration of emergencies respecting the passage
of ordinances.
J.
The election, appointment, setting of salaries and
removal of officers and employees of the Council, subject to any pertinent
civil service requirements and any pertinent contractual obligations
and within the general limits of the municipal budget.
K.
The designation of official newspapers.
L.
The approval of contracts presented by the Mayor.
M.
The actions specified as resolutions in the Local
Budget Law (N.J.S.A. 40A:4-1 et seq.) and the Local Fiscal Affairs
Law (N.J.S.A. 40A:5-1 et seq.).
N.
The expression of Council policies or opinions which
require no formal action by the Mayor.
The Council has the general powers and duties
to:
A.
Adopt the annual budget of the Township and salary
ordinances establishing salaries for all department directors and
Township employees and elected officials as required.
B.
At the Council's discretion, separate and apart from
the required Township audit, cause to be made an annual audit of the
Township's accounts and financial transactions as required by law.
Such annual audit, if caused, shall be made by a registered municipal
accountant of the State of New Jersey appointed by the Council and
shall not be the same auditor as retained by the Township as the Township
Auditor.
[Amended 5-13-1996 by Ord. No. 96-10]
C.
Pursuant to N.J.S.A. 40:69A-37.1, deal with employees
of the Department of Administration and other administrative departments
solely through the Mayor or designee. All contact with the employees
and all actions and communications concerning the administration of
the government and the provision of municipal service shall be through
the Mayor or designee, except as otherwise provided by law. Nothing
in this section shall be construed to prohibit the Council's inquiry
into any act or problem of the administration of the Township. Any
Council member may at any time require a report on any aspect of the
government of the Township by making a written request to the Mayor
with copies to the Township Clerk and the other Council members. The
Mayor shall respond to such request within a reasonable period of
time, not to exceed 30 days without the written permission of the
requesting Council member, by providing a written report to such Council
member with copies to the Township Clerk and the other Council members.
The Mayor's written report shall restate the request made by such
Council member and shall be limited to answering the specific requests
made by the Council member. Nothing contained herein shall prohibit
the Mayor from delegating to staff and/or appropriate professionals
the research and preparation of answers for the Mayor to include in
the Mayor's report to the Council member. "Written" includes electronic
communications such as e-mail and attachments to e-mail.
[Amended 8-20-2012 by Res. No. 2012-R189A]
D.
Pursuant to N.J.S.A. 40:69A-37(b), remove, by at least 2/3
vote of the whole number of the Council, any Township officer other
than the Mayor or a member of the Council, for cause, upon notice
and an opportunity to be heard, unless otherwise provided by state
statutes.
E.
Require any municipal officer, in its discretion,
to prepare and submit sworn statements regarding said officer's official
duties and the performance thereof and otherwise to investigate the
conduct of any department, office or agency of the Township government.
The Council may, by a majority vote of the whole number of its members,
require the Mayor or designee to appear before Council, sitting as
a committee of the whole, and to bring before the Council those records
and reports and officials and employees of the Township as the Council
may determine necessary to ensure clarification of the matter under
study.
F.
At the Council's discretion, by a majority vote of
the whole number of its members, designate any number of its members
as an ad hoc committee to consult with the Mayor or designee to study
any matter and report to the Council President.
[Amended 5-13-1996 by Ord. No. 96-10]
H.
Adopt rules and regulations for conduct of business
at its annual organization meeting.
[Amended 4-19-1999 by Ord. No. 99-07]
I.
Establish, alter or abolish such committees, commissions
or agencies of the Township as permitted by law.
J.
At the Council's discretion, separate and apart from
Township mandated committees or commissions or agencies, create advisory
committees to assist it in its legislative function.
[Amended 5-13-1996 by Ord. No. 96-10]
K.
Reserve one business meeting in January for the Mayor
to present the State of the Township Address to the Council and to
the public.
[Added 5-13-1996 by Ord. No. 96-10]
[Amended 3-1-2010 by Ord. No. 2010-04[1]]
The Township Council shall consist of five members,
elected at-large by the voters of the Township at the regular nonpartisan
municipal election to be held at the time of the November general
election. The terms of the members of the Council shall be four years,
beginning on January 1 following such election. Accordingly, the terms
of the Council members holding office at the time of the adoption
of this section shall be extended until December 31 beyond the expiration
of their present term of office.
