Borough of Tuckerton, NJ Administration of Government

Presiding officer. The Mayor shall preside at all meetings of the Borough Council; and in the absence of the Mayor, the Council President shall preside. Should both be absent, the senior member of the Borough Council shall preside. The Mayor shall:

(1)

Appoint, with the advice and consent of the Borough Council, special and standing committees of the Borough Council.

(2)

Preside at all meetings of the Borough Council.

(3)

State the question and announce the result of all matters upon which the Borough Council votes.

(4)

With the assistance of the Borough Attorney, rule on all questions of order, subject to appeal to the Borough Council as a whole.

(5)

Have such other functions, powers and duties as may from time to time be prescribed by general law, ordinance or resolution.

Borough Clerk. The Borough Clerk shall serve as Clerk of the Borough Council in accordance with this chapter.

Agenda. An agenda for each regular meeting of the Borough Council shall be prepared by the Borough Clerk, at the discretion of the Mayor or any member of the Borough Council.

Quorum call. At the opening of each meeting of the Borough Council, the Borough Clerk shall call the roll, and the names of those present shall be recorded in the minutes.

Order of business. The order of business at the meetings shall be as follows:

(1)

Call meeting to order.

Sunshine statement.

Salute to flag.

Roll call.

Approval of minutes.

Reports of officers and committees.

(7)

Presentation of public comments and questions.

(8)

Adjournment.

Roll call vote; signing of minutes. The vote upon every resolution or ordinance shall be taken by roll call, and the yeas and nays shall be entered on the minutes. The minutes of each meeting shall be signed by the presiding officer and by the Borough Clerk.

Addressing the Borough Council.

(1)

Any person may petition the presiding officer for permission to address the Borough Council, which shall be granted only after a showing to the satisfaction of the presiding officer that the subject matter of the address deserves the time and attention of the Borough Council.

(2)

Each person addressing the Borough Council shall give his name and address in an audible tone of voice. All remarks shall be addressed to the Borough Council as a body and not to any member thereof. No person, other than members of the Borough Council and the person having the floor, shall be permitted to enter any discussion, either directly or through a member of the Borough Council, without the permission of the presiding officer.

§ 6-2 Departments.

[Amended 5-3-2010 by Ord. No. 10-2010]

The Mayor may, with the advice and consent of the Borough Council, appoint a committee of the Borough Council and a chair thereof for each department of the Borough.

Departments.

(1)

Departments shall include the following:

(a)

Department of Finance.

(b)

Department of Public Works.

(c)

Department of Law and Public Safety.

(d)

Department of Administration and Regulation.

(e)

Department of Legislation.

(f)

Department of Public Buildings and Grounds and Community Affairs.

(g)

Department of Water and Sewer Service.

(2)

The chair of the department, subject to the Code and the approval or direction of the Mayor and Borough Council, shall:

(a)

Prescribe the internal organization of the work of his department.

(b)

Direct and supervise the subordinate officers and employees of the department and make, alter and enforce individual work assignments.

(c)

Preliminarily approve or disapprove of payrolls, bills and claims chargeable to the departmental appropriations.

(d)

Maintain such records of work performance and unit costs thereof as may be approved or required by the Mayor and Borough Council.

(e)

Provide such information and reports on the work of the department as may from time to time be required by the Mayor and Borough Council.

(f)

Exercise such other or different powers of administrative supervision and direction as the Mayor and Borough Council may delegate to him.

§ 6-3 Council meeting schedule.

The Borough Council shall meet during the first seven days of January. Thereafter, the Borough Council shall meet regularly within the Borough at such times and places as provided by the rules of Borough Council.

§ 6-4 Adoption of ordinances and resolutions.

Borough ordinances shall be prepared by the Borough Attorney and submitted, in writing, at a meeting of the Borough Council and passed at a subsequent meeting. No ordinance may be passed without a majority vote of the Borough Council. The Mayor is to have no vote except in the event of a tie.

Resolutions may be passed only by the vote of a majority of the Borough Council. The Mayor is to have no vote except in the event of a tie.

§ 6-5 President of Council.

