The legislative power of the municipality shall be exercised by the Municipal Council, except as may be otherwise provided by general law (N.J.S.A. 40:69A-36).
[Amended 1-15-2003 by Ord. No. 68-2002]
Members of the Council, elected as provided by this chapter, for terms beginning January of the year elected, shall be paid an annual salary as provided in the Salary Ordinance and in the same manner as all other officers and employees.
[Amended 11-6-1991 by Ord. No. 87-1991]
Vacancies on the Council shall be filled in the manner prescribed by the Municipal Vacancy Law (N.J.S.A. 40A:16-1 et seq.). However, within two business days of the occurrence of a vacancy to which the Municipal Vacancy Law applies, the City Clerk shall post a notice in prominent public places and forward said notice to the City's official newspaper, for publication as soon as possible. The notice shall be directed to all City residents, in the event of an at-large vacancy, and to all residents of the affected ward, in the event of a ward vacancy. The notice shall set forth the existence of an at-large or ward vacancy, as the case may be, and that the name, address and telephone number of any qualified resident who is interested in being nominated to fill such vacancy should be forwarded to any remaining member of the Council, in writing. No later than 10 days prior to the date on which the Council will vote to fill the vacancy, each remaining member of the Council shall submit to the City Clerk the name and address of any candidate he or she wishes to nominate. At least seven days prior to the date set for the vote to fill the vacancy, the City Clerk, with notice to those who have been nominated, shall arrange a lottery to be held in the City Clerk's office, at which the nominees shall draw lots to determine the sequence in which the resolutions to appoint the nominees will appear upon the Council agenda on the date of the vote. The meeting of the Council at which it will vote to fill such vacancy, pursuant to N.J.S.A. 40A:16-1 et seq., shall take place no sooner than 20 days after the occurrence of a vacancy and no later than 30 days after the occurrence of any such vacancy. If, by reason of the parameters set forth herein, the vote cannot be scheduled at a regularly scheduled meeting of the Council, at its first meeting following the occurrence of a vacancy, the Council shall set a special meeting at which the only order of business shall be the vote to fill such vacancy or vacancies.
[Amended 1-15-2003 by Ord. No. 67-2002; 9-20-2006 by Ord. No. 73-2006]
The Council shall meet during the first week in January of each year to elect a President and a Vice President for one year and to conduct such other business as may come before it.
Members-elect of the Council shall be notified of all Council meetings to be held between election day and the date of organization the same as incumbents. They shall be entitled to attend all such meetings and to participate in all premeeting conferences without vote.
[Amended 6-16-2004 by Ord. No. 52-2004[1]]
The Council, in addition to such other powers and duties as may be conferred upon by this chapter or otherwise by general law, may:
A. 
Require any municipal officer, in its discretion, to prepare and submit sworn statements regarding his official duties in the performance thereof and otherwise investigate the conduct of any department, office or agency of the municipal government.
B. 
Remove any municipal officer other than the Mayor or a member of Council for cause upon notice and opportunity to be heard (N.J.S.A. 40:69A-37).[2]
[2]
Editor's Note: Former Subsection C, pertaining to legal settlements, which immediately followed this Subsection B, was repealed 1-11-2006 by Ord. No. 111-2005.
[1]
Editor's Note: This amendment was vetoed by the Mayor 6-25-2004 and passed on reconsideration of veto 7-7-2004.
[Amended 9-14-1983 by Ord. No. 45-1983[1]]
A. 
The Council shall appoint a City Clerk who shall serve as Clerk of the Council, and the Council may appoint a Deputy Clerk, both of whom shall perform the duties and functions prescribed under Article III of this chapter. The Council shall also appoint a Legislative Counsel, who shall perform the duties and functions prescribed under Article II of this chapter, and such other personnel as the Council shall provide for. The Council President, for the purposes of administration and civil service, shall be the person to sign civil service and any other necessary forms as appointing authority for all personnel appointed by the Council pursuant to this section. All appointments made pursuant to this section shall be independent of the Executive Branch, and for the purposes of assigning the administrative functions, powers and duties, they shall be assigned to the office of the City Clerk. No position or employment shall be filled unless and until such position or employment has been established by ordinance. The Council shall also appoint members of the following authorities and boards as prescribed by ordinance or general law. All boards, authorities and commissions appointed by the Council shall be representative of all wards of the City where the number of members of the board, authority or commission is six or more in membership, and, if less than six in membership, no more than one appointee shall be from any individual ward.
