[HISTORY: Adopted by the Township Committee of the Township of Delanco
10-5-1981 by Ord. No. 9-1981. Amendments noted where applicable.]
[Amended 6-6-1983 by Ord.
No. 4-1983[1]]
A.
The Township of Delanco was created as a separate legal
entity in June of 1924 by an act of the legislature. It is chartered as a
Township Committee form of government under N.J.S.A. 40A:63-1 et seq.
B.
The Township of Delanco provides governmental services
through a variety of either elected or appointed officials. Such personnel
hold their offices pursuant to a precise statutory scheme.
For the purposes of the Administrative Code and any other ordinances
which were heretofore or are hereafter adopted, except as the context may
otherwise require, the following conditions shall apply:
A.
The present tense includes the past and future tenses.
B.
The masculine gender includes the feminine and neuter.
C.
The singular number includes the plural and the plural,
the singular.
D.
The time within which an act is to be done shall be computed
by excluding the first and including the last day, and if the last day is
a Sunday or legal holiday, the day shall be excluded.
As used in this chapter, the following terms shall have the meanings
indicated:
The Township Administrator as appointed pursuant to Chapter 10, Art. I, § 10-2 of this Code and N.J.S.A. 40A:9-137 to administer the business affairs of the Township of Delanco and who possesses such additional powers and who shall perform such additional duties as the Township Committee shall from time to time specify.
[Added 6-6-1983 by Ord. No.
4-1983[2]]
The Township Committee form of government established and created
under an act of the legislature set forth in N.J.S.A. 40A:63-1, et seq., as
amended and supplemented, and any and all statutory provisions, administrative
rules and regulations or case law of the State of New Jersey as may be applicable
to the municipality.[3]
The Municipal Clerk appointed pursuant to the charter and this chapter.
[Amended 6-16-1983 by Ord.
No. 4-1983]
The local legislative body of the municipality constituted and elected
pursuant to the charter.
An organization unit of the municipal government established or designated
by or pursuant to the Administrative Code as a department.
The administrative head of a department.
The Municipal Committee as constituted under the charter of the Township
of Delanco.
Any agency or instrumentality of the municipal government which is
created by the Committee by ordinance not allocated or assigned within a department
or other agency.
A calendar month, unless otherwise specifically provided.
Any act of the governing body dealing with procedural or parliamentarian
matters not required to be reduced to writing, which may be finally passed
at the meeting at which it is introduced.
The Township of Delanco, within the County of Burlington, and State
of New Jersey, or any corporate successor thereof.
Any act or regulation heretofore or hereafter adopted by the governing
body required to be reduced to writing and read at more than one meeting thereof
and published.
Any corporation, firm, partnership, association, organization or
other entity as well as an individual.
Any act or regulation of the governing body required to be reduced
to writing but which may be finally passed at the meeting at which it is introduced.
Includes printing, typewriting and any other mode of communication
used on paper or similar material which is general use, as well as legible
handwriting.
A calendar year, unless otherwise specifically provided.
A.
Committee, Township; establishment, term, organization.
(1)
Creation. The Township Committee is hereby established
pursuant to N.J.S.A. 40A:63-2 and consists of five members elected at large
by the voters of the township in an election held on the first Tuesday in
November.
[Amended 1-19-1998 by Ord.
No. 1-1998; 10-1-2001 by Ord.
No. 10-2001]
(2)
Term. In accordance with N.J.S.A. 40A:63-3d(1), in the
first election of Committee members expanding the number of the Committee
to five, to take place on November 6, 2001, one of the new positions shall
be elected for a term of two years and one for a term of three years. Thereafter,
all terms shall be for a term of three years. Each member of the Committee
holds office for a three-year term staggered in their initial selection so
that annually only one member's term expires.
[Amended 10-1-2001 by Ord.
No. 10-2001]
(3)
Organization. The Township Committee pursuant to N.J.S.A.
40A:63-3 is required to hold an annual meeting (reorganization meeting) on
January 1 of each year or during the first seven days of January in any year.
During this meeting the Committee is to select one of its members as Chair
of the Committee, who is to preside at all of the meetings and who is known
as the Mayor. Except where otherwise provided by law, the Mayor shall have
no additional authority by virtue of such designation. The Township Committee
shall also at its annual meeting elect from among its members a Vice Chair,
who shall act and be known as the Deputy Mayor of the Township. In the absence,
disability or disqualification of the Mayor, the Deputy Mayor shall perform
all duties and responsibilities of the Mayor.