The Borough Council, at its annual meeting, shall, by a vote of majority, elect from its number a President of Council, who shall preside at all its meetings when the Mayor does not preside. He shall hold office for one year. He shall have the right to debate and vote on all questions before the Borough Council. If the Borough Council at its annual meeting fails to elect a President, the Mayor shall appoint a President from the Borough Council and in that case no confirmation from the Borough Council shall be necessary.

§ 6-6 Powers and duties of Mayor.

The Mayor shall preside over all meetings of the Borough Council but shall not vote except to give the deciding vote in the event of a tie.

The Mayor shall nominate, with the advice and consent of the Borough Council, all appointed officials in the Borough.

The Mayor shall have all the powers granted by the state and the ordinances of the Borough.

The Mayor shall see that the laws of the state and the ordinances of the Borough are faithfully executed and shall recommend to the Borough Council such measures as he may deem necessary for the welfare of the Borough.

§ 6-7 Borough Clerk.

The Borough Clerk shall serve as the Clerk of the Council. He/she shall attend all Borough Council meetings and keep minutes of the proceedings. The minutes of each meeting shall be signed by the presiding officer and by the Borough Clerk.

The Borough Clerk shall record all ordinances and resolutions of a permanent character in books to be provided for that purpose. After each ordinance, he/she shall also record and certify the proof of publication. Each ordinance so recorded shall be signed by the Mayor.

The Borough Clerk shall have custody of and keep all records, books and documents of the Borough, except those committed by resolution to any other office or transferred thereto by the Borough Council.

(1)

He/she shall, upon request and the payment of fees prescribed by resolution of the Borough Council for the use of the Borough, furnish a certified copy of any such paper in his/her custody under the Corporate Seal of the Borough.

(2)

The Borough Clerk shall cause the Corporate Seal of the Borough to be affixed to instruments and writings when authorized by ordinance or resolution of the Borough Council or when necessary to exemplify any document on record in his/her office or to certify any act or record or paper which from the records in his/her office appears to have been a public act of the Borough or a public document. He/she shall not affix the Seal or cause or permit it to be affixed to any other instrument or writing or other paper unless required by law, ordinance or resolution of the Borough Council.

The Borough Clerk, subject to the supervision of the Mayor and Council, shall:

(1)

Be the depository and custodian of all official surety bonds furnished by or on account of any officer or employee, except his/her own bond, which shall be placed in the custody of the Treasurer of all insurance policies upon or with respect to risks insured for the benefit of the Borough or to protect it against any claim, demand or liability whatsoever, and all formal contracts for work, labor, services, supplies, equipment and materials to which the Borough may be a party.

(2)

Be the depository for and have custody of all performance bonds running to the Borough as obligee or any other form of security given by any contractor, developer or other person on account of work done or to be done in or for the Borough.

(3)

Have custody of all deeds, easements, rights-of-way, leases, etc., owned by or leased to the Borough.

(4)

Report to the Borough Council on the coverage, expiration date and premium of each surety bond and contract of insurance, the nature and terms of outstanding leases, the rent reserved by each and their respective expiration dates.

§ 6-8 Filing of rules and regulations.

No rule made by any department, officer, agency or authority of the Borough, except such as relates to the internal management of the Borough or a part thereof, shall take effect until it is filed with the Borough Clerk. The Borough Clerk shall maintain a current compilation of all such rules and regulations which shall be available for public inspection in his/her office during business hours.

§ 6-9 Additional powers and duties of Clerk.

In addition to such other functions, powers and duties as may be prescribed by ordinance and subject to the supervision and direction of the Borough Council, the Borough Clerk may:

Perform all the functions of municipal clerks required by the general election law and any other law and ordinance.

Administer the provisions of Borough ordinances with reference to the licensing of occupations and activities for which licenses are required by law or ordinance to be obtained from the Clerk.

Have such other additional and different functions, powers and duties as may be prescribed by law or ordinance or delegated to him/her by the Mayor and Borough Council.

§ 6-10 Deputy Clerk.

[Amended 5-3-2010 by Ord. No. 5-2010]

There may be a Deputy Clerk, appointed by the Mayor, with the advice and consent of the Borough Council, who shall have, exercise and perform the functions, powers and duties of the Borough Clerk in the absence or upon the direction of the Borough Clerk.