[HISTORY: Adopted by the Borough Council of the Borough of
Paramus 3-9-2010 by Ord. No. 10-4. Amendments noted where applicable.]
[Amended 3-5-2019 by Ord. No. 19-05]
There shall be public meetings and work sessions of the Mayor
and Council on the first and third Tuesday of every month beginning
at 7:00 p.m., subject to any schedule revision as may be determined
from time to time by the governing body and in accordance with applicable
law. All meetings and work sessions shall be noticed and conducted
in accordance with the Open Public Meetings Act and other applicable
law.
At the hour appointed for the meeting, the members present shall
be called to order by the Mayor or the President of the Council, or
in their absence, by the Borough Clerk, who shall immediately proceed
to call the roll, note the absentees and announce publicly and have
entered in the minutes a statement that proper notice of the meeting
was provided and the time, place and manner in which the notice was
provided.
[Amended 9-29-2021 by Ord. No. 2021-41]
The presiding officer shall be the Mayor, or in their absence,
the President of the Council and the Chairperson, or in their absence,
the Vice Chairperson or, in their absence, the most senior member.
Seniority shall be determined by length of service on the Council.
If two or more members have equal seniority, the determination shall
be alphabetical.
B.
The
order of business for public meetings shall be as follows:
(1)
Call to order.
(2)
Pledge of allegiance.
(3)
Notification of meeting.
(4)
Roll call.
(5)
Approval of minutes.
(6)
Communications.
(7)
Reports of the Mayor and Council.
(8)
Meeting open to the public.
(9)
Introduction of ordinances.
(10)
Ordinances on second reading and final passage.
(11)
New business.
(12)
Citizens (to address the Chair and give name and address): maximum
five minutes per speaker or at the discretion of the Chairperson.
There shall be no debate during this portion of the meeting.
(13)
Adjournment.
The Mayor, or in his/her absence, the presiding officer, shall
preserve order and decorum and shall decide all questions of order,
subject to appeal to the Council, which shall be aided by the Borough
Attorney who shall act as Parliamentarian.
Every member, while speaking, must address the Chair.
Each Council member shall be recognized by the Chair before
speaking. When two or more members shall address the Chair at the
same time, the Mayor, or in his/her absence, the presiding officer,
shall name the member who is to speak first, recognizing him or her
in order of his or her request to speak.
No member shall retire from the Council Chamber while the Council
is in session without permission of the Mayor or presiding officer.
A member called to order shall cease speaking immediately unless
permitted to explain. He/she may, if he/she wishes, appeal to the
Council for permission to continue his/her remarks. If there is no
appeal, the decision of the Chair shall stand and be final.
A motion to lay on the table shall be decided without amendment
or debate; and such motion, until it is decided, shall preclude all
amendments or debate of the main question.
A motion to adjourn shall be decided without debate and shall
always be in order, except when the Council is voting or when a member
is addressing the Council, or immediately after the question of adjournment
has been decided in the negative.
Any member who has voted with the majority on any question may
move for reconsideration thereof at the same or the next meeting;
but the consent of the majority of the Council must be obtained before
the same question can be reconsidered.
Every member who shall be present when a question is put shall
vote for or against it unless he/she shall abstain for a stated reason.
The yeas and nays may be called for by any member, in which
case the names of the members voting shall be recorded in the minutes,
and also the name of the Council member calling for yeas and nays.
A.
Upon the passage of an ordinance, it shall be properly numbered and
recorded in its entirety by the Borough Clerk in the Ordinance Book.
The Clerk shall enter in said book, at the end of each ordinance,
the following:
B.
The ordinance so recorded shall then be compared with the original
as passed at a regular meeting of the Council, whereupon the Mayor
shall subscribe, and the Clerk shall attest and affix the corporate
seal to the following certificate at the end thereof: The foregoing
Ordinance No. has been compared with the original as passed and found
correct this ____ day of ____, 20__,
C.
The original ordinance shall be filed and preserved by the Clerk.
D.
The titles of ordinances and references to amendments and parts amended
only shall be entered into the minutes.
E.
An original ordinance shall be entitled as follows: An ordinance
to supplement (or amend) an Ordinance (then add the title of the original
to which it is a supplement or amendment).
F.
The enacting clause of every ordinance shall be as follows: "Be It
Ordained by the Mayor and Council of the Borough of Paramus."
