[HISTORY: Adopted by the Borough of Rutherford Council 10-27-2009 by Ord. No.
3191-09.[2] Amendments noted where applicable.]
GENERAL REFERENCES
Administrative offices — See Ch. 4.
Personnel policies and practices — See Ch. 70.
Purchasing — See Ch. 81.
[1]
Editor's Note: Former Ch. 5, Advertising, adopted 7-7-1936
by Ord. No. 1383, was repealed 11-10-1998 by Ord. No. 2855-98.
[2]
Editor's Note: This ordinance also provided that divisions
of it shall take precedence over any other part of the Code which
is specifically modified by the terms hereof, or is in conflict with
said terms.
A.
The
Mayor and Council shall hold an annual meeting on the first day of
January at 12:00 noon, or during the first seven days of January in
any year.
B.
At
its annual meeting the Council shall, by the vote of a majority of
its number, elect a President of the Council who shall preside at
all 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 and shall have the right to debate and vote on all questions
before Council. If the Council fails to elect a President at the annual
meeting, the Mayor shall appoint the President from the Council and,
in that case, no confirmation by the Council shall be necessary.
C.
The
President of the Council shall perform all the duties of the Mayor
during any period in which the Mayor is absent from the Borough for
three days or more, or is unable to perform the duties of his or her
office. Where such absence is intended, the President of the Council
shall become the Acting Mayor until the Mayor's return. If the President
of the Council is unable to perform the duties of the Acting Mayor,
then the member of Council with the longest term of service may act
temporarily for the President of the Council.
D.
Three
Council members and the Mayor or, in the absence of the Mayor, four
Council members, shall constitute a quorum for transacting business.
E.
The
Council may, at its annual meeting, establish for its members such
committees of the Council as will assist it for the ensuing year.
F.
The
Council shall hold such other meetings, at such time and place as
it may by resolution direct, but all regular meetings shall be held
within the Borough.
G.
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 meeting at such time and place in the Borough
as they may designate, and in all cases of special meetings notice
shall be given to all the members of the Council, or left at their
places of residence.
A.
The
Mayor shall be the head of the municipal government.
B.
The
Mayor shall have all those powers designated by general law.
C.
The
Mayor shall preside at meetings of the Council and may vote to break
a tie.
D.
Every
ordinance adopted by the Council shall, within five days after its
passage, Sundays excepted, be presented to the Mayor by the Borough
Clerk. The Mayor shall, within 10 days after receiving the ordinance,
Sundays excepted, either approve the ordinance by affixing the Mayor's
signature thereto, or return it to the Council by delivering it to
the Clerk, together with a statement setting forth the Mayor's objections
thereto or any item or part thereof. No ordinance or any item or part
thereof shall take effect without the Mayor's approval unless the
Mayor fails to return the ordinance to the Council, as prescribed
above, or unless the Council, upon consideration of the ordinance
following its return shall, by a vote of two-thirds of all the members
of Council, resolve to override the veto.
E.
No
ordinance shall be passed, or appointment of any subordinate officer
of the Borough be confirmed, except by a vote of a majority of the
members of the Council present at the meeting provided that at least
three affirmative votes shall be required for such purpose, the Mayor
voting only in the case of a tie.
F.
If
any ordinance contains more than one distinct section, clause, or
item, the Mayor may approve one or more thereof and veto the rest.
G.
The
Mayor shall nominate and, with the advice and consent of Council,
appoint all subordinate officers of the Borough, unless the specific
terms of the general law clearly require a different appointment procedure.
He or she shall make his or her nomination to any such office within
30 days of that office becoming vacant.
H.
The
Mayor shall see to it that the laws of the State, and the ordinances
of the Borough, are faithfully executed. He or she 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.
A.
The
Council shall be the legislative body of the municipality.
B.
The
Council may, subject to general law and the provisions of this act:
(1)
Pass, adopt, amend and repeal any ordinance or, where permitted,
any resolution for any purpose required for the government of the
municipality, or for the accomplishment of any public purpose for
which the municipality is authorized to act under general law;
(2)
Control and regulate the finances of the municipality and raise money
by borrowing or taxation;
(3)
Create such offices and positions as it may deem necessary. The officers
appointed thereto shall perform the duties required by law and the
ordinances of the Council;
(4)
Investigate any activity of the municipality;
(5)
Remove any officer of the municipality, other than those officers
excepted by law, for cause; and
(6)
Override a veto of the Mayor by a two-thirds majority of all the
members of the Council.
C.
