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Township of Montville, NJ
Morris County
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Table of Contents
Table of Contents
[Adopted by Ord. No. 1308 as Ch. 2.04 of the 1998 Code]
The Township shall be governed by a Township Committee consisting of five members, who shall be elected at large for three-year overlapping terms by the voters at the general election as provided by general law and Title 19 of the Revised Statutes.
A. 
The legislative power of the Township shall be exercised by the Township Committee.
B. 
The Committee shall appoint and may remove a Township Administrator, the Municipal Clerk, all citizen members of the Planning Board, the Board of Adjustment, the Judge of the Municipal Court, Municipal Attorney and members of all other boards and commissions which the Committee may create. The Clerk shall serve an indefinite term but may be removed by the Committee at any time until tenure is earned in the manner provided by general law.
C. 
It is the intention of the Charter that the Committee shall act in all matters as a body, and it is contrary to the spirit of the Charter for any of its members to seek individually to influence the official acts of the Administrator or any other officers, to request or direct the appointment or removal of any person to or from office or to interfere with the performance by such officers of their duties. The Committee and its members shall deal with the administrative branch solely through the Administrator and shall not give orders to any subordinates of the Administrator, either publicly or privately.
D. 
The Committee shall, by Administrative Code, provide for continuation or creation of departments, boards and offices and shall define their powers and duties and may alter or abolish any or all such agencies.
A. 
The Committee may make investigations into the affairs of the Township and into the conduct of any Township department, office, commission or agency, and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. In addition to any other remedy, any person who willfully fails or refuses to obey a lawful order issued in the exercise of these powers by the Committee shall be adjudged a disorderly person, punishable by a fine of not more than $200 or by imprisonment for not more than 30 days, or both, in the discretion of the Municipal Court.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The Township Committee may hold and conduct such administrative hearings relative to the discipline or removal of Township employees, other than the Township Administrator, as may be appropriate and consistent with New Jersey Civil Service Law.
A. 
The Committee shall, by ordinance or resolution, determine its own rules or procedure, not inconsistent with the Charter; fix a regular meeting time; provide for special meetings; and adopt its standing order of business. The Mayor may, and upon written request of a majority of the members of the Committee shall, call a special meeting. In the call he shall designate the purpose of the special meeting, and no other business shall be considered.
B. 
All meetings of the Committee shall be open to the public, except as otherwise provided by law. The Clerk shall keep a journal of Committee proceedings and record the minutes of every meeting.
C. 
Quorum; voting. A majority of the whole number of members of the Committee shall constitute a quorum. The vote upon every 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 officer presiding at such meeting and by the Township Clerk.
The Committee may provide by ordinance for an annual salary for Committee members, but may change such salary only during the time provided by law for adopting the annual budget. In addition to such salary, Committee members may be paid their actual and necessary expenses incurred in the performance of the duties of their office.
A. 
At the annual organization meeting, the Committee shall elect one of their members as Chairman and another as Vice Chairman. The Chairman shall be known as "Mayor" of the Township but shall have no additional authority by virtue of such designation, except as may otherwise be provided herein. In the absence or disability of the Chairman, the Vice Chairman shall exercise the powers and duties of the Chairman and shall be known as the "Acting Mayor" of the Township.
B. 
The Mayor shall:
(1) 
Deliver to the Committee an annual message on the condition and needs of the Township.
(2) 
Preside at all meetings of the standing committee when he is in attendance and appoint, subject to the approval of a majority of the Committee, standing or special committees.
(3) 
Sign bonds, contracts, deeds and other legal documents on behalf of the Township and pursuant to law.
C. 
The powers and duties of the Mayor shall be only such as are expressly conferred upon him by the Charter.
The members of the Committee shall be the only elective Township officers. They shall be nominated and elected as required by the Charter at a general election, or if there is no general election in a year when an election is required to fill a vacancy, at an election to be held on the first Tuesday after the first Monday in November of such year, in accordance with the provisions of Title 19 of the Revised Statutes.