(1) 
Housing Authority[2] (N.J.S.A. 55:14A-1 et seq.).
[2]
Editor's Note: See Ch. 32, Housing Authority.
(2) 
Municipal Utilities Authority[3] (MUA) (N.J.S.A. 40:14B-1 et seq.).
[3]
Editor's Note: As to the Municipal Utilities Authority, see Ch. 61, Art. I.
(3) 
Planning Board (Member of Council[4]) (N.J.S.A. 40:55D-23).
[4]
Editor's Note: As to the Planning Board generally, see Ch. 163, Art. V.
(4) 
Landlord-Tenant Affairs Board (Ordinance No. 36 of 1980[5]).
[5]
Editor's Note: See Ch. 41, Landlord-Tenant Affairs Board.
(5) 
Zoning Board of Adjustment[6] (N.J.S.A. 40:55D-69).
[6]
Editor's Note: As to the Zoning Board of Adjustment, see Ch. 163, Art. VI.
(6) 
(Reserved)[7]
[7]
Editor's Note: Former Subsection A(6), Board of School Estimate Trustees (Member of Council), was repealed 6-24-1987 by Ord. No. 51-1987.
(7) 
Fine Arts Commission (Ordinance No. 38 of 1981[8]).
[8]
Editor's Note: See Ch. 13, Arts Commission.
B. 
No one appointed to any of the above boards, authorities [except the Municipal Utilities Authority (MUA)] or commissions shall receive any salary or compensation for their service.
[Amended 6-24-1987 by Ord. No. 51-1987]
C. 
No sooner than 30 days but not less than 14 days before the effective date of appointment, any person proposed for appointment by the City Council to any board, authority, commission or committee shall file an affidavit in the City Clerk's office. Said affidavit shall set forth the name and address of the proposed appointee as well as the name and address of the proposed appointee's employer. For this purpose the office of the City Clerk shall maintain a form affidavit which shall also include therein a summary of the relevant state and City conflict of interest laws.
[Added 1-24-1990 by Ord. No. 5-1990]
[1]
Editor's Note: This amendment was vetoed by the Mayor 9-23-1983 and passed on reconsideration of veto 2-8-1984.
[Added 6-7-2000 by Ord. No. 37-2000]
A. 
To be eligible, the person(s) to be appointed to any position, board, authority or office shall be a "resident," as defined in § 56-4 in the Code of the City of Atlantic City, and a qualified voter of the City of Atlantic City.
B. 
Additionally, every person recommended for any office shall undergo a criminal history background check to be conducted by the appropriate division of the Atlantic City Police Department. The Atlantic City Police Department will furnish the appropriate forms for the applicant to complete to perform the background check. All appointments and reappointments will be done with the understanding that the appointee certifies he/she has not been convicted of a crime or offense involving moral turpitude. Further, the appointment or reappointment shall be conditioned upon the required background check, and any individual who is found to have committed a crime or offense involving moral turpitude shall be subject to removal in accordance with this chapter.
[Amended 9-6-2000 by Ord. No. 50-2000]
C. 
A report of the findings of the Police Department shall immediately be made available to the Clerk and Council member sponsoring the applicant. Should such criminal background check reveal a history of conviction of a crime or offense involving moral turpitude, such history shall be reviewed by the entire Council in executive session in accordance with the Sunshine Act, provided that the sponsor chooses not to withdraw the applicant.
D. 
Any person appointed prior to the passage of this section and currently serving in the appointed capacity shall, within five days of the effective date of this section, be notified, in writing, by the City Clerk's office that he or she must submit to a criminal history background check within 10 days of the date of such notice. When completed, the results of said background check shall immediately be made available to the City Council.
