In addition to such bylaws as the Council may adopt by resolution, the following rules of procedure shall be in effect.
Except as may be provided in the Charter and specifically in this Code, questions of order, methods of organization and the conduct of business by the Council at public meetings held by it shall be governed by Robert's Rules of Order, as most recently revised.
A. 
Regular meetings.
[Amended 12-2-1993 by Ord. No. 521-93; 9-19-1994 by Ord. No. 546-94; 2-16-1995 by Ord. No. 562-95; 3-15-2001 by Ord. No. 3-01]
(1) 
The Council shall meet annually for organization on the first Thursday of January at 7:30 p.m. The Council shall meet regularly thereafter on the first and third Thursdays of each month at 7:30 p.m. If the regular meeting night falls on a legal holiday, the Council, by resolution, shall set the time and place of the regular scheduled meeting.
(2) 
Notwithstanding the provisions of Subsection A(1) above, the Council may, by resolution, cancel the second regular monthly meeting and, by resolution in accordance with all of the requirements of the Open Public Meetings Act, change the regular monthly meeting days.
B. 
Special meetings. The Mayor or the President of the Council may, and upon request of the majority of the members of the Council shall, call a special meeting of the Council. The request and call for such special meeting shall specify the purpose of the meeting, and no other business shall be transacted at that meeting. The call for a special meeting shall be filed with the Township Clerk at least 72 hours before the time for which the meeting is called, and the Clerk shall forthwith give notice thereof by telephone or electronic communication to each Council member and the Mayor at such places as the latter shall have previously designated for that purpose and shall also serve or cause to be served a written copy of the call upon each Council member by giving a copy to him personally or by leaving a copy at his usual place of abode. The Clerk shall also publish, post and file notice of any such special meeting and advise the newspapers of all such meetings in the manner and within the times required by the Open Public Meetings Act (Laws 1975, Chapter 231[1]).[2]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Emergency meetings. Provided the Mayor or Council President (or in his absence, the Vice President) declares an emergency affecting the public health, safety or welfare of the residents of the Township, and with the consent of a total of three Council members, a special emergency meeting of the Council may be held, without prior notice, notwithstanding the provisions of Subsection B above; provided, however, the requirements of the Open Public Meetings Act governing emergency meetings are satisfied. The Township Clerk or Council President (or Vice President) shall forthwith give notice of any such emergency meeting by telephone to each Council member and the Mayor at such places as shall have previously been designated for such purpose.
D. 
Open Public Meetings Act requirements. All mandatory requirements of the Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.) shall be complied with by the Township with respect to all meetings of the Council.
E. 
Place of meetings. All meetings of the Council shall be held at the Township Municipal Building, Baker Street, Mine Hill, New Jersey, except that in case of an emergency or other good cause making it impracticable to conduct the business of the Council at the established location, the Council, upon such reasonable public notice as the circumstances permit, may meet in or adjourn a meeting to any other building in the Township.
F. 
Attendance by Township officials. All regular and special meetings of the Council shall be open to the public, except such portions thereof as are closed to the public in accordance with the provisions and requirements of the Open Public Meetings Act. The Business Administrator, Township Attorney, Township Clerk and Township Engineer shall attend all regular and special meetings of the Council unless otherwise directed by the Council. The Mayor or Council may also direct such other officers and employees of the Township to attend particular Council meeting(s) as is deemed appropriate.
A. 
Duties of presiding officer. The President of the Council, or in his absence, the Vice President, shall preside at all regular, special and emergency meetings of the Council. The presiding officer shall also:
(1) 
Appoint such standing and special committees as may be established by resolution of the Council;
(2) 
Sign (along with the Township Clerk) all ordinances and resolutions adopted in his (her) presence;
(3) 
State the question and announce the result of all matters upon which the Council may vote;
(4) 
Rule on all questions of order, subject to appeal of the Council; and
(5) 
Have and perform such other functions, powers and duties as the Council may from time to time prescribe.
B. 
Vote of presiding officer. The presiding officer 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. The presiding officer shall have the right to vote on all questions, his (her) name being called last.
The Mayor may attend all meetings of the Council and may take part in discussions of the Council but shall have no vote, except in the case of a tie in the vote to fill a vacancy on the Council, in which case he may cast the deciding vote.
[Amended 12-5-1991 by Ord. No. 469-91; 4-1-2010 by Ord. No. 4-10]
The agenda for each regular and special meeting of the Council shall be prepared by the Clerk under the supervision of the Council President. Except for emergency matters which may be added to the agenda at any time with the approval of the President of the 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 the Mayor or Council member not later than 4:00 p.m. on the third business day immediately preceding the meeting. Business days shall not include holidays and days on which the municipal building is scheduled to be closed. As soon as the agenda for each meeting has been prepared, the Clerk shall provide a copy to each Council member, the Mayor, Township Administrator and each department head, together with copies of all reports, communications, ordinances, resolutions and other supporting documents involving matters listed on the agenda, by depositing same in the mail slots or boxes within the municipal building designated for the receipt of mail by these officials. The Clerk shall also post upon the bulletin board within the municipal building a copy of the agenda as soon as it is completed.
