The legislative power of the municipality shall be exercised
by the Township Council (Council) pursuant to the authority vested
in N.J.S.A. 40:69A-36 and general law.
The Township Council, in addition to such other powers and duties
as may be conferred upon it by N.J.S.A. 40:69A-31 to 40:69A-48, or
otherwise by general law, may:
A.
Require
any municipal officer, in its discretion, to prepare and submit sworn
statements regarding his or her official duties in the performance
thereof, and otherwise investigate the conduct of any department,
office or agency of the municipal government.
B.
Remove,
by at least two-thirds vote of the whole number of the Township Council,
any municipal officer, other than the Mayor or a member of Council,
for cause, upon notice and an opportunity to be heard.
A.
Upon
the submission of the budget to the Township Council by the Mayor,
the Council may reduce any item or items in the Mayor's budget by
a vote of a majority of the Council, but an increase in any item or
items therein shall become effective only upon an affirmative vote
of 2/3 of the members of the Council.
B.
The
Council shall, where practicable, provide for the maintenance of a
system of work programs and quarterly allotments for operation of
the budget. It shall be the duty of the officer or department administering
any such program to develop or report appropriate unit cost of budgeted
expenditures.
C.
The
Council shall provide by ordinance for the exercise of a control function
in the management of the finances of the municipality by some officer
other than the Business Administrator. The control function shall
include provision for any encumbrance system of budget operation,
for expenditures only upon written requisition, for the preaudit of
all claims and demands against the municipality prior to payment,
and for the control of all payments out of any public funds by individual
warrants for each payment to the official having custody thereof.
The Council shall cause to be made an annual audit of its books,
accounts and financial transactions to be made and completed in accordance
with Local Fiscal Affairs Law.[1] The Council shall employ a registered municipal accountant
of New Jersey to prepare its annual audit.
[1]
Editor's Note: See N.J.S.A. 40A:5-1 et seq.
Pursuant to the Charter, at its organization meeting, the Council
shall elect a President of the Council from among the members thereof,
and the President shall preside at its meetings and perform such other
duties as the Council may prescribe. At said organization meeting,
the Council shall elect a temporary presiding officer, who shall be
the Council Vice President, to preside in the absence of the Council
President.
A.
The
President of the Council shall preside at its meeting.
B.
He
or she shall preserve order and decorum at all meetings of the Council.
C.
He
or she shall state every question coming before the Council.
D.
He
or she shall announce the decisions of the Council.
E.
He
or she shall decide all questions of order.
F.
He
or she shall appoint all special committees of the Council.
G.
He
or she may sign all ordinances and resolutions adopted by the Council
during his or her presence.
H.
He
or she shall sign the minutes of each meeting, along with the Municipal
Clerk.
I.
He
or she shall sign the bills list.
The Municipal Clerk shall serve as Clerk of the Council, keep
its minutes and records of its proceedings, maintain and compile its
ordinances and resolutions as the Optional Municipal Charter Act[1] requires, and perform such functions as may be required
by law.
[1]
Editor's Note: See N.J.S.A. 40:69A-1 et seq.
A.
Regular
meetings. The Council shall meet annually for organization on the
first day of January at 12:00 noon or at some other hour on any day
during the first week of January. The Council shall designate by resolution
the time of the holding of regular meetings, which shall be at least
monthly.
[Amended 12-11-2012 by Ord. No. 23-12]
B.
Special
meetings. The Mayor may, and upon written request of three Council
persons, shall, call a special meeting of the Council. In the call,
he or she shall designate the purpose of the special meeting and no
other business shall be considered.
C.
Open
to the public. All regular and special meetings of the Council shall
be open to the public.
D.
Quorum.
A majority of the whole number of members of the Council shall constitute
a quorum, but no ordinance shall be adopted by the Council without
the affirmative vote of a majority of all of the members of the Council.
A.
The
agenda for each regular and special meeting of the Council shall be
prepared by the Clerk. The agenda must be approved prior to the meeting
by either the Council President or by three members of the Township
Council. Except for emergency matters which may be added to the agenda
at any time with the approval of the Council President or three members
of the Township Council, the agenda for each regular meeting of the
Council shall include only such matters of Council business as have
been presented or delivered to the Clerk by Council persons no later
than the Thursday proceeding the meeting at 12:00 noon. As soon as
the agenda for each meeting has been prepared, the Clerk shall provide
a copy thereof to the office of each Council person, the Mayor, and
the Business Administrator.
B.
Consent
agenda. Items listed on the agenda which are considered routine by
the Council shall be placed under a subheading entitled "Consent Agenda."
Prior to voting upon any item on the consent agenda, the President
or presiding officer shall open the meeting to the public and the
Council to entertain requests for removal from the consent agenda.
