[HISTORY: Adopted by the Borough Council of the Borough of Hampton as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-9-1991 by Ord. No. 12-91; amended in its entirety 12-9-1991 by Ord. No. 14-91]
The Mayor and Council (hereinafter "governing body members") shall receive such salary as is provided for in the yearly salary ordinance, provided that if a governing body member is delinquent in the payment of real estate taxes or water company fees, his or her net salary (after deductions), or any part thereof that is due and owing, shall be credited to the payment of the delinquent real estate taxes or water company fees due and owing by the governing body member.
In the event that it becomes necessary to credit the salary of any governing body member because of delinquent real estate taxes or water company fees, the Chief Financial Officer shall advise the governing body member, in writing, 10 days in advance of doing so.
[Adopted 12-9-1991 by Ord. No. 16-91]
This article shall be known and may be cited as the "Administrative Code of the Borough of Hampton" and is herein referred to as the "code."
Organization. The Council shall consist of the Mayor and six Councilmen, all of whom shall be elected at large in the Borough and take office in the manner provided by law. Their terms of office shall commence January 1 next following their election.
Vacancies. Pursuant to Borough law, a vacancy occurring in the office of the Mayor, whether by resignation or otherwise, shall be filled by the Council until the next general election and until the election and qualification of a successor. At such next general election, the person elected to fill such vacancy shall be elected for the unexpired term only. All vacancies in other elected offices shall be filled by nomination of the Mayor and appointment by him or her, with the advice and consent 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. All appointments to fill vacancies on the Council shall be until January 1 following the next general election. If such vacancies shall occur at so short a period of time before the next general election that the office cannot be filled at the election, the vacancy shall be filled in the same manner as though it had occurred immediately after the election at the next subsequent general election for such portion of the term, if any, as may still remain unexpired. At such next general election, the person elected to fill the vacancy shall be elected for the unexpired term only.
Rules of Council. The Council shall by resolution adopt rules of procedure not inconsistent with this code. The rules shall provide for standing committees of the Council.
Ordinances and resolutions. The Council shall take appropriate action to ensure that ordinances and resolutions of the preceding year are compiled and codified.
The Council shall meet for organization on the first day of January or during the first seven days in January in any year at the call of the incoming Mayor. Thereafter, the Council shall meet regularly within the Borough at such times and places as provided by the rules of the Council. The Mayor shall, when necessary, call special meetings of the Council. In case of his or her 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. The call for a special meeting shall be filed with the Borough Clerk and shall be served upon each Council member as provided by law, and such other notice shall be given as provided by law.
The Mayor shall preside over all meetings of the Council but shall not vote except to give the deciding vote in the case of a tie. Except as otherwise provided by statute, the Mayor shall nominate and, with the advice and consent of the Council, appoint all officers of the Borough. No appointment requiring Council approval and 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 case of a tie. Vacancies in appointive offices 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 be the head of the municipal government and shall have all powers designated by general law.
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 or she may deem necessary or expedient for the welfare of the Borough. He or she 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 Council.
At its annual organizational meeting, the Council, by a majority vote, shall elect from its 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 or she shall have the right to debate and vote on all questions before the Council. If the Council, at its annual meeting, fails to elect a President, the Mayor shall appoint the President from the Council and, in that case, no confirmation shall be necessary. If the Mayor is absent from the Borough for a period of three consecutive days or for any reason is unable to act, the President of the Council shall perform all the duties of the Mayor during his or her absence or inability. The Mayor, in case of his or her intended absence from the Borough for more than three days at any one time, shall notify the President, in writing, of such intended absence, whereupon the President shall become Acting Mayor from the receipt of such notice and continue to act until the Mayor's return. In case of the temporary inability of the President to so act, the Council member having the longest term of service as such may act temporarily for the President.