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Township of Livingston, NJ
Essex County
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Table of Contents
Table of Contents
A majority of all the members elected to the Council shall constitute a quorum at any regular or special meeting of the Council, but a number less than a quorum may adjourn any meeting. If no member of the Council is present 1/2 hour after the appointed time for any meeting, the Clerk shall adjourn the meeting.
[Amended 4-12-2021 by Ord. No. 5-2021]
A. 
The agenda for each regular and special meeting of Council shall be prepared by the Clerk. The agenda for each regular meeting of the Council shall include only such matters of Council business as have been presented or delivered to the Clerk by the Manager or a member of the Council not later than the end of business on the Thursday preceding the meeting. As soon as the agenda for each meeting has been prepared, the Clerk shall deliver a copy to each member of Council and the Manager. The Clerk shall also promptly distribute copies to the press and to interested citizens upon request.
[Amended 7-25-2022 by Ord. No. 20-2022]
B. 
Two general exemptions shall exist to this deadline as follows: 1) matters and items which affect the health, safety, and welfare of the public-at-large; and 2) matters affecting the financial operation of Township.
[Amended 4-12-2021 by Ord. No. 5-2021]
The business of the Council at regular meetings, and so far as applicable at special meetings, shall be taken up for consideration and disposed of in the following order:
A. 
Reading of the Sunshine statement;
B. 
Quorum roll call;
C. 
Moment of silence;
D. 
Pledge of Allegiance;
E. 
Communications;
F. 
Proclamations and presentations;
G. 
Approval of meeting minutes, pending any corrections;
H. 
Legal fees;
I. 
Public portion (agenda items only, four-minute limit);
J. 
Passage of ordinances;
K. 
Consent agenda for resolutions:
(1) 
The consent agenda shall include all resolutions which have the unanimous support of the entire Council, and a vote to approve the consent agenda shall be deemed to be a vote approving all of the resolutions and matters contained therein. Any member of Council may, if they so choose prior to the adoption of the consent agenda, request that an item contained therein be removed for independent consideration. Under such a circumstance, the requested item shall be removed from the consent agenda and shall be voted upon separately after adoption of the consent agenda.
(2) 
The following shall appear on the consent agenda:
"ALL MATTER LISTED WITH AN ASTERISK (*) ARE CONSIDERED TO BE ROUTINE AND NON- CONTROVERSIAL BY THE COUNCIL AND WILL BE APPROVED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION ON THESE ITEMS UNLESS A MEMBER OF COUNCIL SO REQUESTS, IN WHICH CASE THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED IN ITS NORMAL SEQUENCE ON THE AGENDA AS PART OF THE GENERAL ORDERS."
L. 
Reports of departments. This will include any of: the Township Manager, Deputy Township Manager, Township Clerk, Deputy Clerk, Engineer, Township Attorney, and any other department heads, or designees, which may be present at the meeting and/or at the request of the Township Manager or Council (three-minute limit, extension of time may be granted by Chair);
M. 
Unfinished business;
N. 
New business;
O. 
Council reports (seven-minute limit, extension of time may be granted by Chair);
P. 
Mayor's report (seven-minute limit);
Q. 
Public portion (on any subject, three-minute limit);
R. 
Executive (closed) session, only if appropriate; and
S. 
Adjournment.
[Amended 4-12-2021 by Ord. No. 5-2021]
A. 
Robert's Rules of Order. Meetings of the Council shall, except as herein otherwise provided, be conducted according to Robert's Rules of Order, current edition.
B. 
Reading of the minutes. The minutes of the previous meeting of the Council may be approved without reading if the Clerk has previously furnished each member of the Council with a copy thereof, but upon request of any member of the Council, the minutes or any part thereof shall be read prior to approval.
C. 
The Chair may debate, vote, etc. The Mayor or such other member of the Council as may be acting as Chair may move, second and debate from the chair, and may vote on any question, subject only to such limitations of debate as are by these rules imposed on all members, and the Chair shall not be deprived of any of the rights and privileges of a member of the Council by reason of the member acting as the Chair.
