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.
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]
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.
