[Ord. No. 3158, 7-26-1988, § 2-2.1.]
There shall be a Council elected in accordance with N.J.S.A. 40:69A-81 et seq., which shall be comprised of seven members, elected at large, one of whom shall be elected by the Council as Mayor, as provided by law.
[Ord. No. 3158, 7-26-1988, § 2-2.2.]
Pursuant to N.J.S.A. 40:69A-83.3, the Council members elected at the first regular municipal election following the adoption of the Council-Manager Plan (who shall take office on July 1, 1988, pursuant to law) shall serve for the following terms: Three shall serve for four years and four for two years. The length of the respective term of each member of the first Council (taking office on July 1, 1988) shall be determined by lot at the organization of the Council on July 1, 1988. Thereafter, the term of office of each Council member elected at a regular municipal election shall be for a term of four years, pursuant to N.J.S.A. 40:69A-83.
Vacancies in office shall be determined pursuant to N.J.S.A. 40A:16-1 et seq., known as the "Municipal Vacancy Law."
[Ord. No. 3158, 7-26-1988, § 2-2.3.]
Pursuant to N.J.S.A. 40:69A-82, the Township shall be governed by an elected Council and an appointed Manager and such other officers and employees as may be duly appointed pursuant to law and pursuant to N.J.S.A. 40:69A-88, all powers of the Township and the determination of all matters of policy shall be vested in the Council, except as otherwise provided by the Optional Municipal Charter Law (N.J.S.A. 40:69A-1 to 69A-210) or by general law (as defined in N.J.S.A. 40:69A-28). Pursuant to N.J.S.A. 40:69A-90, the Council shall 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.
[Ord. No. 3158, 7-26-1988, § 2-2.4.]
The Council is responsible for the fiscal and financial policies of the Township and shall have the duty to raise the revenues required by the Township and to adopt an annual budget, which will include all appropriations required by state law.
[Ord. No. 3158, 7-26-1988, § 2-2.5.]
Within the framework of the policies established by the Council are the delegated duties of the Manager, his department heads and other appropriate officials and employees of the Township. The Council shall require the Manager to establish the organizational structure, duties, plans and responsibilities of those department heads and their major subordinates, reporting to the Manager within the framework of the general administrative policy set forth herein and to submit such written plans, organization and operational delineation of duties to the Council for concurrence and approval, within 30 days of the adoption of the Charter; thereafter, revisions and modifications shall be reviewed and submitted to the Council semiannually and at such other times as significant changes are necessary or as the Council may require. Included among the foregoing reports by the Manager to the Council shall be the following:
A current personnel procedures manual.
A current purchasing procedures manual.
A current risk management procedures report.
All current labor contracts of the Township.
A current space allocation report, containing the number of square feet used by all departments and offices and a projection of future needs.
The Manager's written opinion of each department and office of the Township, including, without limitation, whether or not each is operating at peak efficiency, is properly budgeted, is properly staffed and whether any new capital items or personnel transfers are requested for the next budget year.
An inventory program for all Township property.
The Council shall establish such other and further procedures and goals for the Manager as it from time to time deems necessary.
[Ord. No. 3158, 7-26-1988, § 2-2.6; Ord. No. 3399, 8-9-1994, § 1.]
The Council shall appoint, within the framework of appropriate ordinances and resolutions adopted by the Council and within the authority of all general laws and statutes of the State of New Jersey, including, without limitation, N.J.S.A. 40:69A-89, 40:69A-95, 40A:9-146 and 2A:8-5, the following personnel: Tax Assessor, Auditor, Attorney, all legal assistants specified in Section 2-35 of this Township Code, Manager, Clerk, Judge of the Municipal Court, Class III and IV members of the Planning Board and two alternates, all members of the Zoning Board of Adjustment and two alternates, and such other officers, offices and boards as are permitted or required by law and/or as the Council may deem necessary for the proper and efficient conduct of the affairs of the Township.