[Amended 1-19-1998 by Ord.
No. 1-1998]
B.
Powers and duties.
(1)
Governmental authority. The Township Committee is the
repository of all governmental authority granted to the Township of Delanco
by the legislature of the State of New Jersey.
(2)
Legislative powers. The Township Committee, as the legislative
branch of Township government, is the repository for all the Township's legislative
power subject to the right of certain independent boards to legislate. This
power shall be exercised through the passage of motions, resolutions and ordinances.
(3)
Executive power. The Township Committee, as the executive
branch of Township government, is the repository for all the Township's executive
power which is to be executed by the Mayor upon action by the Committee.
(4)
Powers and duties designated by Mayor. The Mayor in his
or her sole discretion may appoint committees from among members to review,
investigate and report on items of concern dealing with the government of
the Township of Delanco.
(5)
Financial control. Pursuant to N.J.S.A. 40A:4-1 et seq.
and N.J.S.A. 40A:5-1 et seq., the Committee shall exercise financial control
over the affairs of the Township. The Committee shall, by resolution, annually
act on the budget in accordance with the procedures set forth under N.J.S.A.
40A:4-1 et seq. The Committee shall, pursuant to N.J.S.A. 40A:5-17, approve
or disapprove all claims and by this chapter shall prescribe the manner in
which claims shall be recorded in the minutes of the Committee meetings or
be otherwise recorded in a manner approved by the Director of the Division
of Local Finance under N.J.S.A. 40A:5-18. Through the exercise of the duties
heretofore provided, or which may additionally be set forth by statute, the
Committee shall be directly responsible for the fiscal affairs of the Township.[1]
[1]
Editor's Note: Former Sec. 1D(8), Appointments, which immediately
followed this subsection, was deleted 1-19-1998 by Ord. No. 1-1998.
(6)
Investigatory power. Pursuant to N.J.S.A. 40:48-25, the
Committee shall have the power to investigate the operation of the Township
affairs in order to inform the Committee on how current legislation is operating,
what changes are called for in legislation and what new legislation is required.
The investigatory power is also to be used in exercising the financial control
function given to the Committee under N.J.S.A. 40A:4-1 et seq. and N.J.S.A.
40A:5-1 et seq.; further, the Committee, before removing a public officer,
may deem it appropriate to cause an investigation to occur using the power
heretofore recited.
(7)
Reports and appearances. In the furtherance of its other
powers, the Committee may require:
(a)
Reports. Any municipal officer to prepare either sworn
or unsworn statements regarding his or her official duties and the performance
thereof.
(b)
Appearance. Any municipal officer to appear before it
or any subcommittee of the Committee to report or answer questions concerning
conditions existing within the Township.
(8)
Removal of municipal officers.
(a)
The Township Committee may by a majority vote remove
any municipal officer, other than any member of the Township Committee, for
cause, upon notice and an opportunity to be heard. The term "cause" shall
include but not be limited to the following:
[1]
Neglect of duty.
[2]
Incompetency or inefficiency.
[3]
Incapacity due to mental or physical disability.
[4]
Insubordination or serious breach of discipline.
[5]
Intoxication while on duty.
[6]
Misuse or unauthorized use of authority.
[7]
Chronic or excessive absenteeism.
[8]
Failure to cooperate with superior or subordinate officers
or employees to the detriment of the overall operation of the Township government.
[9]
Disorderly or immoral conduct.
[10]
Willful violation of any of the provisions of any Township
ordinance, Township Charter, applicable state, federal or local administrative
rule or regulation.
[11]
The conviction of any criminal act or offense.
[12]
Lack of professional skill, discretion or attitude.
[13]
Negligence of or willful damage to public property or
waste of public supplies.
[14]
Conduct unbecoming an employee in the public service.
(b)
To initiate removal proceedings, the Township Committee
shall adopt a resolution of removal. The Committee will consider a resolution
to remove for cause only after removal has been fully proposed and considered
at an executive caucus, with the party to be removed having been given an
opportunity with his or her attorney to be present so that he or she is knowledgeable
of the charges against him. A resolution for removal shall set forth the alleged
cause for removal, making specific charges, and provide for notice and an
opportunity to be heard to the affected party. The Clerk shall forthwith cause
a copy of the resolution for removal, together with a statement of the causes
and charges involved and notice of the time and place fixed for hearing, to
be served personally or by registered mail upon the person affected. A hearing
shall be held not less than 10 days nor more than 15 days after the date of
such service, and may be adjourned from time to time. Such hearing shall be
open to the public, and the person charged shall be entitled to be represented
by his or her own counsel. Following the conclusion of the hearing, the Mayor
shall call for a vote on the resolution of removal. The above procedure is
subject to modification, or expansion to meet such different or additional
requirements as may be established by other laws or civil service regulations.