D. 
The Chair shall close the debate and request that the Clerk call the roll on any motion, resolution, or adoption of an ordinance.
E. 
Roll call of the members of the Council shall be determined by the Mayor as part of the reorganizational meeting except that the Deputy Mayor and Mayor shall vote last, respectively.
F. 
Motion to reconsider. A motion to reconsider any action taken by the Council may be made only at the meeting at which such action was taken. It may be made either immediately during the same session, or at a recessed or adjourned session of such meeting. Such motion may be made only 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, and it shall be debatable. Nothing herein shall be construed to prevent any member of the Council from making or remaking at a subsequent meeting of the Council any motion previously made or considered.
G. 
A Council member may be called to order for conduct violative of the Rules of Procedure. A Council member called to order shall immediately cease speaking, unless the Chair permits the member to explain their actions. The decision of the Chair shall be final, subject to an appeal by Council requiring 2/3 vote to veto the Chair's decision. A member of Council shall be called to order for certain actions, including but not limited to: interruptions other than calls to order, calls to order made in bad faith or lacking merit, discussion of any issue beyond the scope of the question under consideration, discussion not germane to the question under consideration, discussion primarily intended to cause undue delay, or other violations as the Chair deems appropriate.
H. 
Every member of the Council shall address all statements, motions, and comments to the Chair. The member of Council, upon addressing the statement, motion, or comment to the Chair, shall await recognition before speaking. Upon recognition, the speaking member of Council shall confine themselves to the issue under consideration addressed by the statement, motion, or comment.
I. 
No member of Council shall speak a second time on the same question until every other member of Council desiring to speak shall have spoken at least once.
J. 
The Chair shall decide all questions of order without debate and may call upon the Township Attorney upon any questions of order who will resolve any disputes or issues related to the Rules and Procedures.
[Amended 4-12-2021 by Ord. No. 5-2021]
A. 
Recognition to speak. Any person desiring to address the Council shall first seek to be recognized by the Chair, and such person, upon recognition, shall confine any statement to the order of business prescribed by this article.
B. 
Written communications. Under the heading of "Written Communications," parties affected or their authorized representatives may address the Council in regard to matters then under discussion which are the subject of such communication.
C. 
Manner of addressing Council; time limit.
(1) 
Each person addressing the Council shall, upon recognition by the Chair, proceed to the front of the rail, and give the speaker's name and address in an audible tone of voice for the record. A member of the Council shall not direct a question to any speaker addressing the Council except through the Chair.
(2) 
There will be two public portions consisting of four minutes for the first public portion and three for the second public portion. Any response made by the Council shall be included in the speaker's four-minute and three-minute allotted time period. All statements, comments, questions and/or dialogue from a speaker shall be directed to the Chair.
(3) 
A member of the public may only speak once at each of the public portions. The initial public portion will be limited to agenda items only. During the second public portion, the public will be able to speak on any topic.
(4) 
A member of public shall be called to order and given a warning for certain actions, including but not limited to: speaking without first being recognized, vulgarity or obscenity, hostile gestures or threatening or intimidating language, interruptions other than calls to order, or other violations as the Chair or Township Attorney deems appropriate. After receiving a warning, the member of the public will be subject to removal by the Chair or Township Attorney for any subsequent violations.
[Amended 4-12-2021 by Ord. No. 5-2021]
A. 
The Chief of Police, or such member or members of the Police Department as the Chief may designate, shall be Sergeant at Arms of the Council meetings and shall be in attendance at Council meetings when requested by the Mayor. The Sergeant at Arms shall carry out all orders and instructions given by the Chair or Township Attorney for the purpose of maintaining order and decorum at the meeting.
B. 
Any person who violates the order and decorum of the meeting shall be guilty of an offense punishable as provided in § 1-7 hereof. Upon instructions of the Chair, it shall be the duty of the Sergeant at Arms to place any such person under arrest and cause the person to be prosecuted pursuant to law, the complaint to be signed by the Chair.