The
Council shall have all the executive responsibilities of the municipality
not placed by general law or this act in the office of the Mayor.
D.
The
Council, whenever it fails to confirm the nomination by the Mayor
of any official to a subordinate office of the Borough within 30 days
of being presented such nomination, shall make the appointment to
that office 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.
E.
The
Borough Council may create such advisory councils to the municipality
as it may choose, including councils for the functions absorbed by
it of any heretofore existing boards, commissions or districts (N.J.S.A.
40A:60-7).
The Borough Clerk shall attend all meetings of the Council,
keep a correct record of all its proceedings, and perform such other
duties as the Council may require, or as may be directed by law.
A quorum must be present for a meeting of the governing body.
Three or more Council members and the Mayor, or four or more Council
members without the Mayor, shall constitute a quorum.
A.
Any
and all matters which members of the governing body wish to bring
to the attention of the Mayor and Council at any meeting shall be
filed with the Borough Clerk not later than 48 hours before the meeting.
Any item of business not on the agenda which a member of the governing
body wishes to be considered by the Mayor and Council shall only be
considered upon consent of a majority of the Council members present.
The Borough Clerk shall prepare a written agenda of all such matters
to be brought before any meeting of the Mayor and Council. The agenda
shall include the following:
(1)
A consent agenda consisting of any matters which may be approved
collectively upon one motion, duly made and seconded; provided, however,
that the Mayor or any member of the Council may remove a matter from
the consent agenda for full discussion of such matter by the governing
body;
(2)
A list of bills presented for payment;
(3)
A copy of any ordinance proposed to be introduced on first reading;
(4)
A copy of any written resolution intended to be acted upon by the
Mayor and Council; and
(5)
Any other item requested to be included by the Mayor or a Council
member.
B.
Members
of the public shall be given the opportunity to speak on any subject
relevant to the business of the governing body at every meeting of
the Mayor and Council. Said opportunity to speak shall be limited
to five minutes unless a majority of the Council agrees to a longer
period.
C.
No
item of business shall be introduced at a Council meeting which does
not appear on the agenda unless approved by a majority of those members
of the Council present; provided, however, that nothing herein shall
be deemed to restrict the right of a citizen to bring a matter before
the Council.
D.
A
copy of the list of bills, any ordinance proposed to be introduced
on first reading, any written resolution intended to be acted upon
by the Mayor and Council, and any other items included on the agenda
shall be made available for inspection by the general public at the
regular meeting of the Mayor and Council.
A.
Annual
organizational meeting. The Mayor and Council shall hold an annual
meeting on January 1, or during the next following weekday not a legal
holiday, and such other meetings, or adjourned meetings, at such time
and place as they may by resolution direct. At the organizational
meeting, the Mayor and Council shall adopt a resolution authorizing
the "annual notice" required by N.J.S.A. 10:4-8d containing the time,
date and, to the extent known, the location of each meeting to be
held during the forthcoming year. All meetings held in accordance
with the "annual notice" shall be considered regular meetings of the
Mayor and Council.
B.
Regular
meetings. There shall be two regular meetings each month:
(1)
A meeting known as the first regular meeting of the month, conducted
on a date set by resolution at the annual organizational meeting and
advertised pursuant to N.J.S.A. 10:4-8d(l), for the purpose of considering
any matters as may properly come before the Council. Unless otherwise
modified by the governing body, the order of business at this meeting
shall be as follows:
(a)
Roll call.
(b)
Salute to the flag.
(d)
Borough Engineer's report.
(e)
Borough Administrator's report.
(f)
Review of changes to proposed agenda.
(g)
Scheduled presentations.
(h)
Hearing of citizens.
(i)
Review of minutes, payment of bills.
(j)
Committee agenda items and general discussion.
(k)
New, unfinished and/or miscellaneous business.
(l)
Motion to approve agenda items.
(n)
Ordinances
on second reading, including public hearing.
[Added 7-26-2011 by Ord. No. 3232-11]
(o)
Adjournment.
(2)
A meeting known as the second regular meeting of the month, conducted
on a date set by resolution at the annual organizational meeting,
and advertised pursuant to N.J.S.A. 10:4-8d(l), for the purpose of
considering any matters as may properly come before the Council. Unless
otherwise modified by the governing body, the order of business at
this meeting shall be as follows:
(a)
Citizen awards and commendations (Council chambers): 7:00 p.m.
(b)
Roll call 7:15 p.m., or immediately following awards (work room).
(c)
Salute to the flag and silent prayer.
(e)
Review of changes to proposed agenda.
(f)
Hearing of citizens.
