Borough of Highland Park, NJ
Middlesex County
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Table of Contents
Table of Contents
[Adopted 2-7-1989 by Ord. No. 1178 as §§ 2-1, 2-2, 2-3, 2-4 and 2-5 of the 1987 Code]
This chapter shall be known and may be cited as the "Administrative Code of the Borough of Highland Park" and is sometimes referred to as the "code."
Organization of Borough Council. The Council shall consist of the Mayor and six Councilmen elected at large in the Borough, all of whom shall be elected and take office in the manner provided by law. The terms of office of the Mayor and Councilmen shall commence on January 1 next following their election.
Rules of Council. The Borough Council shall by ordinance adopt rules of procedure not inconsistent with this Code. The rules shall provide for standing committees of the Council.
Ordinances and resolutions. Council shall take appropriate action to insure that ordinances and resolutions of the preceding year are compiled or codified.
Vacancies. Whenever a vacancy occurs in the membership of the Borough Council for any reason other than the expiration of term of office, the vacancy shall be filled in the following manner:
If the vacancy occurs subsequent to September 1 preceding the general election which will occur in the next-to-the-last year of the term of the member whose office has become vacant, the office shall be filled for its unexpired term by appointment by a majority vote of the whole membership of the Borough Council.
If the vacancy occurs prior to September 1 preceding the general election in any year other than the last year of the term of the member whose office has become vacant, the vacancy shall be filled for the unexpired term at the next ensuing general election. The Borough Council by a vote of the majority of its whole membership may fill the vacancy temporarily by appointment until the election and qualification of a successor.
Whenever a vacancy to be filled for the unexpired term by the Borough Council is not filled within 30 days of the occurrence of the vacancy, the Borough Clerk shall forthwith call a special election to be held as soon as practicable to fill the vacancy. No appointment shall be made by the Borough Council to fill the vacancy after a special election has been called. If the vacancy occurs within six months prior to the end of the term of office, the provisions of this subsection shall not apply and the Borough Council shall continue to have the power to fill the vacancy.
Whenever the office of all or a majority of the members shall become vacant for any reason, the fact of the vacancies shall be immediately certified to the Governor by any remaining member of the Borough Council or by the Borough Clerk. The Governor, upon receipt of such certifications, shall forthwith fill the vacancies temporarily by appointment until their successors are elected for the unexpired terms at the next general election or next regularly scheduled municipal election occurring not less than 60 days subsequent to the appointment.
Qualifications. Every person appointed by the Borough Council or by the governor to fill a vacancy, either for the unexpired term or temporarily, shall have the qualifications required by statute to permit the appointee to qualify for election to the office, and if the previous incumbent had been elected to office as the nominee of a political party, the person so appointed shall be of the same political party.
The Borough Council shall meet for organization on the first day of January following each general election unless that day be Sunday, in which case it shall meet on the next succeeding day. Thereafter, the Borough Council shall meet regularly within the Borough at such times and places as provided by resolution. The Mayor shall, when necessary, call special meetings of the Council. In case of his neglect or refusal, any four members of the Council may call such meetings at such time and place in the Borough as they may designate and, in all cases of special meetings, notice shall be given to all members of the Council or left at their places of residence. Notice of all meetings shall be given in accordance with the requirements of the Open Public Meetings Law, c. 231, P.L. 1975.[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
In accordance with Article IV of the Rules of Order, during the Borough Council meeting a period of 15 minutes shall be allocated for public discussion following the delivery at said meeting of reports by the Council, Mayor and other Borough professionals. There shall be an additional public discussion period provided before the adoption of any executive session resolution, if required, or before adjournment to the Council's conference meeting.
[Added 12-5-2017 by Ord. No. 17-1953]
The Mayor shall preside over all meetings of the Council but shall not vote except to give the deciding vote in case of a tie. Except as otherwise provided by the statute or specific ordinance, the Mayor shall nominate and, with the advice and consent of the Council, appoint all officers in the Borough, and the chairman and members of all standing committees. No appointments requiring Council confirmation shall be made except by a majority vote of the Council members present at the meeting, provided that at least three affirmative votes shall be required for such purpose, the Mayor to have no vote thereon except in the case of a tie. Vacancies in appointive officers shall be filled by appointment in the same manner for the unexpired term only. The Mayor shall make such nomination to fill a vacancy within 30 days after the appointive office becomes vacant. If the Mayor fails to nominate within 30 days or the Council fails to confirm any nomination made by the Mayor, then, after the expiration of 30 days, the Council shall appoint the officer.
The Mayor shall see that the laws of the state and the ordinances of the Borough are faithfully executed, and shall recommend to the Council such measures as he may deem necessary or expedient for the welfare of the Borough. He shall maintain peace and good order and have the power to suppress all riots and tumultuous assemblies in the Borough.
The Mayor shall supervise the conduct and acts of all officers in the Borough and shall execute all contracts made on behalf of the Borough.
At the annual meeting, the Borough Council, by a majority vote of all members present, shall elect from their number a President of the Council who shall preside at all of its meetings when the Mayor does not preside. The President of the Council shall hold office for one year and until the next annual meeting. He shall have the right to debate and vote on all questions before the Council. If the Council at its annual meetings fails to elect a President, the Mayor shall appoint the President from the Council and in that case, no confirmation by the Council shall be necessary. If the Mayor is absent from the Borough for a period of three days or for any reason is unable to act, the President of the Council shall perform all the duties of the Mayor during his absence or inability. The Mayor, in case of his intended absence from the Borough for more than three days at any one time, shall notify the President in writing of his intended absence, whereupon the President shall be and become acting mayor from the receipt of notice and continue to act until the Mayor's return.