There shall be no separate discussion of items on the consent agenda
unless a Council person so requests, in which event the item shall
be removed from the consent agenda and considered in its normal sequence
on the agenda. Those items which appear on the consent agenda are
not required to be read at the public meeting in their entirety but
may be read by description only. Those items so approved under the
consent agenda shall appear in the Council minutes in their complete
and proper form.
A.
General procedure. Except as otherwise provided herein, meetings
of the Council shall generally be conducted in accordance with Robert's
Rules of Order except as modified by Township Council.
B.
Mayor's participation. The Mayor may attend meetings of Council and
may take part in discussions of Council to the extent authorized under
N.J.S.A. 40:69A-41, but shall have no vote except in the case of a
tie on the question of filling a vacancy in the Council, in which
case he or she may cast the deciding vote.
C.
Presiding officer. The President or presiding officer shall not be
deprived of any of the rights and privileges of being a Council person
by reason of his or her acting as the presiding officer or President.
The President or presiding officer shall have the privilege of closing
debate.
No member of the public may address the Township Council except
during the portion of the meeting set aside for public comment pursuant
to N.J.S.A. 10:4-12 and during the opportunity to be heard upon second
reading of an ordinance pursuant to N.J.S.A. 40:49-2. Any person desiring
to address the Council shall first seek to be recognized by the Council
President. Upon recognition of said person, remarks during the public
comment portion of the meeting shall be within the time limits set
by Council by resolution in accordance with N.J.S.A. 10:4-12, for
public comment on any governmental issue that a member of the public
feels may be of concern to the residents of the municipality.
A.
Each member of the Council shall cooperate with the Chair in preserving
order and decorum, and no member shall, by conversation or otherwise,
delay or interrupt the proceedings of the Council nor disturb any
member while speaking nor fail to abide by the orders of the Council
or its President, except as specifically permitted by these rules.
B.
Any person who shall disturb the peace of the Council, make abusive
or slanderous remarks, or conduct himself or herself in an uncivil,
disruptive or threatening manner during a Township Council meeting
shall be asked by the presiding officer to submit to proper order.
If the person continues the manner of behavior and/or speech delineated
above, the presiding officer may ask said person to either submit
to proper order or voluntarily leave the proceedings. If the person
still continues the manner of disruptive behavior or speech during
the course of the meeting, the presiding officer may ask that the
person be removed from the Township Council meeting by a sworn officer
of the Township Police Department. This section shall apply to the
public comment section of the Township meeting, as well as to the
balance of the proceedings. Persons in attendance at Council meetings
are also subject to N.J.S.A. 2C:33-8.
[Amended 5-10-2011 by Ord. No. 18-11]
A.
Legislative powers shall be exercised by ordinance, except for the
exercise of those powers that, under the Mayor-Council Plan of government
or by 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. Those actions which may be exercised by resolution
shall include, but not be limited to:
(1)
The override of a veto of the Mayor.
(2)
The exercise of advice and consent to actions of the Mayor.
(3)
The conduct of a legislative inquiry or investigation.
(4)
The expression of disapproval of the removal by the Mayor of officers
or employees.
(5)
The removal of any municipal officer for cause in accordance with
N.J.S.A. 40:69A-37.
(6)
The adoption of rules for the Council.
(7)
Establishment of times and places for Council meetings.
(8)
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.
(9)
The election, appointment, setting of salaries and removal of officers
and employees of Council, subject to any pertinent civil service requirements
and any pertinent contractual obligations, and within the general
limits of the municipal budget.
(10)
The declaration of emergencies respecting the passage of ordinances.
(11)
Designation of the official newspapers.
(12)
Approval of contracts presented by the Mayor.
(14)
The expression of Council policies or opinions which require no formal
action by the Mayor.
B.
Drafting. Ordinances and resolutions shall be drafted by the Township
Law Department, any member of Council, Special Counsel or any person
designated by Council.
C.
Procedure for introduction of ordinances. Ordinances may be introduced
and read on first reading by reading the title only. After publication
and notice of hearing and upon the opening of the hearing, the ordinance
shall be given a second reading which may be by title, and thereafter
it may be passed with or without amendments, or rejected. Prior to
the second reading, a copy of the ordinance shall be posted on the
bulletin board or other public place upon which public notices are
customarily posted in the municipal building, and copies of the ordinance
shall be made available to members of the general public of the Township
who shall request such copies.
D.
Procedure for adoption of ordinances. An ordinance may be adopted
by the Council only by the affirmative vote of at least a majority
of all members of the Council. Each ordinance shall be published by
the Clerk, considered and adopted by the Council, and become effective
according to the procedure prescribed by the Charter.
E.
Voting. The vote of the Council upon every ordinance and resolution
shall be taken by the Clerk by roll call.
A.