[Ord. No. 3158, 7-26-1988, § 2-2.7; Ord. No. 19-2016, 5-31-2016]
The Mayor shall preside at all meetings of the Council and shall have a voice and a vote in its proceedings but shall not have the power of veto. The Mayor shall appoint the members of and fill vacancies in the Library Board and shall appoint the Class II member of the Planning Board and shall sit as the Class I member of the Planning Board. All bonds, notes, contracts and written obligations of the Township shall be executed on its behalf by the Mayor or, in the event of the absence or disability of the Mayor, by the Deputy Mayor I or, in the event of the absence or disability of both the Mayor and Deputy Mayor I, by the Deputy Mayor II. The term of the Mayor, Deputy Mayor I and Deputy Mayor II shall be for two years and shall expire upon the election of a successor at the next organizational meeting of the Council. If a vacancy occurs in the office of Mayor, by reason of death, resignation or otherwise, the Deputy Mayor I, or in the absence of the Deputy Mayor I, then the Deputy Mayor II, shall become the acting Mayor, with all the powers and duties of the Mayor, until a successor Mayor is elected and qualified at the next reorganizational meeting.
[Ord. No. 3158, 7-26-1988, § 2-2.8; Ord. No. 19-2016, 5-31-2016]
Except as otherwise provided by law, for the first meeting on adoption of the Council-Manager Plan of government, the Council shall, on July 1 following the municipal election, assemble at the usual place of meeting of the Council, on or after 12:00 noon, to organize itself and elect one of its number as Mayor, another as Deputy Mayor I, another as Deputy Mayor II and make such other appointments, perform such other functions and carry on such other business as is appropriate.
[Ord. No. 3158, 7-26-1988, § 2-2.9; Ord. No. 3162, 8-9-1988, § 2; Ord. No. 3361, 6-22-1993, § 1; Ord. No. 3488, 12-3-1996, §§ 1, 2; Ord. No. 3692, 10-30-2001, §§ 1, 2; Ord. No. 3702, 2-5-2002, § 1; Ord. No. 3735, 11-12-2002, § 1; Ord. No. 3848, 1-4-2005, § 1; Ord. No. 4139, 8-18-2009, § 1.]
Regular meetings. The Council shall hold regular meetings as set forth on the annual schedule of meetings or as determined by the Council by periodic resolution, beginning at 7:00 p.m. unless a different starting time is designated in the notice of meeting. The Council may by resolution dispense with one or more meetings otherwise scheduled. When the time for a regular meeting falls on a legal holiday, as prescribed by law, such meeting shall be held at the same hour on the next regular scheduled Council meeting. The Clerk shall post a copy of the agenda, copies of the full text of all ordinances (within 24 hours of the Council's affirmative vote to introduce an ordinance by title only) and copies of resolutions on the bulletin board, in the Municipal Building and shall provide sufficient copies of the same (when required) to the members of the public attending Council meetings or who request the same by mail.
Organizational meetings. On July 1 following a municipal election, the Council shall hold an organizational meeting, at which time the Clerk shall preside over the meeting until a Mayor is elected. Following the election of a Mayor, who shall then preside over the meeting, a Deputy Mayor I shall be elected who shall preside in the absence of the Mayor. Following the election of Deputy Mayor I, a Deputy Mayor II shall be elected who shall preside in the absence of both the Mayor and Deputy Mayor I.
[Amended by Ord. No. 19-2016, 5-31-2016]
Special meetings. Special meetings may be called at any time by the Mayor, or upon written request of a majority of the full membership of the Council. The business of a special meeting shall be specified in the call for such meeting and no other business may be considered. The call for such special meeting shall be delivered to the Clerk, who shall forthwith deliver written notices of said special meeting to each member of the Council at his or her residence or at such place as shall have been previously designated by the Council for that purpose. All special meetings shall comply with the Open Public Meetings Act and may not be called on less than 48 hours' advance notice to the designated newspapers to receive notice under the Open Public Meetings Act and to the members of the Council, as set forth above, unless the Council declares that an emergency exists affecting the health, safety and welfare of the people, requiring a meeting in a shorter time and in compliance with the emergency provisions of the Open Public Meetings Act. In such event, the Clerk, on the filing of a call for an emergency special meeting, shall forthwith notify the members of the Council by telephone, telegraph or such other means at the Clerk's disposal and in accordance with the Open Public Meetings Act. The Police Department shall cooperate with the Clerk in effecting the service of such notice. A special meeting may be held without prior notice, upon a written waiver of notice, executed by a quorum of all of the members of the Council and filed with the Clerk, provided such meeting complies with the Open Public Meetings Act.
Continued meetings. A continued meeting shall be a continuation of the last preceding meeting, business being resumed where it was left at the time of adjournment. A continued meeting shall complete the business of the last preceding meeting and shall not initiate new business.
Township officers or employees shall attend the regular or special meetings if required by the Manager.