(9)
Removal of appointee. Despite contrary provisions elsewhere
herein contained and subject to prevailing provisions of state statutes and
charter, the appointing authority may remove any member of an independent
board or agency operating within the Township of Delanco where the appointing
authority determines that said member is in violation of N.J.S.A. 40A:9-12.1.
(10)
Temporary appointments to positions. Within Part I, Administrative
Legislation, of the Code of the Township of Delanco, there are established
a variety of positions appointed by various Township appointing authorities.
No appointment may be made without specific ordinance authorization for the
position. However, any appointing authority, provided that there are funds
available for the position, may by official action, whether it be by executive
order, directive or resolution, establish a temporary position, which position
shall be valid and capable of being temporarily filled if within 30 days the
Township Committee shall enact an appropriate legislation, the intent of which
is to establish the position to be filled.[2]
(11)
Vacancies. Should a vacancy occur in the position of
member of the Township Committee, it shall be filled in accordance with N.J.S.A.
40A:16-1 et seq.
(12)
Compensation. Members of the Township Committee shall
be compensated for their services in accordance with the Salary Ordinance
of the Township,[3] subject to the rights given the electorate under N.J.S.A. 40A:9-165.
[3]
Editor's Note: The current Salary Ordinance is on file in the office
of the Township Clerk.
C.
Meetings and procedures.
(1)
Meetings.
(a)
Regular meetings. Except for its organizational meeting
during the first week in January or when the specified date falls on a holiday,
the Township Committee can hold meetings on each Monday of the month. All
meetings shall begin at 7:30 p.m. The Township Committee shall annually set
the meeting dates by resolution. The Township Committee may, by resolution,
dispense with or change the date of a regular meeting, provided that not less
than one meeting shall be held in each month.[4]
(b)
Special meetings. The Mayor, upon the written request
of the majority of the members of Committee, shall call a special meeting
of the Committee. In the call, the Mayor shall designate the purpose of the
meeting, and no further business shall be considered, except upon written
request of a majority of the members of Committee. The call for the special
meeting shall be filed with the Township Clerk and served upon each member
of the Township Committee as hereinafter provided, at least 48 hours prior
to the time for which the meeting is called, except that the Mayor may determine
that an emergency exists affecting the health, safety or welfare of the people
which requires consideration by the Township Committee within a shorter time.
Upon such a determination, the facts supporting the emergency shall be set
forth in the call. The call may be filed with the Township Clerk any time
not less than three hours prior to the time set for the meeting. Upon filing
the call for special meeting, the Township Clerk shall forthwith give notice
thereof by telephone or telegraph to each Committee member at such place as
he or she shall have previously designated for that purpose and shall also
serve or cause to be served a written copy of the call to him or her personally
or by leaving at his or her usual place of abode. The Police Department shall
cooperate with the Township Clerk in effectuating such service of notice.
(c)
Executive caucus. Where it shall be deemed necessary
and in the interest of the Township of Delanco, the Mayor may call the Township
Committee into executive caucus. No official business of the Township shall
be conducted in an executive caucus. The Committee may not authorize or perform
any act which requires action by the Township Committee during said caucus.
Any action which is deemed necessary upon the conclusion of the executive
caucus shall be postponed until the next regular meeting or until a special
meeting is called for that purpose.
(2)
Rules of procedure.
(a)
Robert's Rules adopted. Except as may be otherwise provided
by the provisions of this subsection, Township ordinance, resolution, or motion,
or the provisions of state law, the rules of procedure to be followed by the
Township Committee in the conduct of its affairs shall be in accordance with
the latest revised editions of Robert's Rules of Order.
(b)
Amendment to the rules. Amendment to the rules of procedure
not required to be made by ordinance shall require the unanimous vote of the
whole number of the members of the Township Committee.
(c)
Open meetings. All regular and special meetings of the
Township Committee shall be open to the public.
(d)
Quorum. A majority of the whole number of the members
of the Township Committee shall constitute a quorum, but no ordinance shall
be adopted by the Committee without the affirmative vote of two members of
the Township Committee. If a quorum is not present 1/2 hour after the
appointed time for any meeting, the Township Clerk may declare the meeting
adjourned to a time certain or to the next regularly scheduled meeting of
the Committee.
