[Amended by Ord. No. 93-7]
The Township Council shall consist of five members,
one of whom shall be the Mayor elected directly by the voters. The
Mayor and one other member shall be elected at-large, the other three
members shall be elected from the wards. The member of Council elected
at-large shall also be the Deputy Mayor.
[Amended by Ord. No. 88-20]
A.
Each Council member shall serve a term of four years
unless elected to fill an unexpired term.
B.
Municipal elections shall be held every two years.
At the first municipal election after the passage of the referendum
amending the Township's Charter changing elections from May to November,
the Mayor and other at-large Council member shall be elected for four
years and the three ward Council members for two years. All subsequent
terms of the Mayor, Council member at large and ward Council members
shall be four years.
C.
The municipal election shall be partisan and held
on the first Tuesday after the first Monday in November. The next
municipal election after the passage of the referendum amending the
Township's Charter changing elections from May to November shall be
the first Tuesday after the first Monday in November 1988.
D.
Council members shall take office on January 1, next
following their election.
The Mayor shall:
A.
Preside at all meetings of the Township Council and
shall have a voice and vote in its proceedings.
B.
Execute all bonds, notes, contracts and written obligations
of the municipality authorized by the Township Council.
C.
Appoint all members of the Environmental Commission
pursuant to N.J.S.A. 40:56A-1.
D.
Appoint the Class II member of the Planning Board.
E.
Exercise such other ceremonial powers which are traditionally
inherent to the office or delegated by Council.
In the event of the inability of the Mayor to
act for any reason, Council shall designate a Council member to act
as Mayor during the Mayor's absence or disability.
[Amended by Ord. No. 88-20]
A.
Meetings.
(1)
Township Council shall reorganize annually during
the first seven days of January.
(2)
Township Council shall meet no less than twice each
month.
(3)
Regular meetings shall be held at the Lower Township
Hall, or at such other place as may be designated by the Township
Council from time to time.
(4)
Special meetings of the Council shall be called by
the Mayor upon the written request of three Council members. The Mayor
may also call a special meeting of Council at his or her discretion
(N.J.S.A. 40:69A-179).
(5)
The Township Council shall annually designate the
dates and times for regular meetings.
(6)
Township meetings shall generally be conducted in
accordance with Robert's Rules of Order, newly revised.
B.
Powers and duties.
(1)
Continue or create, and determine and define the powers
and duties of such executive and administrative departments, boards
and offices, as it may deem necessary for the proper and efficient
conduct of the affairs of the Township. Any department, board or office
so continued or created may at any time be abolished by the Township
Council.
(2)
Organize and regulate the internal affairs of the
Township, establish and abolish offices and positions, define the
functions, powers and duties thereof, and fix their term, tenure and
compensation.
(3)
Execute all laws and ordinances of the municipality.
(4)
Policy.
(a)
The Township Council shall structure all local policy
except where preempted by federal or state law.
(b)
In accordance with N.J.S.A. 40:69A-91, the Township
Council shall act in all matters as a body, and no member of Council
shall seek to individually influence the official acts of the Township
Manager, or any other officer, or for the Council or any of its members
to direct or request the appointment of any person to, or his removal
from, office, or to interfere in any way with the performance by such
officers of their duties. The Council and its members shall deal solely
through the Manager and shall not give orders to any subordinates
of the Manager, either publicly or privately. Any Council member violating
the provisions of this section shall, upon conviction thereof in a
court of competent jurisdiction, be disqualified as a Council member.
(c)
The Township Council may appoint committees or commissioners
of its own members or its citizens to conduct investigations into
the conduct of any officer or department, or any matter relating to
the welfare of the Township, and delegating to such committees or
commissioners such powers of inquiry as the Council may deem necessary.
(d)
Attendance
policy.
[Added 2-6-2012 by Ord. No. 2012-01]
[1]
The Mayor and Councilmembers are expected to attend regular and special
meetings at the time and place where said meetings are held and for
the entirety of each meeting. If attendance is not possible, notification
is to be made to the Township Manager and the Township Clerk prior
to the scheduled meeting.
[2]
Attendance shall be taken at all meetings and reflected in the minutes
of all meetings which will subsequently be posted to the Township's
website.
(e)
Training.
[Added 2-6-2012 by Ord. No. 2012-01]
[1]
Newly elected members of Council are strongly encouraged to complete
the Rutgers University Course for Newly Elected Officials during the
first year of their term, and all members of Council are encouraged
to continue their municipal government education by completing the
courses necessary to complete the Municipal Elected Officials Certificate
Program offered by the Edward J. Bloustein School of Planning and
Public Policy at the Rutgers Center for Government Service or any
comparable program offered through the New Jersey League of Municipalities.