Every petition, remonstrance or other written application intended to be presented to the Council shall be in the hands of the Borough Clerk no later than 9:00 a.m. the Wednesday preceding the next meeting. Any member of the Council may place on the agenda any matter for discussion provided that the same is submitted to the Borough Clerk no later than 4:00 p.m. on the Wednesday preceding the next scheduled meeting of the Mayor and Council. No matter or item shall be placed on the agenda except in accordance with the above procedure. Once a matter has been submitted to the Clerk to be placed on the agenda in accordance with this section, it shall appear on the agenda and shall not be removed except with the consent of the person who originally submitted it. Notwithstanding, any member of the Council may identify a matter during New Business for placement on the agenda at any meeting of the Mayor and Council, and any matter may be discussed, and action taken, if, in the reasonable judgment of the Mayor (or in the Mayor's absence, the presiding officer), a majority of the governing body and/or Borough Administrator, the circumstances are such that it is in the best interest of the Borough to consider the matter without further delay. The Borough Clerk shall place items on the agenda by the age of the item using the categories Old Business and New Business. Changes in the order of business may occur per § 6-18.
The Mayor and Council shall decide if a proposed ordinance shall
be sent to any committee for discussion and recommendation.
No departure from the regular order of business or suspension
of any rules shall be allowed except by vote of two-thirds of the
members present. Any amendments to the Rules of Order must be discussed
at a prior meeting prior to the implementation of same.
A.
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/she shall make the nomination to any such office within 30 days
of that office becoming vacant (N.J.S.A. 40A:60-5g).
B.
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 (N.J.S.A. 40A:60-6d).
C.
No appointment shall be made except by the vote of a majority of
the members of the Council present at such 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.
D.
The tenure of such committee member shall be for a term ending on
December 31st of the calendar year in which appointment was made or
until a successor is appointed.
The standing committees shall consist of three members each
and shall be as follows:
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Police
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Fire
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Building
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Zoning Department and Boards
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Office of Emergency Preparedness
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Rescue
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Ambulance
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Shade Tree and Parks
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Environmental
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Department of Public Works
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Mechanical Maintenance
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Building and Grounds
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Administration
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Insurance
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Labor Negotiations
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Budget Committee
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A.
Notwithstanding any committee assignments or liaisonships, the Borough
Council as a whole and together with the Mayor operates as a collective
entity.
B.
Giving specific direction or the specific tasking of any employee
or paid professional is the prerogative of the governing body as a
whole.
C.
It is also recognized that the notion of a chain of command is important
for the effective and harmonious undertaking of all operations and
activity. The Mayor and Council shall therefore convey direction or
specific tasks that are to be undertaken by a department or a single
employee, through the Borough Administrator, or in his or her absence,
through those duly selected by the Mayor and Council at the annual
reorganization meeting to act in such capacity on such occasion except
as otherwise provided by state statute or municipal ordinance.
As an extension of § 6-21, the same premise of collective authority applies to the conveyance of direction or assigning specific tasks to the Borough Administrator.
A.
In recognizing the importance of principles such as chain of command and collective authority as described in §§ 6-21 and 6-22, it is also hereby noted that reason, individual or collective, must apply in various circumstances. Requests by members of the governing body for common information, such as those that would be available to the average citizen, are reasonable and not intended to be discouraged, nor should such simple requests have to be funneled through the Borough Administrator if he/she is not the primary respondent. The same spirit of reason should prevail conversely, however, if the number of the requests, or the frequency thereof become burdensome and intrusive upon the employee's specific and properly delegated duties.
B.
In some instances, especially those involving an emergent matter,
a Council person may either personally, or through the Administrator,
conduct an informal vote with regard to assigning tasks to one or
a group of employees, or of making inquiry(ies) of a substantive nature
on the emergent issue without the necessity of waiting for the regular
or special meeting. In such event, the action taken shall be ratified
and confirmed at the next regular or special meeting.
Except as otherwise provided in these rules, Roberts Rules of
Order shall govern the deliberation of the Council.
[Added 12-17-2019 by Ord. No. 19-33]
A.
COMMISSION
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A group of individuals empowered by the Borough's governing body through enactment and amendment of the Borough's Code and/or ordinances to vote and execute official acts on behalf of the Borough, including Commission recommendations to the governing body and created by ordinance. The commissions existing in the Borough as of the effective date of this § 6-25 include the Environmental Commission, the Historic Preservation Commission; the Board of Municipal Swimming Pool Commissioners; the Board of Recreation Commissioners; the Board of Shade Tree and Parks Commissioners; and the Golf Course Commission. This section shall apply to all commissions created after the effective date of this ordinance.
B.
Public meetings. All meetings of a commission shall comply with the
New Jersey Open Public Meetings Act, N.J.S.A. 10:4-6 et seq., including
providing to the public advance notice and an opportunity to attend
meetings.
C.