E. 
Should such criminal background check reveal a history of conviction of a crime or offense involving moral turpitude, the same procedure utilized in Subsection B and Subsection C as a prerequisite to appointment and reappointment shall be followed, except that the recommendation to be made by the Police Committee and the action thereafter by the entire Council shall be directed to whether such existing appointee shall remain in office or be barred from exercising the rights and privileges of the office.
F. 
The cost of any and all criminal history background checks required by this section shall be waived and/or paid by the City of Atlantic City.
[Amended 9-14-1983 by Ord. No. 45-1983[1]]
A. 
Upon request of the Mayor, the Council shall receive and consider in executive session any nomination for appointment requiring Council advice and consent. Candidates may be formally nominated at any regular meeting and may be confirmed or rejected at the next meeting, but in any case, no later than 30 days after nomination. Multiple appointments to any body shall be confirmed individually.
B. 
All boards, authorities and commissions appointed by the Mayor shall be representative of all wards of the City where the number of members of the board, authority or commission are six or more in membership, and, if less than six in membership, no more than one appointee shall be from any individual ward.
C. 
No sooner than 30 days but not less than 14 days before the effective date of appointment, any person proposed for appointment by the Mayor to any board, authority, commission or committee shall file an affidavit in the City Clerk's office. Said affidavit shall set forth the name and address of the proposed appointee as well as the name and address of the proposed appointee's employer. For this purpose the office of the City Clerk shall maintain a form affidavit which shall also include therein a summary of the relevant state and City conflict of interest laws.
[Added 1-24-1990 by Ord. No. 5-1990]
[1]
Editor's Note: This amendment was vetoed by the Mayor 9-23-1983 and passed on reconsideration of veto 2-8-1984.
A. 
Upon the submission of the budget to the 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 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 and report appropriate unit cost of budgeted expenditures (N.J.S.A. 40:69A-47).
C. 
The Director of Revenue and Finance shall exercise a control function in the management of the finances of the municipality. The control function shall include provision for an 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 (N.J.S.A. 40:69A-48).
D. 
The Budget Examiner, who shall be qualified to perform the duties set forth hereinafter, shall:
[Added 10-24-1990 by Ord. No. 71-1990]
(1) 
Analyze budgets submitted to the Council by the Mayor pursuant to law and by agencies whose budgets require approval, review or action by the Council and make recommendations to the Council thereon.
(2) 
Review and analyze the City budget on a continuing basis and make monthly reports to the Council regarding expenditures and account balances by department, division and/or unit and delinquencies due the City, not including real estate taxes.
(3) 
Attend meetings of any standing or ad hoc committee of the Council at which City financial matters will be discussed or upon the request of a member of the Council.
(4) 
Prepare Council employee payrolls, requisition and purchase orders of the Council, and advise the Council on a continuing basis regarding City job vacancies, salaries and new employees.
E. 
Annual municipal budget constraints/limitations.
[Added 1-24-2007 by Ord. No. 94-2006]
(1) 
In addition to the limitation on increases in budget appropriations provided in N.J.S.A. 40A:4-45.2, the City shall be prohibited from increasing its final appropriations by more than an amount equal to 1/2 of the municipal revenue to be received in taxes from the net increase in assessed property. For purposes of this subsection, the net increase in assessed property shall mean the difference between the total value of assessment on real property on January 1 of the year prior to the budget year and total value of assessment on real property on January 1 of the budget year. Increases due to contractual obligations of the City and court orders shall not be included in the calculation to determine compliance with this section.
(2) 
Notwithstanding the above, in no event shall the annual increases in budget appropriations exceed 1.5% of the prior year's appropriations, excluding all grants and contractual obligations of the City and court orders.
The Council shall cause to be made an annual audit of the City's accounts and financial transactions as required by law. Such annual audit shall be made by a registered municipal accountant of the State of New Jersey appointed by the Council.
In addition to such bylaws as the Council may adopt by resolution, the following procedure rules shall be in effect:
A. 
Quorum. A majority of the whole Council, five members, shall constitute a quorum for all business.