(e)
Roll call votes. The vote upon every motion, resolution,
or ordinance shall be taken by roll call, and the "Yeas" and "Nays" shall
be entered in the minutes. The voting order on a roll call shall be based
upon a list maintained by the Township Clerk, which shall be established at
the organization meeting of the Township Committee. The order shall be determined
by seniority on the Committee, and, in the event that there is equal seniority,
by alphabetical order, provided that the Mayor, or in his or her absence the
Deputy Mayor, shall on all matters vote last.[5]
(f)
Minutes. The Municipal Clerk shall keep a journal of
all Committee proceedings and record the minutes of every meeting. All minutes
shall be reduced to written form and submitted to the Township Committee at
the next regularly scheduled meeting following the meeting for which the minutes
are made for approval by the Township Committee. Subsequent to approval by
the Township Committee, the minutes shall be signed by the Municipal Clerk
and shall be conclusive as to the proceedings conducted at the meeting for
which the minutes were taken.
(g)
Agenda. The agenda for each meeting of the Township shall
be prepared by the Township Clerk. Except for important or timely matters
which may be added to the agenda at any time with the unanimous consent of
those present of the Committee, the agenda for each meeting of the Township
Committee shall include only such matters of Committee business as may have
been presented or delivered to the Township Clerk seven days preceding the
meeting. As soon as the agenda of each meeting has been prepared, the Clerk
shall have a copy delivered to each Committee member, the Township Attorney,
the Township Engineer and any department director affected by any business
to be discussed. The Municipal Clerk shall promptly distribute copies to the
press and interested citizens upon request. A copy of each agenda shall be
posted on the bulletin board of the Municipal Building three days prior to
the meeting thereof. The business of the Committee at each regular meeting
shall be taken up for consideration and disposition as set forth on the agenda.[6]
(h)
Rules of debate.
[1]
Mayor may debate and vote. The Mayor may vote and debate
on questions before the Committee while acting as its presiding officer; he
or she may move or second any proposition.
[2]
Getting the floor; improper references to be avoided.
Every member desiring to speak shall address the Chair and, upon recognition
by the Mayor, shall confine himself to the question under debate, avoiding
all personalities and indecorous language.
[3]
Interruptions. A member, once recognized, shall not be
interrupted when speaking unless it is to call him or her to order, or as
herein otherwise provided. If a member, while speaking, is called to order,
he or she shall cease speaking until the question of order is determined and
in order, and he or she shall be permitted to proceed.
[4]
Motion to reconsider. A motion to reconsider any action
taken by Committee may be made only on the date such action was taken. It
may be made either immediately during the same session, or at a recessed or
adjourned session thereof. Such a motion must be made by a member on the prevailing
side of the issue, but may be seconded by any member, and may be made at any
time and have precedence over all other motions or the right of another member
to the floor. This motion shall be debatable. Nothing herein contained shall
be construed to prevent any member of the Committee from making or remaking
the same or any other motion at a subsequent meeting of the Committee.
[5]
Remarks of Committee Person; when entered in minutes.
A Committee Person may request, through the Mayor, the privilege of having
an abstract of his or her statement on any subject under consideration by
the Committee entered in the minutes. If the Committee consents thereto, such
a statement shall be entered in the minutes.
[6]
Synopsis of debate; when entered in minutes. The Clerk
may be directed by the Mayor, with the consent of the Committee, to enter
in the minutes a synopsis of the discussion on any question coming before
the Committee.
[7]
Motion to adjourn. A motion to adjourn shall always be
in order and shall be decided without debate.
[9]
Enforcement of decorum. The Mayor may request the Police
Department to designate a police officer to serve as sergeant-at-arms at Committee
meetings. He or she shall carry out all orders and instructions given by the
Mayor for the purpose of maintaining order and decorum at Committee meetings,
and it shall be his or her duty to place any person under arrest who violates
the order and decorum of a meeting and to cause him or her to be prosecuted
under the provisions of disorderly person act upon the complaint of the Mayor.
[10]
Abstention. When a Committee Person abstains from voting
on a matter before the Committee, his or her response shall neither be included
with the "ayes" or the "nays." his or her presence shall be noted but not
counted in the determination of the number of votes needed to carry a proposition.
[11]
Passing. If a Committee Person, upon a roll call, passes,
the Clerk shall continue with the roll call of all other Committee members.
