All legislative power of the Township shall
be exercised by the Township Council pursuant to the Charter and the
general provisions of law.
[Amended 9-3-2019 by Ord. No. 2019-19]
The Township Council shall organize during the
first week of January. Until a President of Council is selected by
the new Council, the President of Council of the preceding year shall
act in that capacity. In the event that the preceding President of
Council is no longer a member of the Township Council, the member
of Council at large whose first initial of his or her last name is
first in the alphabet will act as the temporary presiding officer
of the organization meeting. Subsequent to the qualification of newly
elected members of the Township Council, the Council, from among its
members, shall select a President of Council. Subsequent to his or
her election, the President of Council shall proceed to act as presiding
officer of the organization meeting. The agenda for the organization
meeting shall consist of the appointments of all members of committees
of the Council, followed by all appointments which are to be made
by the Council. After the above referred to appointments have been
made, the Council shall next consider such general resolutions or
ordinances determining items of general concern as are normally resolved
at an organization meeting.
A.
Term. The President of Council shall hold this office
for a term of one year or until his or her successor is appointed
and qualified.
B.
Compensation. The President of Council shall receive
such compensation as the Council shall fix and determine by ordinance.
C.
Duties and powers.
(1)
Presiding officer. The President of Council shall
preside at all meetings of the Council.
(2)
Parliamentary questions. The President of Council,
as the Council's presiding officer, shall be the chief parliamentary
officer of Council, and in the event of a dispute, shall refer the
dispute to the Law Department. The President of Council shall have
the responsibility to state every question coming before the Council,
announce the decisions of Council and determine the order of the matters
to be considered by Council.
(3)
Vote. The President of Council may vote on all questions
coming before Council; however, his or her name shall be called last
upon a roll call vote.
(4)
Appointment of Council committees. The President of
Council shall appoint all standing and special committees within Council,
with the advice and consent of Council.
(5)
Execution of documents. The President of Council,
or Vice President in his or her absence, shall sign all ordinances
and resolutions adopted by the Council.
(6)
Decorum. The President of Council shall be responsible
for the preservation of order and decorum at all meetings of Council.
(7)
Other duties. The President of Council shall perform
such other duties as Council shall determine by resolution.
A.
Election. The Township Council, at its organization
meeting, shall elect a Vice President of Council from among its members.
B.
Term. The Vice President of Council shall hold this
office for a term of one year or until a successor is appointed and
qualified.
C.
Compensation. The Vice President of Council shall
receive no additional compensation by virtue of his or her position
as Vice President of Council.
D.
Duties and powers. The Vice President of Council shall
have all the duties and powers of the President of Council in the
event of the absence of the President of Council.
A.
General organization. The Township Council shall be
composed of five elected members who, through the performance of their
various duties and the exercise of their various powers, shall operate
the legislative branch of the Township government.
B.
Election and term. Members of the Council shall be
elected at a general election for a term of four years to begin on
the first day of July next following their election, except as may
be provided by the provisions of N.J.S.A. 40:69A-34.3. Council shall
consist of one Council member elected from each of the three wards
of the Township and two Council members to be elected at large. Members
of Council shall be elected as provided by law.[1]
C.
Qualifications. All members of Council shall reside
within the Township. Removal from the Township shall terminate a Council
member's term of office. In addition, a member of Council elected
from any particular ward shall reside within that ward, and removal
from that ward shall terminate his or her term of office.
D.
Compensation. The members of Council shall be paid
in accordance with the salary schedule of the Township.
F.
Recall or removal. Except for violations of the provisions
of N.J.S.A. 40:69A-163 through 40:69A-165, a person elected to the
Council can be removed from office only through use of the provisions
for recall outlined in N.J.S.A. 40:69A-168 et seq.
A.
Meetings. Each Council member shall have the duty
of attending all regular and special meetings of the Council, except
where good cause is shown.
B.
Legislative power. The Council has the duty to pass, by motion, resolution or ordinance, general and special legislation to enact programs and policies to be determined by the Council as a body to be appropriate for the operation and progress of the Township. With regard to ordinances, the Council shall follow the procedures set forth in § 20-17.
