[HISTORY: Adopted by the Borough Council
of the Borough of Kinnelon 5-13-1996 by Ord. No. 3-96 (Ch. 4 of the 1972 Code).
Amendments noted where applicable.]
A.
The deliberation of the Council shall be governed
by the latest "Robert's Rules of Order." If there is any inconsistency,
these rules and regulations will govern.
B.
Each year the Council, at its reorganization meeting,
may appoint a Parliamentarian to interpret Robert Rules of Order and
these bylaws.
A.
The Mayor, as the chief executive officer of the Borough,
shall preside over the meetings of the Council and shall chair the
meetings thereof. The Mayor is part of the governing body and shall
also participate in the determination of Borough affairs to the extent
permitted by statute; however, the Mayor may vote only to break a
tie.
B.
The Mayor shall on all occasions preserve the strictest
order and decorum and shall cause the removal of all persons who interrupt
the orderly proceedings of the Council. At the discretion of the Mayor
a Sergeant at Arms may be appointed for this purpose.
C.
When two or more Council members shall rise at the
same time, the Mayor shall name the one entitled to the floor. The
Mayor's decision may be appealed, or, before there is an appeal, the
Mayor may allow the Council to decide the question by majority vote.
D.
The Mayor shall decide all questions of order without debate subject
to an appeal to the Council and shall call upon the Council for their
opinion upon any appeal of a question of order. The opinion of the
majority of the Council shall be final.
[Amended 12-16-2021 by Ord. No. 18-21]
E.
The Mayor shall be an ex officio nonvoting member
of all committees, both standing and special, and shall be informed
of all meetings of such committees.
F.
The Mayor shall serve as the liaison between the governing
body and all boards, committees, agencies and organizations, except
as herein assigned to a specific Council committee for liaison purposes.
G.
In the absence of the Mayor or if the Mayor is unable
to perform the duties of the office, the Council President (or, in
the President's inability to act, the Council member having the longest
term as such) shall perform all the duties of the Mayor during such
absence or inability, as provided by N.J.S.A. 40A:60-3.
H.
The Mayor shall be responsible for signing all contracts or agreements
negotiated on behalf of the Borough as authorized by resolution passed
by majority vote of the Borough Council.
[Added 12-16-2021 by Ord.
No. 18-21]
A.
The Borough Clerk shall perform the duties enjoined
upon the office of the Borough Clerk by the Revised Statutes of New
Jersey by the laws of New Jersey as are now or hereinafter imposed
by statute.
B.
The Borough Clerk shall keep the minutes and the ordinance
books properly and fully indexed and shall perform all the 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.
A.
Annual reorganization meeting. The Mayor and Council
shall hold an annual reorganization meeting during the first seven
days of January in any year.
B.
Time and place; notice. The Council, at its annual reorganization
meeting, shall fix the time and place for holding regular meetings
during the ensuing year, which time and place shall not be changed
except in accordance with the Open Public Meetings Act.[1] All regular meetings shall be held in the Borough. At
least once each year, within 7 days of the annual reorganization meeting
of the governing body but not later than January 10 of such year,
the governing body shall give annual notice of the time, dates and
location of its regular meetings and otherwise comply with the annual
notice provisions of N.J.S.A. 10:4-18. All meetings of the governing
body shall comply with the annual notice provisions of N.J.S.A. 10:4-6
et al., including the requirement that no meeting of the governing
body shall be held unless adequate notice thereof, as is defined by
the Open Public Meetings Act, has been provided to the public. However,
in such extraordinary circumstances that, due to the urgency and importance
of a matter requiring consideration by the Borough at a special meeting,
any delay in consideration of said matter for the purpose of providing
adequate notice would be likely to result in substantial harm to the
public interest, and the meeting is limited to discussion of and acting
with respect to such matters of urgency and importance, therefore,
adequate notice cannot be provided in accordance with requirements
of the Act, the governing body may hold a meeting notwithstanding
the failure to provide adequate notice if the specific requirements
of N.J.S.A. 10:4-9 and N.J.S.A. 10:4-10 and any other applicable provision
of the Open Public Meetings Act are met.