[2]
Records of all courses taken shall be furnished to the Municipal
Clerk and shall be available for public inspection. The Township shall
pay for all tuition costs and travel expenses incurred by the member
of Council in completing these courses upon providing adequate documentation
to substantiate the expenses.
[3]
Elected officials are required to attend, on an annual basis, at
least one instructional course, approved for continuing education
credits by DLGS, covering the responsibility and obligations of elected
officials.
[Added 10-7-2013 by Ord. No. 2013-20]
(f)
E-mail
communications.
[Added 2-6-2012 by Ord. No. 2012-01]
[1]
In keeping with the Open Public Meetings Act (OPMA), e-mail communications
should, as far as practicable, not include an effective majority of
the governing body and should never include an effective majority
of the governing body where discussion of information related to the
business of the Township is involved. "Discussion" should be distinguished
from a single e-mail that simply provides information.
[2]
Where e-mail communications do include an effective majority of the
governing body, such communications should almost universally not
include any request for information in response. The provision of
information to the entire governing body (e.g. copies of agendas,
etc.) should specifically indicate that there should be no e-mail
reply or other communication contrary to the OPMA.
[3]
In the rare instance where a response is requested, such request
must not involve any decisionmaking or deliberative function of the
governing body or otherwise address Township business that is subject
to the OPMA and shall not be made to the entire list of e-mail addressees,
so that even the appearance of impropriety may be avoided. Instances
such as this should be extremely rare and should only be informational.
(E.g. "I am attending the seminar on the 21st; if anyone else is going
or wants information, please let me know.") Substantive matters of
public business must never be the subjects of an e-mail discussion
between or among an effective majority of the governing body. Utilizing
a third party, such as the Clerk, does not change the requirements
of the OPMA.
[4]
"Rolling" e-mail conversations must also be avoided. One member of
the governing body or a third party may not contact other members
via e-mail individually to successively discuss or gain opinions on
an item of Township business. This applies to other forms of electronic
communications as well.
[5]
Members of the governing body or other Township officials providing
information to the governing body are encouraged to use the "bcc"
function or other similar function in order to eliminate or minimize
the prospects of a bulk reply that might increase the potential for
communications that might implicate the requirements of the OPMA.
(5)
Appointments.
(a)
The Township Council shall appoint the following officials
to the following terms:
[1]
The Township Council shall appoint a Municipal
Clerk. The term of the Municipal Clerk shall be three years, which
shall run from January in the year in which the Clerk is appointed.
The Municipal Clerk may attain tenure according to law.
[2]
The Township Council shall annually, during
the first seven days of January of each year, appoint a Township Solicitor.
The Township Solicitor shall serve for one year from the date on which
he or she is appointed or until his or her successor is named, whichever
period is longer.
[3]
The Township Council shall appoint a Township Manager. The Township Manager shall serve for an indefinite term as more specifically provided in § 3-21C.
[4]
The Township Council shall participate in the
appointment of the Township Tax Assessor if, and in the manner, prescribed
by law.
(6)
Budget. Upon submission by the Township Manager of
the municipal budget to the Council, the Council may amend any item
or items of such budget by complying with procedures delineated in
N.J.S.A. 40A:4-9.
(7)
Compensation. The Township Council shall be paid an
annual salary as provided in the annual Salary Ordinance in the same
manner as all other officers and employees.
C.
Salaries of Mayor and Council.
[Added 10-17-2005 by Ord. No. 2005-22]
(1)
The salaries of the Mayor and Council shall be determined
in compliance with the terms and conditions of this subsection.
(2)
The salaries of the Mayor and Council shall be reviewed
every two years and, as needed, adjusted in accordance with this subsection
as well as the Faulkner Act [1] and N.J.S.A. 40A:9-165, which requires the salaries of
the Mayor and Council and all other Township employees to be established
by a salary ordinance.
[1]
Editor's Note: See N.J.S.A. 40:69A-1 et seq.
(4)
Formal action to make any adjustments to the salaries
of the Mayor and Council shall be approved by a separate resolution
and may not be included with adjustments to the salaries of any other
employees or with any other action.
(5)
Before the adoption of a formal resolution to authorize
an adjustment to the salaries of the Mayor and Council, the salary
ordinance shall be reviewed and, if such adjustments are not within
the salary range, the resolution shall not become effective unless
and until the salary ordinance is amended to allow such adjustments.
(6)
Any adjustments made as a result of the procedure
established in this subsection shall take effect on January 1 following
the review and resolution adopted to approve such adjustments and
shall not be retroactive.