C.
Supervision and investigation. In order to properly
carry forth a legislative program, the Council shall possess general
supervisory and investigatory powers to ensure that conditions existing
either within the Township government or within the Township at large
are identified and programs necessary to correct such conditions are
instituted. In this regard, Council shall have the following enumerated
powers:
(1)
Report. The Council may require any Township officer,
in its discretion, to prepare and submit sworn statements regarding
his or her official duties and the performance thereof, and to investigate
conduct of any department, office or agency of the Township government
pursuant to the provisions of N.J.S.A. 40:69A-37(a).
(2)
Removal. The Council may remove any Township officer,
other than the Mayor or any member of Council, for cause, upon notice
and an opportunity to be heard pursuant to the provisions of N.J.S.A.
40:69A-37(b).
D.
Financial control. The Council, through the exercise
of its discretion with regard to the budget prepared and presented
by the Mayor, shall exercise financial control over Township expenditures
in addition to the systems outlined under N.J.S.A. 40:69A-47 and 40:69A-48.
The Council shall provide for systems and procedures to ensure that
proper financial management shall exist within the Township. In the
exercise of this duty, the Council may periodically investigate aspects
of the Township government to determine whether proper financial management
has occurred.
E.
Appointments.
(1)
Nominations by the Mayor. The Council, with due diligence,
shall offer its advice and consent to the nominations of the Mayor
where such consent and advice is required by provisions of Township
ordinance, state law or Township Charter. In the event that the Council
has not confirmed or rejected a nominee suggested by the Mayor within
30 days from submission, at a regular Council meeting, of the nominee
by the Mayor, such nomination shall be deemed rejected. The Council,
in the exercise of its investigatory powers, may cause any nominee
to appear before the Council and ask questions concerning his or her
general qualifications for the position for which he or she has been
nominated. Nothing herein contained shall be deemed to prevent the
Mayor from resubmitting the same nominee on several occasions to the
Council.
(3)
Board of Assessors. The Council shall appoint, pursuant
to the provisions of N.J.S.A. 40:56-21, the members of the Board of
Assessors.
(4)
Zoning Board of Adjustment. The Council, pursuant
to the provisions of N.J.S.A. 40:55D-69, shall appoint all members
of the Zoning Board of Adjustment. There shall also be two alternate
members of the Zoning Board of Adjustment, to be appointed by Council,
who shall be designated by the Chairperson of the Zoning Board of
Adjustment as Alternate No. 1 and Alternate No. 2. Such alternate
members shall serve in rotation during the absence or disqualification
of any regular member or members. Such alternates shall have the power
of discussion but no vote, except where they are serving in the absence
or disqualification of any regular member or members.[2]
(5)
Sewerage Authority. The Council, pursuant to N.J.S.A.
40:14A-4(a), shall appoint all members of the Sewerage Authority.
(6)
Township Auditor. The Council, pursuant to N.J.S.A.
40A:5-4, shall appoint the Township Auditor for a one-year term.
(7)
Township Clerk. The Council, pursuant to N.J.S.A.
40:69A-38, shall appoint the Township Clerk.
(8)
Others. Where the provisions of state law, Township
ordinance or Township Charter shall provide for the filling of any
appointment by the Township Council, Council, in exercise of its discretion,
shall promptly fill such position.
A.
Meetings of Council.
(1)
Regular meetings. Except for its reorganizational
meeting during the first week of July each year, the Council shall
meet regularly at the Township municipal building, on such dates and
times as established by the Council by resolution, except that when
such days fall on a holiday, the regular meeting shall be held on
such date as Council shall determine and publicly advertise.
(2)
Special meetings. The Mayor may, or upon the written
request of the majority of the members of Council shall, call a special
meeting of the Council. In the call, the Mayor shall designate the
purpose of the meeting, and no further business shall be considered,
except upon the written request of a majority of the members of Council.