(g)
Review of minutes and payment of bills.
(h)
Committee agenda items and general discussion.
(i)
Relocate to council chambers.
(j)
Monthly committee reports.
(k)
Hearing of citizens (agenda items only).
(l)
Motion to approve consent agenda and vote on other agenda items.
(m)
New, unfinished and/or miscellaneous business.
(n)
Ordinances on first reading.
(o)
Ordinances on second reading, including public hearings.
(p)
Adjournment.
(3)
The order of business at any meeting of the Mayor and Council may
be modified with the consent of a majority of those present.
C.
Executive
sessions. The Council may, at any time during any meeting, on motion
of a majority of those present, go into executive session and exclude
the public, when permitted by applicable law to do so. Matters discussed
in executive session shall not be disclosed to the public until disclosure
is required by law or a majority of the Council agrees that the matter
should be made public, and there is no law which requires that the
matter not be made public.
D.
Rules
of order at meetings. The following rules of order shall be observed
at all Council meetings:
(1)
No resolution or motion shall be put to a vote unless seconded.
(2)
No member shall occupy more than five minutes at a time without the
majority of the Council present.
(3)
No person shall speak more than twice on the same subject without
a majority of the Council present.
(4)
While a member is speaking, no member shall entertain any private
discourse.
(5)
When a question has been put and decided, it shall be in order for
any member who voted with the majority to move for reconsideration
thereof, provided the same shall be moved the same day, or at the
next regular meeting.
(6)
The deliberations of the Council shall be governed by Robert's Rules
of Order as revised.
(7)
No member of the public shall speak for more than five minutes on
any subject without the approval of the Mayor or a majority of the
Council present.
(8)
A curfew of 11:00 p.m. will be observed for all committee of the
whole or regular meetings. It may be waived by a vote of 2/3 of those
present.
A.
Pursuant to the authority granted by N.J.S.A.
40A:60-7, the Council hereby organizes itself into the following standing
committees: Finance, Police, Fire, Public Works, Buildings, Grounds
and Utilities, and Recreation and Human Resources. Each committee
shall have a primary and secondary member. The Council, from time
to time, may modify, eliminate or appoint additional standing committees
by consent of the Council.
[Amended 2-11-2019 by Ord. No. 3489-19]
B.
Committee members appointed pursuant to Subsection A above shall act as liaisons to those municipal organizations which fall under the responsibilities assigned to their committees, unless the power to act as liaisons to a municipal organization is otherwise granted to the Mayor by law or statute.
C.
All
committees, both standing and special, shall make oral reports of
their activities at regular meetings during the year, and an annual
report in writing at the end of the year. Nothing in this rule shall
prevent the presentation of divergent reports from the two members
of a committee.
D.
Responsibilities.
(1)
Standing committees appointed by the Council shall have the following
responsibilities:
(a)
Police Department. The Committee on Police shall report on matters
connected with the Police Department and the preservation of the peace
and good order. This Committee shall also report to the Council on
matters connected to the following Borough entities: OEM, crossing
guards, Violations Bureau and Municipal Court, and shall act as Council
liaison to the Pedestrian Safety Task Force.
[Amended 2-11-2019 by Ord. No. 3489-19]
(b)
Finance. The Committee on Finance shall examine and report on budget
matters, and from time to time shall report on the financial condition
of the Borough. This Committee shall report to the Council as necessary
on matters connected to the following Borough departments: Finance,
Purchasing, Tax Collection, Tax Assessment, and shall act as Council
liaison to the Citizens Finance Committee.
[Amended 2-11-2019 by Ord. No. 3489-19]
(c)
Department of Public Works. The Committee on Public Works shall report
on matters concerning the Department of Public Works and its activities,
including solid waste, recycling, streets, parks, stormwater management,
and shall act as Council liaison to the Recycling and Environment
Committee.
[Amended 2-11-2019 by Ord. No. 3489-19]
(d)
Buildings, Grounds and Public Utilities. The Committee on Buildings
and Utilities shall report on the activities of the Building Department
and the condition of publicly owned or operated buildings and utilities.
[Amended 2-11-2019 by Ord. No. 3489-19]
(e)
Fire Department. The Committee on Fire shall report on matters concerning
the Bureau of Fire Safety and the Fire Department and its activities.
[Amended 12-28-2020 by Ord. No. 3542-20]
(f)
Recreation Department/Human Resources.
The Committee for Recreation/Human Resources shall report on the activities
of the Recreation Department, including recreation youth sports, league
sports, field and sports facilities maintenance, and community events.