B. 
Order of business. At each regular meeting, the order of business shall be:
[Amended 9-14-1983 by Ord. No. 45-1983;[1] 6-19-1985 by Ord. No. 37-1985; 11-25-1987 by Ord. No. 110-1987; 6-4-1997 by Ord. No. 36-1997[2]; 5-19-2004 by Ord. No. 36-2004; 7-22-2009 by Ord. No. 42-2009; 3-2-2016 by Ord. No. 5-2016]
(1) 
Roll call.
(2) 
Pledge of allegiance/prayer.
(3) 
Open Public Meetings Act announcement.
(4) 
Approval of minutes of previous meetings. Minutes need not be read at length if they have been distributed to members at least 24 hours before the meeting.
(5) 
Reports and recommendations of the Mayor and other officials.
(6) 
Reports of committees.
(7) 
Communications and petitions.
(8) 
Public comment on agenda items; good and welfare.
(9) 
Ordinances.
(a) 
Second reading and public hearing.
(b) 
Action after public hearing.
(c) 
Introduction and first reading by title.
(10) 
Resolutions and motions.
(11) 
New business on the calendar.
(12) 
Executive session.
(a) 
Action after executive session.
(13) 
Other pending business.
(14) 
Adjournment.
[1]
Editor's Note: This amendment was vetoed by the Mayor 9-23-1983 and passed on reconsideration of veto 2-8-1984.
[2]
Editor's Note: This ordinance took effect without the approval of the Mayor, in accordance with § 4-19F of the Code and N.J.S.A. 40:69A-41.
C. 
Rules of order. Except as may be provided in the Charter or this chapter, the conduct of Council meetings shall be governed by such rules as Council shall adopt. Notwithstanding any such rules of order or procedure which may, from time to time, be adopted by the Council, at a meeting of Council, any Council member shall have the right to address inquiries to legislative counsel or seek the opinion of legislative counsel on any legal or procedural issue before the Council. The presiding officer shall immediately recognize any member of Council who expresses a desire to seek the opinion of legislative counsel on any such issue or matter before Council, and the inquiring Council member shall be entitled to a response from legislative counsel before any further business is conducted. The presiding officer shall not rule a request for the opinion of legislative counsel to be out of order unless one or more of the following applies: the inquiry or request is made at a point in time which is during the vote on an ordinance, resolution or procedural issue; or the specific question or inquiry upon which an opinion is being sought has previously been responded to by legislative counsel at the same meeting; or the specific ordinance or resolution which gives rise to the request has been acted upon or has not yet been reached on the agenda at the time the request is made.
[Amended 9-14-1983 by Ord. No. 45-1983[3]; 10-23-1991 by Ord. No. 82-1991]
[3]
Editor's Note: This amendment was vetoed by the Mayer 9-23-1983 aid passed on reconsideration of veto 2-8-1984.
D. 
Rights of presiding officers. Presiding officers may move, second and debate from the chair and shall not be deprived of any of the rights or privileges of Council members by reason of presiding.
E. 
Voting. The vote on every resolution or ordinance shall be by roll call in alphabetical order, the President voting last. The vote of each member shall be entered on the minutes. During roll call, no member shall discuss or explain his/her vote.
F. 
Minutes. The Clerk shall keep minutes of all regular and special meetings. The minutes shall record the time and place of the meeting, the members attending and every act of the Council, whether by motion, resolution or ordinance, with the names of the mover and seconder. They may include other pertinent matters, as suggested by the order of business. Copies shall be provided to each Council member and member-elect, the Mayor or Business Administrator and the City Attorney. Minutes shall be signed by the Clerk and the presiding officer and shall be kept permanently as public records.
G. 
Good and welfare. A member of the public who wishes to be heard by Council must, prior to the "Good and Welfare" portion of the Council meeting, enter his/her name, one time, per Council meeting. In doing so, that member of the public maintains a reservation of time to speak, as pronounced by Council. This reservation and/or the associated allotment of time may not be passed, in any way, or gifted, in any way, to another member of the public, but rather it must solely be used by the member of the public who entered his/her name.