Preparation and maintenance of minutes. Minutes of every commission
meeting shall be kept and shall include the names of the persons appearing
and addressing the commission and of the persons appearing by attorney,
the action taken by the commission, the findings, if any, made by
it and reasons therefore. The minutes shall be provided to the Mayor
and Council before the next regularly scheduled meeting of the governing
body following adoption by the Commission, and shall also be made
available for public inspection during normal business hours at the
office of the Municipal Clerk pursuant to the New Jersey Open Public
Records Act, N.J.S.A. 47:1A-1 et seq.
D.
All official acts by resolution. All official acts by a commission
shall be adopted by resolution which will be reflected in the minutes
and made available to the public pursuant to the Open Public Meetings
Act and provided to the governing body within 10 days of adoption.
E.
Rules and regulations. Each commission shall develop and implement
rules and regulations. All such rules and regulations shall be adopted
by resolution. All such rules and regulations shall be provided to
the governing body which shall have the right, from time to time in
its sole discretion, to modify and amend the rules and regulations.
F.
Bylaws: Each commission may prepare and adopt by resolution bylaws
setting forth the policies and procedures for the commission's meetings
and official acts, to the extent they do not conflict with the New
Jersey Open Public Meeting Act. In lieu of preparing and adopting
bylaws, each commission shall comply with and be governed by the procedures
set forth in Robert's Rules of Order.
G.
Representation by legal counsel: Each commission shall be represented
by legal counsel, who shall be a member of the Borough's Law Department
and shall be designated by the Borough Attorney with authorization
by the governing body as qualified by the governing body pursuant
to the Borough's Request for Qualifications process. The Borough Attorney
shall be precluded from acting as legal counsel for any commission.
H.
Appeals. All appeals by an affected party of any commission's official
act shall be made to the Superior Court of New Jersey.
[Added 9-29-2021 by Ord. No. 2021-41]
A.
Any member of the public may address the Mayor and Council, Commission,
or other municipal entity on a matter listed on their agenda or any
subject of interest involving the Borough of Paramus.
B.
Those members of the public who wish to speak during a public meeting
may address the Mayor and Council, Commission or other municipal entity
only when the public portion has been opened by majority vote.
C.
No person shall begin addressing the Mayor and Council, Commission
or other municipal entity without first being recognized by the presiding
officer.
D.
Unless specifically provided by law, each person addressing the Mayor
and Council, Commission or other municipal entity shall proceed to
the microphone provided for the public, give their name and address
in an audible tone of voice for the record, and state the subject
they wish to discuss. Only the member of the public so recognized,
members of the Mayor and Council, Commission or other municipal entity,
and the Borough's legal representation are permitted to enter
into a discussion. No question may be asked of Borough staff without
the permission of the presiding officer, who shall first confer with
the Borough's legal representation.
E.
Each person providing testimony to the Mayor and Council, Commission
or other municipal entity, whether during the public speaking portion
of the meeting or during the public hearing on second reading of ordinances,
shall limit their remarks to three minutes. After a person has spoken
for three minutes, the presiding officer shall notify them that their
time has expired. The Mayor and Council, Commission or other municipal
entity may relax this time limitation in the interest of justice.
F.
Any group of persons with a commonality of interest may appoint a
spokesperson to present on behalf of the group as a whole. The appointment
of a spokesperson shall not preclude an individual from presenting
on their own behalf. In order to promote governmental efficiency,
the presiding officer shall have the right to interject when presentations
become repetitive.
G.
After a motion has been made to close the public portion of a hearing,
no member of the public shall address the Mayor and Council, Commission
or other municipal entity from the audience on the matter under consideration
without first securing permission by the presiding officer.
H.
No person in the audience shall engage in disorderly conduct such
as hand clapping, stamping of feet, whistling, using profane language,
shouting and other similar demonstrations which disturb the peace
and order of the meeting.
I.
Any person making personal, slanderous or profane remarks or who
willfully utters threatening or abusive language or otherwise engages
in disorderly conduct shall be called to order by the presiding officer.
If such conduct continues, the presiding officer may, at their discretion,
order such person barred from further participation during that meeting.
J.
If after receiving a call to order from the presiding officer, a
person persists in disturbing the meeting, the presiding officer may
order that person to leave the meeting. If the person does not voluntarily
remove themselves from the meeting chambers, the presiding officer
may order the Sergeant-at-Arms to remove them.
K.
Any active sworn officer of the Paramus Police Department shall be
considered the Sergeant-at-Arms. The Sergeant-at-Arms shall carry
out all orders given by the presiding officer for the purpose of maintaining
order and decorum at the meeting.
L.
Any person who resists removal by the Sergeant-at-Arms shall be charged
with violating N.J.S.A. 2C:33-8, Disrupting meetings and processions.
M.
Any person may videotape, audiotape or photograph the public portion
of a municipal proceeding. Such conduct shall not to interfere with
the proceedings. The presiding officer may direct the activities of
such persons to ensure an orderly meeting.