The President of the Council, or in his absence, the Vice President, shall take his chair at the hour appointed for the meeting and shall call the Council to order. In the absence of the President and Vice President, the Clerk or Deputy Clerk shall call the Council to order, whereupon the members of the Council present shall elect a temporary Chairman who shall forthwith assume the chair and proceed with the meeting, and who shall immediately relinquish the chair upon the conclusion of the particular business before the Council as soon as the President or Vice President arrives.
Three members of the Council shall constitute a quorum at any regular or special meeting of the Council. If a quorum is not present within one hour after the appointed time for any meeting, the presiding officer shall declare the meeting adjourned.
A. 
The business of the Council at regular meetings, and so far as practicable, at special meetings, shall be taken up for consideration and disposition in the following order:
[Amended 5-4-2017 by Ord. No. 07-17]
(1) 
Pledge of Allegiance.
(2) 
Open Public Meetings Act announcement.
(3) 
Roll call taken by the Clerk.
(4) 
Approval of minutes of previous meetings. (Minutes need not be read at length if they have been distributed to Council members at least 24 hours before the meeting.)
(5) 
Communications and petitions.
(6) 
Public hearing on ordinances previously introduced and consideration of such ordinances for adoption on second reading.
(7) 
Consideration and approval of vouchers.
(8) 
Administrative agenda presented by Mayor. The administrative agenda shall include a trial balance report.
(9) 
Reports of Council Liaisons.
(10) 
Open to public.
(11) 
Introduction of ordinances.
(12) 
Resolutions and motions.
(13) 
Unfinished and new business.
(14) 
Open to public and Council comments.
(15) 
Closed session, if necessary.
(16) 
Adjournment.
B. 
Change in order of business. The President of the Council, in his discretion, may change the order of business as he deems appripriate in order to expedite the completion of business to be considered. The Council may override any such decision to change the order of business by a vote of 2/3 of the Councilmen present. The public shall be advised of any change in the order of business at the beginning of the meeting or as soon thereafter as the decision to change the order of business has been made.
The Township Clerk shall serve as Clerk of the Council and shall take and keep minutes and records of all meetings of the Council. The Clerk shall, so far as practicable, prepare and distribute to the Council minutes of each meeting, promptly after the meeting. The minutes of each meeting shall be signed by the presiding officer and the Clerk, following approval by the Council.
A. 
Participation by presiding officer. The President, Vice President or such other member of the Council as may be presiding may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed upon all members, and shall not be deprived of any of the rights and privileges of a Council member by reason of being the presiding officer.
B. 
Debate. Every member desiring to speak shall address the presiding officer and, upon recognition, shall confine himself to the question under debate, avoiding all personalities and indecorous language. A member, once recognized, shall not be interrupted when speaking unless it be to call him to order as herein otherwise provided. If a member, while speaking, be called to order, he shall cease speaking until the question of order be determined by the presiding officer, and if in order, he shall be permitted to proceed. Any member may appeal to the Council from the decision of the chair upon a question of order, when without debate the chair shall submit to the Council the question "Shall the decisions of the chair be sustained?" and the Council shall decide by a majority vote.
C. 
Closing debate. The Council member moving the adoption of an ordinance or resolution shall have the privilege of closing the debate.
D. 
Motion to reconsider. A motion to reconsider may be made by a Council member on the prevailing side, and such motion may be made only at the same meeting at which the action was taken or at an adjournment thereof or at the next regular meeting.
E. 
Council member's remarks in minutes. A Council member shall be entitled to have his remarks included in the minutes, provided he furnishes the Clerk with a written statement setting forth the remarks within three days of the meeting.
F. 
Synopsis of debate to be included in minutes. The presiding officer, with the consent of Council, may direct a synopsis of the debate on any question to be included in the minutes.
G. 
Voting on motions.
[Amended 8-21-2000 by Ord. No. 8-00]
(1) 
The vote upon every motion, resolution and ordinance shall be taken by one of three methods as specified in the latest revised edition of "Robert's Rules of Order." There shall be no discussion or explanation given by any member voting unless he/she shall first receive the presiding officer's approval to explain his vote. The presiding officer will announce the method of voting at the time of the vote. The three methods of voting are:
(a) 
Voice vote ("viva voce"). The presiding officer will state the motion and ask those in favor to say "aye" and then those opposed to say "nay." The presiding officer will then announce the results and declare the motion passed or failed.