[1]
Editor’s Note: This ordinance stated it would be effective
1-1-2011 as provided by Chapter 196 of the Laws of 2009.
The Council, at its annual organizational meeting, to be held
on January 1 at 12:00 noon or at some other hour on any day during
the first week of January of each year, shall elect a President and
Vice President to serve for one-year terms and until the election
and qualification of their successors. If a vacancy occurs in the
position of President during the year, the Vice President will move
into the position and the Council will elect a member to fill the
position of Vice President for the reminder of the term. If a vacancy
occurs in the position of Vice President during the year, the Council
will elect a member to fill position for the remainder of the term.
In the absence of both President and Vice President of the Council,
the Council shall elect a temporary presiding officer, who shall have
the functions, powers and duties of the President during the President's
absence. Upon the arrival of the President or the Vice President,
as the case may be, the officer presiding shall relinquish the chair
immediately upon the conclusion of the particular item of business
before Council. At its annual organizational meeting, the Council
shall approve its rules of procedure and set forth the format of its
formal agenda.
[1]
Editor’s Note: This ordinance stated it would be effective
1-1-2011 as provided by Chapter 196 of the Laws of 2009.
Legislation powers shall be exercised by ordinance,
except for those powers that may be exercised by resolution or do
not require action of the Mayor as a condition of approval.
A.
All ordinances and/or resolutions shall be prepared
by the appropriate department director or by the Township Attorney
or reviewed by the Township Attorney upon direction of the Council
or Mayor. Each proposed ordinance or resolution requiring or permitting
administrative action may be submitted to the Business Administrator
and the director concerned, who shall, if required, provide the basis
for such ordinance/resolution to the Council.
B.
An ordinance or resolution may be introduced by any
member of the Council. Each ordinance and each resolution shall be
limited to a single subject, which shall be expressed in its title.
C.
All ordinances shall be introduced, read, heard and
enacted in the manner provided by general law. Each ordinance passed
by the Council shall within three calendar days be delivered by the
Township Clerk to the Mayor for approval or veto, and the Mayor shall
within 10 calendar days after receiving any ordinance either approve
the ordinance by signing it or return it to the Council by delivering
it to the Township Clerk, together with a statement setting forth
the Mayor's objections thereto or to any part thereof. Pursuant to
N.J.S.A. 40:69A-41, no ordinance or any item or part thereof shall
take effect without the Mayor's approval unless the Mayor fails to
return an ordinance to the Council within 10 days after it has been
presented to the Mayor or unless the Council, upon reconsideration
thereof on or after the third day following its return by the Mayor,
shall by a vote of 2/3 of the entire membership of the Council
resolve to override the Mayor's veto.
D.
Passage over veto. Whenever an ordinance has been
reconsidered by the Council following a veto by the Mayor, the Township
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 Council on the __________ day of __________________, ________,
was delivered to the Mayor on the _____ day of _______, ____, and
was returned to me on the ______ day of _________, ______, together
with the Mayor's statement of the reasons for which the Mayor was
constrained to withhold 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).
| |
|
__________________________
Township Clerk
|
E.
Ordinances not returned by Mayor. Whenever an ordinance
shall take effect without the Mayor's signature by reason of the Mayor's
failure to return it to the Council by filing it with the Township
Clerk within 10 days after it has been presented to the Mayor, the
Township Clerk shall append to such ordinance a certificate in substantially
the following form:
|
I HEREBY CERTIFY that the above ordinance adopted
by the Council on the __________ day of __________, _____, was presented
to the Mayor duly certified on the ________ day of ____________, _____,
and upon the Mayor's failure to sign it or return and file it with
the Township Clerk within the 10 days thereafter, the said ordinance
took effect in like manner as if the Mayor has signed it.
| |
|
__________________________
Township Clerk
|
F.
