A.
Creation. The Township Council is established pursuant
to N.J.S.A. 40:69A-31 et seq., and consists of five members elected
at large by the voters of the Township in an election held on the
first Tuesday after the first Monday in November.
B.
Term. Each member of the Council holds office for
a four-year term.
C.
Organization. The Township Council shall hold an organizational
meeting (reorganization meeting) on January 1 of each year at a time
no earlier than 12:00 noon, or during the first seven days of January
in said year. During this meeting, the Council shall elect one of
its members as President of the Council, who shall preside at all
of the meetings and perform such other duties as the Council may prescribe.
D.
Powers and duties of the Township Council. The Township
Council is the repository of all legislative authority granted to
the Township of Pemberton by the Legislature of the State of New Jersey.
In this regard, it has the power and responsibility to perform the
following functions:
(1)
Meetings:
(a)
Regular meetings. The Township Council shall hold
meetings as set forth by resolution.
(b)
Special meetings. The President of Council or any
two members of the Township Council may call a special meeting at
any time. The call for such a special meeting shall specify the purpose
of the meeting, and no other business shall be transacted at any such
special meeting. The call for such special meeting shall be filed
with the Clerk at least 48 hours prior to the time for which the meeting
is called. The Clerk shall forthwith provide notice in accordance
with law and shall also give notice by telephone, telegraph or telefacsimile
to each Council member at such place as each member shall have previously
designated for that purpose. The Clerk shall further cause the Township
Police to serve a written copy of the call for a meeting upon each
Council member by delivery of a copy to his usual place of abode at
least 48 hours before the time set for such meeting. Proof of delivery
of such written notice shall be announced at the commencement of any
such meeting.
(c)
Emergency meetings. Upon the affirmative vote of three-fourths
(3/4) of the whole membership of the Township Council, the Council
may hold a meeting, notwithstanding its failure to provide adequate
notice, if it meets the criteria of the New Jersey Open Public Meetings
Act, N.J.S.A. 10:4-9, Subdivision b.
(d)
Meetings and conferences. All meetings of the Township
Council shall be open to the public. The Township Council may meet
in an informal conference for such purposes as may be deemed appropriate,
including preparing for meetings, studying matters before it and consulting
with professional advisors. Such informal conferences shall be designated
"work sessions" and shall be open to the public. The work session
will not, however, include public participation or a public portion
except as permitted by the Township Council. The Township Council
reserves the right to take formal action at work session meetings.
Work session meetings of the Township Council will be scheduled by
resolution.
(e)
Place of meetings. All meetings of the Township Council
shall be held in the Municipal Building except when, in the opinion
of a majority of the Township Council, it is desirable to meet at
some other location of a public nature. The Township Council, upon
such reasonable public notice as the circumstances permit, may meet
in or adjourn to any other public building in the Township.
(f)
Quorum. A majority of all members elected to the Township
Council shall constitute a quorum at any meeting of the Council. If
a quorum is not present within 1/2 hour after the appointed time for
any meeting, the President of the Council or the presiding officer
may declare the meeting adjourned to a time certain and to the next
regularly scheduled meeting of the Council.
(2)
Legislative powers. The Township Council, as the legislative
branch of the Township government, is the repository for all of the
Township's legislative power, subject to the procedures set forth
in this code and/or N.J.S.A. 40:69A-31 et seq. Legislative powers
shall be exercised by ordinance, except for the exercise of those
powers that, under this plan of government or general law, do not
require action by the Mayor as a condition of approval for the exercise
thereof and may, therefore, be exercised by resolution, including
but not limited to:
(a)
The override of a veto of the Mayor.
(b)
The exercise of advice and consent to actions of the
Mayor.
(c)
The conduct of a legislative inquiry or investigation.
(d)
The expression of disapproval of the removal by the
Mayor of officers or employees.
(e)
The removal of any municipal officer for cause.
(f)
The adopting of rules for the Council.
(g)
The establishment of times and places for Council
meetings.
(h)
The establishment of the Council as a committee of
the whole and the delegation of any number of its members as an ad
hoc committee.
(i)
The declaration of emergencies respecting the passage
of ordinances.
(j)
The election, appointment, setting of salaries and
removal of officers and employees of the Council, subject to any pertinent
civil service requirements and any pertinent contractual obligations
and within the general limits of the municipal budget.
(k)
The designation of official newspapers.
(l)
The approval of contracts presented by the Mayor.