Upon finishing the roll call, the Clerk shall proceed to again call the names
of those Committee members who have passed in the order that their names appeared
on the initial roll call. In the event that a Committee member shall pass
upon the second call of his or her name, his or her vote shall be entered
with the "nayes."
[12]
Call of a question. Any member may call a question presently
before the Committee, whereupon the Mayor shall inquire whether any other
member opposes the call. In the event that there is no opposition, the Clerk
shall proceed to a roll call vote on the matter before the Committee. In the
event that a member opposes a roll call, the Mayor shall treat the inquiry
as a motion to close debate.
[13]
Motions to close or continue debate. A motion to close
or continue debate shall be a priority motion, which shall be voted on immediately
when raised. Neither motion is debatable. A motion to continue debate which
is defeated closes debate; a motion to close debate which is defeated continues
debate. Either motion requires the affirmative vote of two members to succeed.
[14]
Voting. In taking a roll call, the Clerk shall treat
as silence a response other than "aye," "nay," "abstain," "not voting" or
"pass."
(i)
Public participation. The public has a right to participate
in all meetings of the Committee except executive caucuses. This right, however,
is restricted to those portions of the agenda where public questioning is
permitted unless the Mayor as an exercise of his or her prerogatives shall
yield the floor to the public. In so doing, he or she may set any reasonable
conditions as he or she in his or her sole discretion may deem appropriate
to ensure that proper decorum is maintained. Nothing heretofore withstanding,
no public participation may be permitted once an issue is the subject of a
motion before the Committee.
D.
Ordinances, resolutions and motions.
(1)
Preparation. All ordinances shall be prepared upon direction
of a Committee member. Ordinances, resolutions and motions may be prepared
by the Township Solicitor upon the direction of the Committee, or may be prepared
by any Committee member, the Administrator or the Clerk. Motions shall be
confined to procedural matters and shall not deal with substantive matters
of regulations. All ordinances and resolutions shall be in written form. Motions
may either be written or oral in their form.
[Amended 6-6-1983 by Ord.
No. 4-1983[8]]
(2)
At least seven days prior to introduction, each proposed
ordinance or resolution requiring or permitting administrative action shall
be submitted to the Township Administrator, who may submit to the Committee
an opinion, either in written or oral form, as to the administrative implications
of the proposed ordinance or resolution. In the event that no opinion is received
by the date set for final consideration, then the ordinance or resolution
shall be deemed approved by the Township Administrator.
[Amended 6-6-1983 by Ord.
No. 4-1983[9]]
(3)
Introduction.
(a)
Where the consideration of any ordinance, resolution,
or motion is upon the agenda, any such ordinance, resolution, or motion may
be introduced by any member. Such ordinance and resolution shall be limited
to a single subject which shall be expressed in its title, or which may be
readily ascertainable by its context.
(b)
Ordinances and resolutions shall be introduced and read
by title. Motions shall be read in their entirety.
(4)
Enactment clause. All ordinances shall be enacted with
the following clause: "Be It Ordained and Enacted By the Township Committee
of the Township of Delanco, County of Burlington and State of New Jersey."
(5)
Numbering. All ordinances and resolutions shall be numbered
prior to introduction indicating the year of adoption, the number of the ordinance
in sequence of ordinances adopted in any year, and a letter designating the
ordinance first, second or subsequent draft thereof.
(6)
Passage. Except as may be otherwise provided by law for
ordinances dealing with specific subject matters, all ordinances, after having
been introduced and passed upon first reading, shall be published at least
once in the official newspaper of the Township, together with a notice of
introduction thereof and the time and place, when and where, it will be further
considered for final passage. There shall be at least one publication of said
ordinance which shall occur at least one week prior to the time fixed for
further consideration and final passage. Said publication shall be in full.
Prior to the second reading of the proposed ordinance, the Clerk shall post
upon the bulletin board maintained within the Township a full copy of said
ordinance and shall make available to the general public copies of said ordinance.
At the time set for final passage, or any adjournment thereof, any persons
interested shall be given an opportunity to be heard concerning the ordinance.
Final passage of any such ordinance shall be at least 10 days after introduction.
Reading of the ordinance at the meeting set for final passage shall be by
title, and any member may move for adoption of said ordinance.[10]
(7)
Effect. All ordinances, except as otherwise required
by law, shall take effect upon publication of a notice of adoption in the
legal newspaper of the Township by the Township Clerk after passage by the
Committee. This notice shall contain the title of the ordinance and a brief
statement of its passage.