Filing of reports and resolutions. The Council shall
file with the Township Clerk all petitions, resolutions or other papers
considered by it on each matter. All reports to the Council and all
resolutions shall be filed with the Clerk.
A.
Council shall hold its regular meetings and work sessions
as per a resolution to be adopted at the annual organizational meeting,
but not less than one meeting per month. This resolution may be amended
or modified by subsequent resolutions duly adopted.
[Amended 12-16-2019 by Ord. No. 2019-37]
B.
Notice.
(1)
In conformity with the Open Public Meetings Act,[1] written notice of all meetings of the Council and every
other public body as defined in the Act shall be noticed at least
48 hours in advance, giving time, date, location and, to the extent
known, the agenda of any regular, special or rescheduled meeting.
Such notice shall accurately state whether formal action may or may
not be taken and shall be prominently posted on at least one place
reserved for such or similar announcements on a bulletin board in
the lobby of the Municipal Building and be mailed, telephoned, telegraphed
or hand-delivered to at least two newspapers designated by the Township
Council. Designated newspapers must publish often enough for the forty-eight-hour
notice to be given to members of the public. Copies of the notice
shall be filed with the Township Clerk.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
(2)
Where the Council announces annual notice of its regular
meetings, no further notice shall be required concerning such meetings.
Such notice shall be in accordance with the schedule of the regular
meetings of the Council to be held during the ensuing year, which
the Township Clerk shall prepare, post and submit within seven days
following the annual organizational meeting of the Council, or, if
there be no such organizational meeting in the year, then not later
than January 10 of such year, pursuant to the terms of the Open Public
Meetings Act, N.J.S.A. 10:4-6 et seq. The Township Clerk shall, whenever
a special meeting of the Council is called in accordance with the
law, issue and cause notices thereof to be served upon the members
of the Council, and other persons whose presence may be required,
pursuant to law.
[2]
Editor’s Note: This ordinance stated it would be effective
1-1-2011 as provided by Chapter 196 of the Laws of 2009.
C.
Emergencies. Upon the affirmative vote of 3/4
of the members present, the Council may hold a meeting, notwithstanding
the failure to provide adequate notice, if:
(1)
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 be likely to result in substantial harm to the
public interest.
(2)
The meeting is limited to discussion of and acting
with respect to such matters of urgency and importance.
(3)
Notice of such meeting is provided as soon as possible
following the calling of such meeting by posting written notice and
notifying the two newspapers by telephone, telegraph or personal delivery.
(4)
Either the Council could not reasonably have foreseen
the need for such meeting at a time when adequate notice could have
been provided or, although the public body could reasonably have foreseen
the need for such meeting at a time when adequate notice could have
been provided, it nevertheless failed to do so.
D.
Minutes. At the commencement of every meeting, the
person presiding shall announce publicly and shall cause to be entered
into the minutes an accurate statement to the effect that adequate
notice for the meeting has been provided or that notice was not provided,
in which case the reasons shall be stated. The Council shall keep
reasonably comprehensive minutes of its meetings, showing time and
place, the members present, subjects considered, actions taken and
the votes of each member.
E.
Quorum. A majority of the whole number of members
of the Council shall constitute a quorum, and no ordinance shall be
adopted by the Council without the affirmative vote of a majority
of the quorum of the Council. If a quorum is not present 1/2
hour after the appointed time for any meeting, the presiding officer
or the Township Clerk may declare the meeting adjourned.
F.
Roll call votes; minutes. The vote upon every motion,
resolution or ordinance shall, when requested, be taken by roll call,
and the yeas and nays shall be entered on the minutes. The minutes
of each meeting shall be signed by the Township Clerk.
H.
Requests for schedules. Any person may request that
the Council mail copies of any regular meeting schedule or revision
thereof, including notice of regular, special or rescheduled meetings.
The Council may pass a resolution to provide a reasonable prepayment
fee for this service. All requests for meeting schedules shall terminate
at 12:00 midnight, December 31 of each year, but shall be subject
to renewal upon request to the Council.
[4]
Editor’s Note: This ordinance stated it would be effective
1-1-2011 as provided by Chapter 196 of the Laws of 2009.