(b) 
Show of hands. The presiding officer will state the motion and ask those in favor to raise their right hand. The presiding officer will then count the votes, announce the results and declare the motion passed or failed.
(c) 
Roll call. The presiding officer will state the motion and ask the Municipal Clerk to take a roll-call vote. The Clerk will announce the name of each Council member in alphabetical order with the presiding officer announced last. Each Council member called will say "yes" for an affirmative vote or "no" for a negative vote. The presiding officer will then announce the results and declare the motion passed or failed.
(2) 
A member of the Council may abstain from voting on any matter. An abstention is considered a nonvote and will not affect the outcome of the motion. The vote of each Council member shall be entered on the minutes.
Any person desiring to address the Council shall first seek recognition by the presiding officer. Upon recognition by the chair, the person shall give his (her) full name and address in an audible tone of voice for the records. Unless further time is granted by the Council, such person shall limit his (her) statement to five minutes. Statements shall be addressed to the Council as a body and not to any member thereof. A Council member shall not direct any question to a speaker addressing the Council, except through the presiding officer.
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 or 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 impertinent or slanderous remarks or conduct himself in a boisterous manner while addressing the Council shall be forthwith barred by the presiding officer from further audience before the Council, except that if the speaker shall submit to proper order under these rules, permission for him to continue may be granted by a majority vote of the Council.
A. 
Ordinances and resolutions shall be prepared for the consideration of Council by the Township Attorney upon instructions of the Council or the Mayor. Prior to the introduction of each proposed ordinance requiring or permitting administrative action, the Clerk shall endeavor to submit the proposed ordinance to the Mayor, Business Administrator and the department head concerned. No ordinance shall be adopted by the Township without affirmative vote of the majority of all the members of the Council, but resolutions shall be adopted by the Council by vote of the majority of the members of the Council present, provided a quorum exists.
B. 
An ordinance or resolution may be introduced by any member of the Council. The Clerk shall forthwith provide each member of the Council with a copy thereof. Each resolution and ordinance shall be limited to a single object which shall be expressed in its title.
C. 
All resolutions shall take effect immediately upon final passage by the Council unless otherwise specified in the resolution as approved.
A. 
The Council shall act by ordinance whenever required by the Charter and whether or not so required with respect to legislative matters. As to all other matters, it shall act by resolution or motion in accordance with the Charter or general law.
B. 
All ordinances shall be introduced, read, heard, enacted and published in the manner provided by the Charter and general law.
C. 
Submission of ordinances to Mayor. All ordinances adopted by the Council shall be submitted to the Mayor, and he shall, within 10 days after receiving any ordinance, either approve the ordinance by affixing his signature thereto or return it to the Council by delivering it to the Township Clerk, together with a statement setting forth his objections thereto or to any item or part thereof. The Clerk shall immediately notify the members of the Council in writing. 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 (four) resolve to override the Mayor's veto.
D. 
Effective date of ordinance. No ordinance other than the local budget ordinance shall take effect less than 20 days after its final passage by Council and approval by the Mayor (unless Council overrides the Mayor's veto), unless the Council shall adopt a resolution declaring an emergency and at least 2/3 of the Council (four) vote in favor of such resolution; provided, however, that nothing herein shall affect the provisions of the Local Bond Law with respect to the effective date of ordinances passed pursuant thereto.
E. 
Certification of passage of ordinance over Mayor's veto. Whenever an ordinance has been vetoed by the Mayor and is passed by the Council over such veto in the manner provided by law, the Clerk shall append to such ordinance a certificate in substantially the following form:
"I hereby certify that the above ordinance was adopted by the Council on the _____ day of _____ and was vetoed by the Mayor by his action whereby he returned the said ordinance to the Council by delivering it to the Municipal Clerk together with a statement setting forth his objections thereto and thereafter on the _____ day of ________, _____ the Council did by a vote of 2/3 of the members thereof resolve to override the Mayor's veto. Signed, Township Clerk."
F. 
Ordinances not returned by Mayor. Whenever an ordinance shall take effect without the Mayor's signature by reason of his failure to return it to the Council by filing it with the Clerk within 10 days after it has been presented to him, the Clerk shall append to such ordinance a certificate in substantially the following form:
"I hereby certify that the above ordinance was adopted by the Township Council on the _____ day of __________, _____ and was presented to the Mayor duly certified on the _____ day of __________, _____, and, upon his failure to sign it or to return and file it with the Clerk within 10 days thereafter, the said ordinance took effect in like manner as if the Mayor had signed it.
Dated: _________________________________
Township Clerk"
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 given reasonable opportunity to be heard on matters under consideration by the Council. Such members-elect shall also be furnished with copies of all agendas, proposed resolutions and ordinances and reports and communications in the same manner as incumbent Council members during this period of time.