[Amended 12-16-2021 by Ord. No. 18-21]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
C.
Closed sessions. When the governing body deems it
necessary to limit public participation from a portion of public meeting
to discuss in closed session a matter that falls within one of the
enumerated exceptions of N.J.S.A. 10:4-12, discussions of the governing
body in closed session shall be kept strictly confidential until the
governing body determines in accordance with the provisions of N.J.S.A.
10:4-13, when the discussions conducted in closed session can be disclosed
to the public. The Council shall investigate any alleged breach of
the confidentiality of closed sessions discussions and shall take
whatever action it deems to be necessary to preserve the integrity
of closed sessions.
D.
Council President. At the annual reorganization meeting,
the Council will elect one of its members as Council President to
serve for the calendar year and the next annual meeting. The President
of the Council shall perform all the duties of the Mayor during any
period in which the Mayor is absent from the Borough for three days
or more or is unable to perform the duties of the Mayor's office.
Where such absence is intended, the President of the Council shall
become the Acting Mayor until the Mayor's return. If the President
of the Council is unable to perform the duties of the Acting Mayor,
then the member of Council with the longest term of service may act
temporarily for the President of the Council.
E.
F.
Consent agenda. The consent agenda is an effective
procedure for handling routine business. It consists of non controversial
matters requiring no discussion and may be used by the Council to
handle such business at its option.
G.
Order of business.
(1)
The following order of business shall be observed:
(a)
Statement of adequate notice of meeting as required
by N.J.S.A. 10:4-6, the Open Public Meetings Act.
[Amended 12-16-2021 by Ord. No. 18-21]
(b)
Roll call.
(c)
Treasurer's report.
(d)
Committee reports and liaison reports.
(e)
Hearing from the public.
[Amended 9-15-2016 by Res. No. 9.04.16]
[1]
A participant must be recognized by the Mayor or his/her designee
and must preface comments by an announcement of his/her name, place
of residence, and group affiliation, if appropriate;
[2]
Each statement made by a participant shall be limited to no
more than five minutes' duration and participants shall receive a
warning after three minutes have expired;
[3]
No participant may speak more than once on the same topic until
all others who wish to speak on that topic have been heard;
[4]
All statements shall be directed to the Mayor or his/her designee;
no participant may address or question Council members individually;
[5]
The Mayor or his/her designee may:
[a]
Interrupt, warn, or terminate a participant's statement when
the statement is too lengthy, abusive, obscene, or irrelevant;
[b]
Request any individual to leave the meeting when that person
does not observe reasonable decorum;
[c]
Request the assistance of law enforcement officers in the removal
of a disorderly person when that person's conduct interferes with
the orderly progress of the meeting;
[d]
Call for a recess or an adjournment to another time when the
lack of public decorum so interferes with the orderly conduct of the
meeting as to warrant such action; and
[e]
Waive these rules when necessary for the protection of privacy
or the efficient administration of the Council's business.
(f)
Consent agenda.
(g)
Old business.
(h)
New business.
(i)
School and county taxes.
(j)
Reports.
(k)
Resignations.
(l)
Appointments.
(m)
Adjourn Meeting.
(2)
The aforesaid order of business at any meeting may
be changed by a majority vote of the members of the Council present
at such meeting.
H.
Voting procedures.
(1)
Except as otherwise required by the law, or specifically
provided by these bylaws, all actions of the Council shall be by majority
vote of those present.
(2)
Upon demand of one member of the Council, or when
ordered by the Mayor, or when required by law, a roll-call vote shall
be taken on any item including individual items from the consent agenda,
and the yeas and nays entered in the minutes of the meeting.
(3)
There shall be a roll-call vote on any motion to expend
Borough funds.
A.
The Council at its annual meeting shall establish
for its members such committees of the Council as will assist it for
the ensuing year.