All ordinances shall be introduced, read, heard and enacted in the
manner provided by general law. Each ordinance adopted by Council
shall be promptly delivered by the Clerk to the Mayor. Each ordinance
shall be returned by the Mayor to the Clerk after the Mayor has affixed
his or her signature thereto or after the expiration of 10 days from
the date of its delivery to the Mayor in any event.
B.
No ordinance or any item or part thereof shall take effect without
the Mayor's approval, unless the Mayor fails to return an ordinance
to the Council within 10 days after it has been presented to him,
or unless Council, upon reconsideration thereof on or after the third
day following its return by the Mayor, shall by a vote of 2/3 of the
members resolve to override the Mayor's veto.
Reports are to be read into the record at any Council meeting
and all resolutions shall be filed with the Township Clerk and entered
into the minutes of the Council.
Council shall deal with employees of the Department of Administration and other administrative departments solely through the Mayor or his or her designee. All contact with the employees, and all actions and communications concerning the administration of the government and the provision of municipal service shall be through the Mayor or his or her designee, except as otherwise provided by law and Township Code § 3-17 below.
Council may require any municipal officer to prepare and submit sworn statements regarding his or her official duties in the performance thereof, and otherwise investigate the conduct of any department, office or agency of the Township government. Nothing within § 3-17 herein shall be construed as to prohibit the Council's inquiry into any act or problem of the administration of the Township or as to deprive any member of Council of his or her rights as a citizen of the Township. Any Council person may, at any time, require a report on any aspect of the government of the Township by making a written request to the Mayor. Council may, by a majority vote of the whole of its members, require the Mayor or his or her designee to appear before the Council sitting as a committee to the whole, and to bring before the Council those records and reports, and officials and employees of the Township as the Council may determine necessary to ensure clarification of the matter under study. Council may further, by a majority of its members, consult with the Mayor or his or her designee to study any matter and to report to Council thereon. Council President may submit to Council a list of proposed subcommittees to consist of up to two members of Council on each subcommittee for the purpose so designated by Council. A Council member may be appointed to more than one subcommittee. Upon approval of the assignments to the subcommittees by the majority of Council, said subcommittees shall inquire into, investigate and/or report on those matters within their designated subject matter to the Council as a whole.
A.
Where required by law or in any part of this chapter, Council is
to exercise its powers of advice and consent.
B.
Time for submission of nominees.
(1)
The Mayor shall submit department head names within 60 days of adoption
of this chapter.
(2)
In the case of a vacancy in any office or position to which the advice
and consent of the Council is required as to the appointment, the
Mayor shall submit a nominee for the position to the Council within
60 days after the vacancy occurs.
(3)
If Council denies consent to the appointment of any nominee, either expressly or by Subsection C below, the Mayor shall be required to submit the name of another nominee for the office or position within 30 days from the date of the denial. The date of the denial shall be either the date the denial was formally acted upon by Council or 30 days after the submittal of the name by the Mayor, as applicable. The Mayor shall not resubmit the name of any nominee for which consent to the appointment was denied by Council. In the event this nominee is denied approval by Council, the procedure herein shall be repeated until an appointment is approved.
C.
Time for consent of nominees. If Council fails to grant consent to
a proposed nominee within 30 days after the submittal of the name
by the Mayor, consent shall be deemed denied.
D.
In the event a position or office remains vacant for more than 60 days, an acting department head must be appointed by the Mayor with advice and consent of Council from within the existing employees of the Township. The appointment of an acting department head shall be for a term of 60 days or until a permanent department head is approved pursuant to Subsection B above, whichever is sooner. This procedure for appointment of acting department head as delineated herein may be repeated at the expiration of the sixty-day term, if necessary. The Mayor shall not resubmit the name of any nominee for which consent to the appointment was denied by Council. If any position or office requires special licensing or certifications, and no current employee of the Township holds such qualifications, the position shall remain vacant until consent is granted by Council.
If the Mayor, in his or her discretion, intends to remove a
department head or any other municipal executive officer who is not
a subordinate officer or employee, including any tenured employee
other than the Municipal Clerk or an employee of whom Council is the
appointing authority, the Mayor must provide notice and opportunity
to be heard. The Mayor must file written notice of his or her intention
to remove with Council by filing such notice with the Municipal Clerk.
The Municipal Clerk shall stamp the notice with the date received
and immediately forward copies to all members of Council. Council
may disapprove the removal by adopting a resolution affirmatively
voted by no less than four Council members prior to the 20th day after
the filing of notice by the Mayor. The 20 days shall run from the
date the notice is stamped received by the Municipal Clerk. If Council
adopts such a resolution disapproving the removal, the person shall
retain their terms and conditions of employment as existed prior to
the time the Mayor expressed his or her intent to remove. If Council
does not adopt such resolution prior to the 20th day after the filing
of the notice with Council, the removal shall become effective.