It shall also report on Borough hiring, labor, employee benefits and
other related employment conditions.
[Amended 2-11-2019 by Ord. No. 3489-19]
(2)
Where there is a question regarding which standing committee should
have responsibility for a particular issue, municipal activity, or
municipal organization, a majority of the full Council shall determine
which committee shall have responsibility.
E.
The following special committee/liaison assignments
shall be organized by the Council at the annual reorganization meeting
and assigned to the chosen council member(s): the Access for All Committee,
the Local Assistance Board, the Shade Tree Commission, the Nereid
Boat Club, the Passaic River Coalition, Green Acres, Ambulance Corp
and Felician University. Any other assignments to ad hoc committees
not listed within this section or established by the governing body
during the year will be organized by the Council.
[Added 2-11-2019 by Ord. No. 3489-19; amended 12-28-2020 by Ord. No.
3542-20]
A.
A
copy of any proposed ordinance shall be presented to each member of
the governing body before it is presented for introduction.
B.
All
proposed ordinances shall generally be introduced by a member of the
committee to which the subject matter has been assigned. The member
shall introduce the ordinance, and briefly describe it on first reading
or on second reading. The Clerk shall read and introduce the ordinance
by title only. The member shall then move that the ordinance be passed
on first or second reading, which motion shall require a second.
C.
After
introduction and reading, and motion and second for passage, the Mayor
shall request that the Clerk take roll call as to each member's aye
or nay vote on passage of each ordinance. The Clerk shall take the
roll call vote on passage or nonpassage of each ordinance.
D.
All
ordinances, whether on first or second reading, shall be read by the
Clerk by title only. Any member may request that an ordinance be read
in its entirety at the time of its introduction on first reading,
or on second reading. Such request shall be honored upon the unanimous
consent of all Council present.
E.
An
ordinance passed on first reading shall be published in the Borough's
official newspaper in accordance with law. Following passage of an
ordinance on second reading, the Clerk shall endorse on the ordinance
the date of passage thereof, and shall present the ordinance to the
Mayor for his or her signature within five days from passage thereof.
F.
Upon
passage, every ordinance or the title, together with a notice of the
date of passage, shall be published at least once in the Borough's
official newspaper. The ordinance shall take effect in accordance
with law.
G.
After
the passage of an ordinance, it shall be properly numbered and recorded
at length by the Borough Clerk in the ordinance book, and proof of
publication of the same shall be attached to the original ordinance.
H.
The
Borough Clerk shall enter only the title of any ordinance and reference
to amendments into the minutes of the meetings.
[Amended 2-23-2010 by Ord. No. 3196-10]
A.
All purchases must comply with the bidding requirements, and other
requirements, imposed by the Local Public Contracts Law, N.J.S.A.
40A:11-1, et seq.
B.
Prior to committing to any purchase, a requisition signed by the
department head of the requesting department shall be presented to
the Chief Financial Officer to ensure the availability of funds and
that the proper budgetary account is charged, and to the Borough Administrator,
or in the absence of a Borough Administrator by anyone the Council
designates by resolution. Requisitions under the current bid threshold
($40,000 at the time of the most recent amendment to this subsection)
shall be signed by the department head of the requesting department,
the Chief Financial Officer, and the Borough Administrator, or in
the absence of a Borough Administrator by anyone the Council designates
by resolution. Requisitions above the current bid threshold ($40,000
at the time of the most recent amendment to this subsection) shall
also be presented to the appropriate Councilperson and are subject
to Council approval. However, a Councilperson's signature is not required
for any requisitions that are statutory and contractually negotiated,
including but not limited to requisitions for health benefit payments,
insurance payments, distribution of tax levies, sewer utilities, pension
payments and debt payments.
[Amended 6-26-2018 by Ord. No. 3464-18]
C.
The Borough Administrator or, in the absence of a Borough Administrator,
the Council may delegate the review and approval of requisitions for
purchases costing less than $1,000 to the Purchasing Agent or other
appropriate individual. That delegation by the Administrator must
be in writing or resolution of the Council and filed with the Borough
Clerk, specifying the classes of requisitions over which authority
is delegated.
D.
For all requisitions, the Borough Administrator or his or her delegate
or the Council's delegate shall review the requisition to determine
that it is necessary and appropriate for purchase at that time, and/or
is a planned and budgeted expenditure.
E.
Whenever possible, written quotations shall be obtained for all purchases.