B.
The Mayor shall appoint all members of the committees with the advice
and consent of the Council and shall be a member, ex officio and nonvoting,
of each such committee. In addition, the Mayor shall see that all
matters referred to the committees are acted upon and reported promptly.
[Amended 12-16-2021 by Ord. No. 18-21]
C.
The following standing committees of the Council,
consisting of one, two or three Council members each (other than the
Mayor, ex officio), shall be appointed at the annual meeting.
[Amended 3-18-2010 by Ord. No. 5-10; 2-19-2015 by Ord. No. 2-15; 12-16-2021 by Ord. No. 18-21]
D.
Each Council member shall be Chairperson of one of
the eleven Standing Committees named in this section.
[Amended 3-18-2010 by Ord. No. 5-10; 12-16-2021 by Ord. No. 18-21]
E.
F.
Special committees may be appointed for purposes other
than those included in the duties of the standing committees. Special
committees shall automatically dissolve at the completion of their
task or the end of the year, whichever is sooner. They may be reestablished
as a special committee at the annual reorganization meeting, if the
purpose of the committee was not fully completed by the end of the
year that it was established.
G.
No committee, standing or special, shall have the
power to bind the Borough in any manner.
H.
At the time of the appointment of any committee, the
Mayor shall name some member thereof as the Chair of such committee.
The Mayor may, with the concurrence of a majority of the Council,
change existing Committee assignments and/or serve as Chair when it
is in the best interests of the Borough to do so.
I.
The Chair of each standing or special committee shall
be prepared to report to the Mayor and Council at each regular meeting
on the principal activities and achievements of said Committee.
J.
The Chair of each standing committee shall perform
the department supervisor’s annual job performance evaluation
and compensation recommendation. The Chair shall also review the job
performance evaluation and compensation recommendations of department
employees performed by the department supervisor. Said evaluations
and compensation recommendations shall be performed annually, at the
beginning of the fourth quarter and, upon approval, be submitted to
the Finance Committee in time for inclusion in the budget process.
[Added 11-20-2003 by Ord. No. 25-03]
K.
The Committee shall review and approve all applicants
in consideration for department employment. The hiring of all department
employees is subject to the final approval of the Borough Council.
[Added 11-20-2003 by Ord. No. 25-03]
A.
Finance Committee. The Finance Committee shall have
primary responsibility for the following activities and matters:
(1)
The examination, review and approval of all vouchers
prior to their submission to the Council for authority to pay same.
(3)
The initiation of in rem foreclosure action and subsequent
administration and disposition of property acquired by the Borough
under foreclosure of tax title liens.
(4)
Supervision and administration of all phases of the
budgetary process including the preparation of the budgets of all
Borough departments, boards, agencies and offices, and procedures
to be followed by all Borough departments, boards, agencies and offices
in connection therewith, and the preparation and submission to the
Council of the annual budget for its consideration and adoption.
(5)
The maintenance, review and revision of the Borough
cost system.
(6)
Supervision of the Borough's insurance coverage, including
review of existing insurance policies and recommendations in connection
therewith at the time of renewal.
(7)
It shall also serve as the liaison between the Council
and the registered municipal accountants and/or Borough Auditor, and
with any other body or organization related to the annual report of
audit, the Borough's cash management system and other fiscal matters.
B.
Public Safety Committee. The Public Safety Committee
shall have primary responsibility for the following described activities
and matters:
(1)
The administration, practices, procedures and records
of the following:
(a)
Police activities.
(b)
Licensing and inspection of licensed premises
and persons, as designated by the Council.
(c)
Local traffic and all parking matters (except
the construction and maintenance of municipal parking lots).
(d)
Civilian defense activities.
(e)
Emergency preparedness (Hazmat).
(f)
Liaison to KVFC and auxiliaries.
C.