The call for a special meeting shall be filed with the Township Clerk
and served upon each member of the Council, as hereinafter provided,
at least 24 hours prior to the time for which the meeting is called,
provided that the Mayor may determine that an emergency exists affecting
the health, safety or welfare of the people which requires consideration
by the Council within a shorter time. Upon such a determination, the
facts supporting the emergency shall be set forth in the call. The
call shall 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 a special meeting, the Township Clerk shall forthwith give
notice thereof by telephone or telegraph to each Council 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 upon each committee member by delivery of a copy 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. Upon receipt of waiver of notice from all
members of the Council, a special meeting may be held without prior
notice notwithstanding the above provisions of this section.
(3)
Executive caucus. Where it shall be deemed necessary
and in the interest of the Township, the President of Council may
call the Council into executive caucus. No official business of the
Council shall be conducted in an executive caucus. The Council may
not authorize or perform any act which requires action by the Council
during such caucus.
B.
Rules of procedure.
(1)
Roberts Rules adopted. Except as may be otherwise
provided by the provisions of this section, Township ordinance, resolution
or motion, or the provisions of state law, the rules or procedure
to be followed by the Council in the conduct of its affairs shall
be in accordance with the latest revised edition of Roberts Rules
of Order.
(2)
Amendment to the rules. Amendment to the rules of
procedure shall require the four-fifths majority vote of the whole
number of the members of the Council.
(3)
Open meetings. All regular and special meetings of
the Council shall be open to the public.
(4)
Quorum. A majority of the whole number of the members
of the Council shall constitute a quorum, but no ordinance shall be
adopted by the Council without the affirmative vote of a majority
vote of a majority of all the members of Council. If a majority of
quorum is not present one-half hour after the appointed time for any
meeting, the President of Council or, in his or her absence, the Vice
President of Council may declare the meeting adjourned to a time certain
or the next regularly schedule meeting of the Council.
(5)
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 on the minutes. Voting on roll call shall be based upon
a roll call maintained by the Township Clerk and it shall be established
at the organization meeting of the Council. The order of the roll
shall be determined by seniority on the Council; and in the event
that there is equal seniority, by alphabetical order, except that
the President of Council and the Vice President of Council shall vote
last.
(6)
Minutes. The Township Clerk shall keep a journal of
all Council procedures and record the minutes of every meeting. All
the minutes shall be reduced to written form and submitted to the
Council at least one week prior to the next regular meeting. Subsequent
to approval by the Council at the next regular or special Township
meeting, the minutes shall be signed by the President of Council,
or the Vice President if the Vice President was presiding, and, along
with the sound recordings of the meeting, shall be conclusive as to
the proceedings conducted at the meeting for which the minutes were
taken. Copies of approved minutes shall be forwarded by the Clerk
to the Auditor, Solicitor, Engineer and all department heads, and
additionally a copy shall be posted on the bulletin board of the Township.
(7)
Agenda. The agenda for each meeting of the Council 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 approval of the majority of Council members present, the agenda for each meeting of Council shall include only such matter of Council business as has been presented or delivered to the Township or to the Township Clerk three days preceding the meeting. As soon as the agenda of each meeting has been prepared, the Township Clerk shall have delivered a copy of the agenda to each Council member, the Mayor, the Business Administrator and any department head affected by any business to be discussed. Copies of the agenda shall be promptly mailed by the Township Clerk to the Township Solicitor, the Township Engineer, the Township Auditor and any department head affected by any business to be discussed. Copies of each proposed ordinance and resolution shall also be distributed as set forth in § 20-17B, along with the agenda. The Township Clerk shall promptly distribute copies to the press and interested citizens in accordance with the provisions of N.J.S.A. 10-4.8 and 10-4.9. A copy of each agenda shall be posted on the bulletin board of the municipal building three days prior to the meeting thereof. As set forth on the agenda, the business of the Council at each regular meeting shall be taken up for consideration and disposition in the following order:
(a)
Call to order and roll call to determine call.
(b)
Flag salute.
(c)
The acceptance of minutes.