If the cost of purchasing the material is below the bid threshold
established by New Jersey Public Contracts Law N.J.S.A. 40A:11, but
over $3,150 (or present quote threshold), a reasonable effort must
be made to obtain at least three written quotes before entering into
any contract.
F.
Upon receipt of a certification of availability of funds, the requisition
shall be filed in the Purchasing Office, and shall be available for
review by any member of the Council.
G.
The appropriate standing committee may specify in writing, filed
with the Borough Administrator, that certain classes of requisitions
shall require its specific approval prior to a purchase order being
given. If so specified, a member of the committee shall review all
requisitions falling into that class.
H.
An objection to any requisition must be made in writing. If an objection
is unable to be reconciled, or if the standing committee fails to
approve the requisition, the requisition shall be presented to the
governing body for consideration at the next council meeting by the
Borough Administrator, or any Councilmember who believes that the
purchase is in the best interests of the Borough
I.
If no objections are noted, or if any noted objection is resolved,
the Chief Financial Officer or Purchasing Agent may proceed to issue
a purchase order as soon as expedient, and purchase the material.
The purchase order and descriptive information will appear on the
bill list (in accordance with Article Eleven) for payment approval
by the Council.
J.
Any purchase over $21,000 or such higher amount as set by statute
or administrative code, must be advertised in accordance with the
Local Public Contracts Law, N.J.S.A. 40A:11.
K.
If the cost of purchasing supplies and equipment is above the bidding
threshold, written specifications shall be prepared for approval by
the Council. Upon approval of the specifications, the Administrator
or his or her delegate, or in the absence of an Administrator an individual
named by a majority of the council, shall procure the materials pursuant
to public bidding.
L.
To ensure compliance with the Local Public Contract Law N.J.S.A.
40A:11, a Resolution will be presented to the Mayor and Council, along
with a certification of funds, for any purchase(s) over $21,000 or
such higher amount as set by statute or administrative code. Resolutions
for lesser amounts may be presented to the governing body at request,
or at the discretion of the CFO, the Borough Administrator, or his/her
delegate.
M.
The Borough Administrator or his or her delegate or the Council's
delegate is authorized, upon consultation with the Committee Chair,
to approve requisitions for the emergency purchase of materials, or
provision of services, before review by the Council when the purchase
is deemed necessary to maintain essential Borough operations.
A.
All bills and claims against the Borough shall be fully itemized
and submitted on the legal voucher provided by the Borough. The claimant
shall certify the correctness of his or her demand, and shall present
the same to the Chief Financial Officer and/or Borough Administrator,
or his or her delegate, before it is presented for payment at a Council
meeting.
B.
In order to determine the validity of bills and claims, prevent duplication
of the same, and to establish their propriety, invoices shall be presented
with the voucher. Where applicable, the department head shall execute
the voucher certifying that the service had been rendered, or that
the materials, supplies, or equipment has been delivered. The Borough
Administrator, or his or her delegate, shall approve all vouchers,
and evidence same with his or her signature.
C.
All claims shall be audited by the Chief Financial Officer for accuracy
compliance with law and with budgetary controls.
D.
Upon approval of the Chief Financial Officer, the bill or claim and
all supporting documentation shall be filed with the Purchasing Department,
and shall be available for review by the Council. The Chief Financial
Officer shall prepare a list of all vouchers which he or she has approved
for payment (the "bill list") and shall provide such list to the Borough
Clerk for inclusion by the Borough Clerk in the agenda materials of
each Council member.
E.
The members of the Council shall review the bill list prior to the
work session or regular meeting. Whenever possible, any objection
to or question regarding any payment should be resolved. Any objection
or question raised at the meeting shall be resolved before the Council
approves any payment. If not resolved, the voucher shall be removed
from the bill list at that meeting for further evaluation.
F.
If no objections are noted, or if any noted objection is resolved,
the Council may proceed to authorize payment of the bill list in whole,
or in part, on the consent agenda.
G.
The Chief Financial Officer may then disburse payment of the claim
after he or she has determined that all required procedures have been
followed, and procedures received.
Upon every vote of the Council on resolutions and motions, the
ayes and nays shall be taken and recorded. No member shall be permitted
to vote unless present when the member's name is called in regular
order. A voice vote may be taken on any motion or resolution. A roll
call vote shall be required upon the demand of one or more members
of the governing body.
These bylaws may be amended by a vote of a majority of the Council,
but only at a meeting of the Council where notice of said proposed
amendment has been presented to the entire governing body at least
14 days prior. The bylaws may be amended temporarily for a specific
meeting, but only by an affirmative vote of two thirds of Council
members present at that meeting.