Public Works Committee. The Public Works Committee
shall have primary responsibility for the following described activities
and matters:
(2)
Maintenance, construction, repair, improvement, drainage,
cleaning and inspection of Borough roads and approval of street and
driveway opening permits.
(3)
Maintenance and repair of sidewalks and curbs on Borough
property.
(4)
Maintenance and repairs of all Borough-owned buildings.
(5)
Maintenance and repairs of all Borough-owned real
property.
(6)
Maintenance and repairs of all Department of Public
Works vehicles and equipment.
(7)
Maintenance and repairs of Borough's recreation fields.
(8)
Operation and maintenance of bulk containers, recycling
depot and its equipment, and supervision of curbside pickup recycling
program.
(9)
Operation and maintenance of water and sewer lines
in Kinnelon and Water and Sewer Department vehicles and equipment.
(10)
Supervision of the Clean Communities Roadside Cleanup
Program under state grant.
(11)
Overseeing and administration of all official public
celebration events.
(12)
The Superintendent of Public Works shall serve as
liaison between the Public Works committee and the public Works Department.
(13)
The Public Works Committee shall serve as the liaison
between the Council and the State and County Highway Departments except
in traffic matters which are under the Jurisdiction of the Public
Safety Committee.
D.
Utility Committee. The Utility Committee shall have
primary responsibility for the following described activates and matters:
(1)
The Utilities Committee shall have primary responsibility
for the following described activities and matters, subject to the
regulation of the state:
[Amended 12-16-2021 by Ord. No. 18-21]
(2)
The Committee shall be the liaison between the governing body and the utility companies and independent contractors providing utility services to the Borough described in Subsection D(1) above and shall be responsible for:
(a)
Negotiating contracts with suppliers on behalf of the Borough
of said utility services subject to Borough approval, reporting the
status of negotiations to the governing body, and submitting the proposed
contract for discussion and approval by the Council.
[Amended 12-16-2021 by Ord. No. 18-21]
(b)
Preparing and reviewing utility service plans
as needed or as directed by the Council and making recommendations
to the governing body for improving existing or new services.
(c)
Supervising the appropriate access and use of
utilities and, in connection therewith, seeing to it that the Borough
Engineer and Water and Sanitation Engineer report to the Committee
any proposed use of a utility which deviates from the Borough's service
plans, master plan or ordinances, and making recommendations in connection
therewith to the governing body within 30 days of receipt of said
report.
(d)
Resolving matters raised by the Borough Engineer
and the Water and Sanitation Engineer and providing status reports
to the governing body.
(3)
The Utility Committee shall have responsibility for
the administration, practices, procedures and records of the water
and sewer utilities, Wastewater Management Plan and service area maps.
E.
Recreation Committee. The Recreation Committee shall have primary
responsibility for the supervision, administration, practices, procedures
and records of all recreation activities conducted by the Borough.
[Amended 12-16-2021 by Ord. No. 18-21]
F.
Coordinating Committee. The Coordinating Committee shall be primarily
responsible for serving as the liaison between the Council and any
other boards, committees, agencies or bodies in the Borough which
have not been assigned a liaison by these bylaws, including but not
limited to:
[Amended 12-16-2021 by Ord. No. 18-21]
G.
Ordinance and Legal Affairs Committee. The Ordinance
and Legal Affairs Committee shall be responsible for the presentation
to the governing body of all municipal ordinances and amendments thereto.
It shall also serve as the liaison for the Municipal Court, the Municipal
Prosecutor, the Public Defender and the Borough Attorney. It shall
also have the responsibility of reviewing the bylaws of the Borough
Council annually and reporting thereon to the Mayor and Council no
later than the September meeting.
H.
Personnel Committee.
(1)
Except where governed by separate contract, the Personnel
Committee shall be responsible for performing all functions assigned
to it in the Personnel Policy,[1] including but limited to:
[Amended 11-20-2003 by Ord. No. 25-03]
(a)
Review personnel policy, records, practices
and procedures annually and making recommendations thereon to the
governing body.