(d)
Acceptance of bids or awarding of contracts.
(e)
Ordinances, second reading.
(f)
Ordinances, first reading.
(g)
Resolutions.
(h)
Motions.
(i)
Reports of officials other than Mayor.
(j)
Mayor's announcements.
(k)
Reports of Engineer and Solicitor.
(l)
Reports of Council members or Council committees.
(m)
Correspondence.
(n)
Public portion of meeting.
(o)
Motion for adjournment.
(8)
Rules of debate.
(a)
Debate and vote by presiding officer. The President
or such other member of the Council as may be presiding may move,
second and debate from the chair, subject only to such limitations
of debate as are imposed by these rules on all members, and shall
not be deprived of any of the rights and privileges of a Council member
by reason of his or her acting as the presiding officer.
(b)
Getting the floor; improper references. Every
member desiring to speak shall address the chair, and, upon recognition
by presiding officer, shall confine himself or herself to the question
under debate, avoiding all personalities and indecorous language.
(c)
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 if in order, he or she shall be permitted
to proceed.
(d)
Closing debates. The Council member moving the
adoption of an ordinance or resolution shall have the privilege of
closing the debate.
(e)
Motion to reconsider. A motion to reconsider
any action taken by the Council may be made only on the day such action
was taken. It may be made either immediately during the same session
or at a recessed or adjourned session thereof. Such motion must be
made by one of the prevailing side, but may be seconded by any member,
and may be made at any time and have precedence over all other motions
or while a member has the floor; and it shall be debatable. Nothing
herein contained shall be construed to prevent any member of the Council
from making or remaking the same or any other motion at a subsequent
meeting of the Council.
(f)
Remarks of Council members; entering in minutes.
A Council member may request, through the presiding officer, the privilege
of having an abstract of his or her statement on any subject under
consideration by the Council entered in the minutes. The Council member
making the request shall provide the abstract for inclusion in the
record. If the Council consents thereto, such statement shall be entered
in the minutes.
(g)
Synopsis of debate; entering in minutes. The
Township Clerk may be directed by the presiding officer, with consent
of the Council, to enter in the minutes a synopsis of the discussion
on any question coming before the Council.
(h)
Motion to adjourn. A motion to adjourn shall
always be in order and shall be decided without debate.
(i)
Voting determination. Unless a member of Council
states upon the call of the roll that he or she is not voting, his
or her silence shall be recorded as an affirmative vote. If a member
of Council enters on the record his or her abstention from vote, such
abstention shall be counted neither as a nay nor a yea in any case.
In the event of a tie vote with or without abstentions, the matter
which is the subject of the vote shall be considered to have failed.
(j)
Enforcement of decorum. The President of Council
may request the Police Department to designate a police officer to
serve as sergeant-at-arms at Council meetings. The sergeant-at-arms
shall carry out all orders and instructions given by the presiding
officer for the purpose of maintaining order and decorum at Council
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 this section upon
a complaint signed by the presiding officer.
A.
Preparation. All ordinances and resolutions shall
be prepared by the Department of Law upon the direction of the Council
or Mayor. Motions may be prepared by the Department of Law upon the
direction of the Council or may be prepared by any Council member.
Motions shall be confined to procedural matters and shall not deal
with substantive matters of regulation. All ordinances and resolutions
shall be in written form. Motions may either be written or oral in
their form.
B.
Reference to departments and Council. Except where
this provision is waived by a majority vote of the whole membership
of the Council, all ordinances and resolutions shall be submitted
to members of the Council and to the Mayor at least three days prior
to introduction. At least three days prior to introduction, each proposed
ordinance requiring or permitting administrative actions shall be
submitted to the Business Administrator and the department head concerned,
each of whom may submit to the Council an opinion, in written form,
as to the administrative implications of the proposed ordinance or
resolution.
C.