(m)
Actions specified as resolutions in the Local Budget
Law (N.J.S.A. 40A:4-1 et seq.) and the Local Fiscal Affairs Law (N.J.S.A.
40A:5-1 et seq.).
(n)
The expression of Council policies or opinions which
require no formal action by the Mayor.
(3)
Investigatory power. Pursuant to N.J.S.A. 40:48-25
and 40:69A-37(a), the Council shall have the power to investigate
the operation of the Township affairs in order to inform the Council
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 Council under N.J.S.A. 40A:4-1 et seq. and N.J.S.A. 40A:5-1
et seq.; further, the Council, before determining to remove a public
officer, may deem it appropriate to cause an investigation to occur
using the power heretofore recited. Additionally, should any conduct
by municipal officials be reported to the Township Council so as to
warrant an investigation, the Township Council may cause such investigation
to occur using the power heretofore recited.
(4)
Reports and appearances. In the furtherance of its
other powers, the Council may require as follows:
(a)
Reports.
[1]
Any municipal officer may be required to prepare
either sworn or unsworn statements regarding his official duties and
the performance thereof.
[2]
Any Council member may, at any time, require
a report on any aspect of the government of the municipality by making
a written request to the Mayor. The Council may, by a majority vote
of the whole number of its members, require the Mayor or his designee
to appear before the Council sitting as a committee of the whole and
to bring before the Council those records and reports and officials
and employees of the municipality as the Council may determine necessary
to ensure clarification of the matter under study. The Council may
further, by a majority of the whole number of its members, designate
any number of its members as an ad hoc committee to consult with the
Mayor or his designee to study any matter and to report to the Council
thereon.
(5)
Removal.
(a)
The Township Council may, by a 2/3 majority vote,
remove any municipal officer other than a member of the Council or
the Mayor 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 or substance abuse 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 or 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 Council
shall adopt a resolution of removal. The 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 own counsel. Following the conclusion of
the hearing, the President 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 Department of Personnel regulations.
(6)
Financial control. Pursuant to N.J.S.A. 40A:4-1 et
seq., N.J.S.A. 40A:5-1 et seq. and N.J.S.A. 40:69A-48, the Council
shall exercise financial control over the affairs of the Township.
The Council 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., after
it has been submitted by the Mayor. The Council shall, pursuant to
N.J.S.A. 40A:5-17 and as provided in this chapter, approve or disapprove
all claims, which claims shall be recorded in the minutes of the Council
meetings by attaching to said minutes a list of all claims approved
at each meeting, as well as the vote of each Council member on the
motion to approve said claims. Claims need not be approved individually,
but may be approved in a group or groups. The Council shall be directly
responsible for the fiscal affairs of the Township.
[Amended 11-5-2014 by Ord. No. 13-2014]
(7)
Appointments. The Township Council shall make only
those appointments which state or local law permit.
(8)
Vacancies. Should a vacancy occur in the position
of member of the Township Council, it shall be filled in accordance
with the State Municipal Vacancy Law, N.J.S.A. 40A:16-1 et seq.
(10)
Agenda. The agenda for each meeting of the Township
Council shall be prepared by the Township Clerk at the direction and
under the supervision of the President. The President or any two members
of the Council may place any matter of business on the agenda for
a Council meeting; but when the request is made by two members of
the Council, the same shall be submitted to the Clerk one week prior
to the meeting. Matters of business not submitted a week prior to
the meeting may only be included on any agenda with the prior approval
of the President. The agenda for each meeting of the Council shall
include only such matters of Township business included on the agenda;
however, important or other timely matters may be added to the agenda
at any time with the approval of the majority of those Council members
present. As soon as the agenda for each meeting has been prepared,
the Clerk shall have delivered a copy to each Council member, the
Mayor, the Township Attorney, the consulting engineer and the head
of each department.
(11)
Ordinances and resolutions.
(a)
Preparation. All ordinances shall be prepared
by the Township Solicitor upon the direction of the Township Council.
Resolutions may be prepared by persons other than the Solicitor but
shall be subject to the review and approval (as to legal sufficiency
only) of the Solicitor.
(b)
Introduction. Where the consideration of any
ordinance or resolution is upon the agenda, any such ordinance or
resolution 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. Ordinances
and resolutions shall be introduced and read by title.
(c)
Passage. All ordinances and resolutions shall
be passed and advertised in the manner provided by law.
(12)
Filing of reports and resolutions. The Township Council
shall file with the Clerk all ordinances, resolutions, petitions,
correspondence and other papers considered by or presented to it.