(b)
Hear grievances and make recommendations in
connection therewith to the governing body for decision.
(c)
Acting as liaison to all departments to resolve
personnel problems if resolution is not reached with the Council liaison.
(d)
Reviewing and approving the dismissal and/or
the suspension of employees subject to the employee’s right
to appeal a decision of the Personnel Committee to the governing body.
(2)
In the event of any inconsistency between the functions
of the Personnel Committee as they relate to the Personnel Policy
as may be amended from time to time and these bylaws, the Personnel
Policy shall govern.
I.
Open Space
Committee. The Open Space Committee shall have primary responsibility
for the following described activities and matters:
[Added 3-18-2010 by Ord. No. 5-10]
(1)
Investigate
opportunities to acquire lands within the Borough of Kinnelon for
recreation and conservation purposes.
(2)
Negotiate
contracts with sellers of open space lands on behalf of the Borough
(subject to Borough Council approval); report the status of said negotiations
to the Borough Council and submit all proposed contracts to acquire
such lands to the Borough Council for review and approval.
(3)
Supervise
the development of lands acquired by the Borough for recreation and
conservation purposes.
J.
Technology
Committee. The Technology Committee shall have the primary responsibility
for the following described activities and matters:
[Added 2-19-2015 by Ord.
No. 2-15; amended 12-16-2021 by Ord. No. 18-21]
(1)
Acting as liaison between the Borough and the various technology
providers and being responsible for the supervision, administration,
practices and procedures for the following:
(a)
Municipal network, WIFI and email system, RAVE system and internet
access, and any other technology system used anywhere by any Borough
department.
(b)
Municipal telephone system.
(c)
Municipal computers and other related hardware and software.
(d)
Municipal electronic communication - website, social media pages,
electronic marquee.
(e)
Various telephone, internet and cable television providers operating
within the Borough.
(2)
Negotiating contracts and/or agreements with suppliers of the aforesaid
technology services on behalf of the Borough, reporting the status
of negotiations to the governing body, and submitting the proposed
contract or agreement for discussion and approval by the Borough Council.
(3)
Acting as liaison to all Borough departments and committees, and
any other organization that wishes to utilize the various municipal
technologies for communications and/or information distribution.
K.
Library Liaison. The Library Liaison shall have the primary responsibility
for the following described activities and matters:
[Added 12-16-2021 by Ord.
No. 18-21]
(1)
Acting as liaison between the Council and the Kinnelon Public Library.
(2)
Informing the Council about Library activities and events.
(3)
Coordinating any construction, capital improvements or repairs to
the Library building and infrastructure.
(4)
Resolving any problems between the Library and the various departments
within the Borough.
A.
Bills, claims and vouchers should be paid in accordance with Borough Ordinance, Chapter 17, Claims Procedure. Any inconsistency between the bylaws as they relate to the payment of bills, claims or vouchers and Borough ordinances shall be decided in favor of the ordinance.
B.
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 accepts the same on behalf
of the Borough and who may be held accountable therefor. Each such
bill or claim shall then be carefully reviewed and checked by, or
under the direction of, the Borough official who accomplished the
administrative certificate on the voucher form.
[Amended 5-17-2012 by Ord. No. 11-12]
(1)
All checked vouchers with supporting papers attached
will then be presented to the Chief Financial Officer for review and
approval.
(2)
The Chief Financial Officer shall examine all vouchers
and will indicate his/her approval on each such voucher. He/she shall
submit a bills list to the Mayor and Council one week prior to the
Mayor and Council meeting for authorization to pay the same.
C.
Payment of approved vouchers in all cases shall be
by check. The Borough, at its annual reorganization meeting, shall
designate the individuals in addition to the Treasurer whose signature
shall appear on the checks drawn on the treasury of the Borough. [N.J.S.A.
40A:5-17(b); N.J.A.C. 5:30-8.6.]
These bylaws may be amended only by a two-thirds
vote of the Council, excluding the Mayor.