[Added 9-20-2006 by Ord. No. 78-2006]
[Amended 12-21-1983 by Ord. No. 77-1983; 7-11-1984 by Ord. No. 52-1984; 8-19-1992 by Ord. No. 80-1992; 12-8-2010 by Ord. No. 84-2010]
The Council, by resolution, shall set the deadline for the receipt by the Clerk of all reports, communications, ordinances, resolutions and other matters to be considered by the Council at its meetings. Any resolution, ordinance or other material received beyond the deadline set in the resolution shall be considered in accordance with § 4-15B(9) and § 4-15B(10)(b) and (c), and no such resolution, ordinance or other material shall be acted upon by the Council unless at least a majority of the quorum votes affirmatively to take action upon a resolution, ordinance or other material submitted after the deadline. Any item submitted after the deadline shall have appended to such item an explanation setting forth the necessity for immediate Council action upon such item and the reason such item was not submitted by the deadline. The Clerk shall assemble all material in sufficient copies for the Council, Mayor, Legislative Counsel, Business Administrator and City Solicitor and prepare the Council meeting agenda. The agenda and supporting material shall be delivered to all recipients on the second calendar day before the Council meeting. However, distribution of resolutions, ordinances or other material not received by the deadline shall be the responsibility of the sponsor or proponent of said resolution, ordinance or other material.
[Amended 9-14-1983 by Ord. No. 45-1983;[1] 12-21-1983 by Ord. No. 77-1983]
The Council shall provide, by resolution, for each standing committee and, by resolution, for each special Council committee, to be appointed by the President. Standing committees shall consist of three members of the Council. Each standing committee shall perform the functions and duties assigned to it by the Council.
[1]
Editor's Note: This amendment was vetoed by the Mayor 9-23-1983 and passed on reconsideration of veto 2-8-1984.
[Amended 7-11-1984 by Ord. No. 52-1984; 8-19-1992 by Ord. No. 80-1992]
Any member of the Council may introduce a resolution, in writing, at any meeting, subject to § 4-16 herein, if it is on the agenda or is admitted by a number of affirmative votes which is at least equal to one less than the total number of members present at the time the matter is voted for consideration in the proper order of business. When possible, it shall be duplicated and distributed before the meeting. The resolution shall be read by the Clerk when introduced by title, unless reading in full is requested by any Council member, and it may be adopted immediately, provided that a resolution to adopt or amend a budget shall be subject to the procedures specified in the Local Budget Law.[1] All resolutions authorizing the City to enter into a contract shall have attached thereto a copy of the proposed contract.
[1]
Editor's Note: See N.J.S.A. 40A:4-1 et seq.
A. 
Preparation, distribution and evaluation. Ordinances may be prepared by the City Solicitor at the request of the Mayor or any Council member. Copies shall be distributed to the Mayor, the Council, Council members-elect, the City Solicitor, Legislative Council and the City Clerk on Friday before the meeting at which they are to be introduced. Ordinances shall contain a written statement explaining the purpose of said legislation in layman's terms and shall be accompanied by a financial note detailing the fiscal impact on the City, if any.
[Amended 9-14-1983 by Ord. No. 45-1983[1]]
[1]
Editor's Note: This amendment was vetoed by the Mayor 9-23-1983 and passed on reconsideration of veto 2-8-1984.
B. 
Introduction and publication. Any member of the Council may introduce an ordinance, subject to § 4-16 herein, if it is on the agenda or is admitted upon a number of affirmative votes which is at least equal to one less than the total number of members present at the time the matter is moved for consideration in the proper order of business. After passage on first reading, which may be by title, the ordinance shall be published and publicized in accordance with general law and copies shall be made available to members of the public before second reading.
[Amended 8-19-1992 by Ord. No. 80-1992]
C. 