Introduction. 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 of Council. Each such ordinance,
resolution or motion shall be limited to a single subject which shall
be expressed in its title or which may be readily ascertainable by
its context. After introduction upon first reading of an ordinance
it shall be referred to the standing committee responsible, if such
a committee exists, for the subject matter contained therein as determined
by the President of Council for a written report prior to consideration
of such ordinance for second and final reading.
D.
Enactment clause. All ordinances shall be enacted
with the following clause: "Be it ordained and enacted by the Township
Council of the Township of Delran, County of Burlington, State of
New Jersey."
E.
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. Ordinances shall be drafted using appropriate section
numbers to key in the existing Code of the Township.
F.
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, which
first reading may be by title, shall be published at least once in
an 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 such
ordinance, which shall occur at least one week prior to the time fixed
for further consideration and final passage. The Township Clerk shall
post upon the bulletin board maintained within the Township building
a full copy of the ordinance and shall make available to the general
public copies of such 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 of Council may move for adoption of such
ordinance.
G.
Mayor's action. Each ordinance passed by Council shall
be promptly delivered by the Clerk to the Mayor. The Mayor then shall
either sign or veto such ordinance, then return it to the Clerk. In
the event that the Mayor neither signs nor vetoes such ordinance,
the ordinance shall be considered adopted after the expiration of
10 days from the date of delivery to the Mayor. With regard to ordinances,
the Mayor shall exercise his or her obligations pursuant to N.J.S.A.
40:69A-41(a).
H.
Effect. No ordinance other than the local budget ordinance
shall take effect less than 20 days after final passage by Council
and approval by the Mayor, unless Council shall adopt a resolution
declaring an emergency and at least two-thirds of all members of Council
vote in favor of such resolution.
I.
Passage over veto. The Council shall consider any
ordinance returned by the Mayor without his or her approval pursuant
to the Charter. Such reconsideration of the ordinance, or any item
or part thereof from which the Mayor has withheld approval, shall
be at the next regular meeting of Council following the return of
the ordinance by the Mayor. Whenever an ordinance has been reconsidered
by the Council following a veto by the Mayor, the Clerk shall attach
to such ordinance a certificate, of the action of the Council upon
such reconsideration in substantially the following form:
|
"I HEREBY CERTIFY that the above Ordinance adopted
by 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 he or she was constrained to withhold
his or her approval of such Ordinance, item or part thereof. On reconsideration
thereof on the _____ day of ___________, _____, (the Council duly
resolved by the affirmative vote of two-thirds of its members to enact
such Ordinance, item or part thereof notwithstanding the Mayor's vote.)
or (the Mayor's veto was sustained.)
| ||
|
DATED:
| ||
|
CLERK"
| ||
J.
Ordinances not returned by the Mayor. Whenever an
ordinance shall take effect without the Mayor's signature by reason
of his or her failure to return it to the Council by filing it with
the Clerk within 10 days after it has been presented to him or her,
the Clerk shall attach to such ordinance a certificate in substantially
the following form:
|
"I HEREBY CERTIFY that the above Ordinance was
adopted by the Council on the _____ day of __________, _____, and
was presented to the Mayor duly certified on the _____ day of __________,
_____, and upon his or her failure to sign it or return it and file
it with the Clerk within 10 days thereafter, the said Ordinance took
effect in like manner as if the Mayor had signed it.
| ||
|
DATED:
| ||
|
CLERK"
| ||
A motion 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 officer. The Township
Clerk shall forthwith cause a copy of the motion 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 officer 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 officer charged shall be entitled to
be represented by his or her own counsel. Following the conclusion
of hearing, the President of Council shall call for a vote on the
motion which shall be determined by a majority vote of the Council.
All removals from office or position shall be in accordance with law.[1]
[1]
Editor's Note: Former Sec. 2-4, Code of Ethics,
which consisted of Subsections 2-4.1 through 2-4.14, which previously
followed this section, was repealed 12-22-1993 by Ord. No. 1993-14.
Said Ord. No. 1993-14 also abolished the Delran Township Ethical Standards
Board and provided that all matters now pending before the Delran
Township Ethical Standards Board be transferred to the New Jersey
Local Finance Board for disposition.