Meeting agendas. Any member of the Council may add items to a regular meeting agenda, provided that said addition is given to the Clerk no later than Thursday 12:00 noon with respect to the meeting on the following Tuesday.
Closed session meetings. The Council may hold a closed session meeting in accordance with N.J.S.A. 10:4-6 et seq. (the Open Public Meetings Act) at any meeting as set forth on the annual schedule of meetings or as may otherwise be determined by the Council following the adoption of a resolution the open portion of the meeting to enter into closed session in accordance with the provisions of the Open Public Meetings Act.
[Ord. No. 3158; 7-26-1988, § 2-2.10; Ord. No. 3361, 6-22-1993, § 1; Ord. No. 3736; 11-12-2002, § 1; Ord. No. 3849, 1-4-2005, § 1; Ord. No. 4139, 8-18-2009, § 1; Ord. No. 15-2015, 3-24-2015]
The business of the Council at regular meetings and, as applicable, at special meetings shall be taken up for consideration and disposed of in the following order, unless such order is changed by a majority vote of a quorum present of the Council:
Mayor's announcement of Open Public Meetings Act statement.
Roll call of Council members in attendance.
Motion to go into closed session.
Closed session discussion.
Motion to return to open session.
Pledge of allegiance.
Mayor's announcement of Open Public Meetings Act statement.
Roll call of Council members in attendance.
Proclamations and presentations (if any).
Notwithstanding the foregoing, Council may modify the order of business to accommodate the public or to deal with a matter of priority.
The public shall be allowed to comment for a period not to exceed three minutes per person on such matters for which the law requires a hearing to be conducted. Under the portion of the meeting open to the public for good and welfare or public input on any matters on the agenda, the public shall be allowed to comment for a period not to exceed three minutes per person on any matter in the nature of good and welfare, whether or not on the agenda, and on any matters on the agenda for a total period not to exceed one hour if needed to entertain public comments as permitted by this section. At the conclusion of the public comment portion of good and welfare, each Council member may respond for a time period not to exceed three minutes, and thereafter the agenda shall be resumed. During any time the public is allowed to speak, including good and welfare, the Mayor, as presiding officer, shall have discretion to cut off any repetitive, irrelevant or excessive public comment in the interests of allowing members of the public time to speak and completing the public business within a reasonable period of time.
The close of a meeting shall be 11:00 p.m. in order to permit decisions to be made at a time that is conducive to thoughtful and alert participation by both the public and the Council, unless the Council votes to extend the time for such meeting.
Official action may be taken at both the formal session and the work session portion of any regular or special meeting.
[Ord. No. 3158, 7-26-1988, § 2-2.11; Ord. No. 4139, 8-18-2009, § 1]
The minutes of previous meetings of the Council may be approved without reading if the Clerk has previously furnished each member of the Council with a copy thereof three working days preceding the meeting at which the minutes are to be approved; however, any member of the Council may cause the minutes or any part thereof to be read prior to approval.
[Ord. No. 3158, 7-26-1988, § 2-2.12; Ord. No. 4139, 8-18-2009, § 1]
A majority of the members elected to the Council shall constitute a quorum at a regular or special meeting. In the event that no quorum is present within 30 minutes following the appointed time for a meeting, the Clerk shall declare the meeting adjourned.
[Ord. No. 4139, 8-18-2009, § 1]
Except where a greater vote is otherwise required by law, the adoption of an ordinance shall require the affirmative vote of a majority of all the members of the Council, and all other matters may be passed by the affirmative vote of a majority of a quorum of the Council present.
Editor's Note: Former § 2-19, Rules of order, was repealed 1-4-2005 by Ord. No. 3850.
[Ord. No. 3158, 7-26-1988, § 2-2.14; Ord. No. 3851, 1-4-2005, § 1; Ord. No. 4139, 8-18-2009, § 1]
The rules of procedure attached hereto as Appendix I are incorporated herein by reference as if fully set forth and are intended as the rules for the conduct of all meetings of the Council.
Editor's Note: Appendix I is included as an attachment to this chapter.
[Ord. No. 3158, 7-26-1988, § 2-2.15; Ord. No. 4139, 8-18-2009, § 1]
The Council may suspend the rules of procedure or the order of business at any meeting for an emergent or special purpose.
[Ord. No. 3158, 7-26-1988, § 2-2.16; Ord. No. 4139, 8-18-2009, § 1]
All meetings of the Council shall be held in accordance with the provisions of the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq., as now or hereafter amended.