Public hearing and adoption. A public hearing shall be held on every ordinance, as provided by general law, at least 10 days after passage on first reading and at least one week after publication. At the hearing, the ordinance shall be given second reading, which may be by title, and all residents and others affected shall be heard concerning the ordinance, with the right to ask pertinent questions. Thereafter, the ordinance may be adopted by a majority of the whole Council, with such amendments as do not substantially alter the intent or effect of the original. Substantial amendments shall be read, optionally by title, and published and publicized in accordance with the general law, and the ordinance may be finally adopted without further public hearing at least one week after the meeting at which it was amended.
D. 
Mayor's veto.
[Amended 9-14-1983 by Ord. No. 45-1983[2]]
(1) 
On the next business day after adoption, the Clerk shall deliver the ordinance to the Mayor, who shall either approve it by signing and returning it within 10 days after receiving it or disapprove it by returning it to the Council via the Clerk with a statement setting forth his objections thereto or to any item or part thereof. No ordinance or any item or part thereof shall take effect without the Mayor's approval unless he fails to return it to the Council within 10 days after it has been presented to him unless the Council, upon reconsideration thereof on or after the third day following its return, shall override the veto by a two-thirds vote of all members.
(2) 
Delivery and presentation to the Mayor, for the purpose of calculating the time for veto, shall be deemed complete on the date the Clerk leaves the ordinance at the Mayor's office with the Mayor, the Mayor's Administrative Secretary, or a designee of the Mayor.
[2]
Editor's Note: This amendment was vetoed by the Mayor 9-23-1983 and passed on reconsideration of veto 2-8-1984.
E. 
Passage over veto. The Council shall reconsider any ordinance returned by the Mayor with his/her veto. Such reconsideration shall be held three days or more after return, but not more than 60 days after return. If, upon reconsideration, 2/3 of the members of the Council (six or more) vote to override the veto, the ordinance shall take effect 20 days thereafter. Whenever an ordinance has been reconsidered following veto, the Clerk shall append thereto a certificate reciting the facts of delivery, the return and override and the new effective date.
[Amended 7-3-1985 by Ord. No. 42-1985[3]]
[3]
Editor's Note: This ordinance further ratified all previous overrides of vetoes, provided that such overrides obtained the necessary six votes, even though the reconsideration may have taken place beyond the time limit as previously established by this subsection.
F. 
Ordinances not returned by the Mayor. Whenever an ordinance shall take effect without the Mayor's signature by reason of his/her failure to return it to the Council within 10 days after passage, the Clerk shall append thereto a certificate reciting the fact.
G. 
Effective date. No ordinance other than a local budget ordinance shall take effect less than 20 days after its final passage by the Council and approval by the Mayor, if such approval is required, unless the Council shall adopt a resolution declaring an emergency, with at least 2/3 or six members of the Council voting in favor.
[Amended 9-14-1983 by Ord. No. 45-1983[1]]
The Legislative Counsel shall be available to the Council at all regular and special meetings. He shall draw ordinances and resolutions for any member of the Council when and as requested. The Legislative Counsel shall also:
A. 
Provide legal opinions for any member of the Council;
B. 
Represent the Council in any litigation unless otherwise provided; and
C. 
Perform such other legal functions as requested by the Council.
[1]
Editor's Note: This amendment was vetoed by the Mayor 9-23-1983 and passed on reconsideration of veto 2-8-1984.
[Amended 9-14-1983 by Ord. No. 45-1983[1]]
All communications from the Council, a committee of the Council or members of the Council regarding the administration of the City, unless otherwise provided by law, shall be initiated and conducted through the Mayor or anyone else that the Mayor may designate in writing.
[1]
Editor's Note: This amendment was vetoed by the Mayor 9-23-1983 and passed on reconsideration of veto 2-8-1984.
[Added 9-14-1983 by Ord. No. 45-1983[1]]
A. 
No office space assigned to the City Council or member thereof shall be moved or altered or changed in any manner without an authorizing resolution duly passed by the City Council.
B. 
No office space assigned to the City Clerk or to any division unit or office assigned to the City Clerk shall be moved, altered or changed in any manner without the express written permission of the City Clerk and City Council.
[1]
Editor's Note: This amendment was vetoed by the Mayor 9-23-1983 and passed on reconsideration of veto 2-8-1984.