This article shall be known and may be cited as "Rules of Procedure"
and is hereinafter sometimes referred to as "the rules."
[Amended 4-9-2002 by Ord. No. 11-2002; 4-28-2009 by Ord. No.
7-2009]
A.
Regular meetings.
(1)
The Council meets every other Tuesday. Exact dates of the meetings
can be viewed at the Township's website, www.mountolivetownship.com,
or by calling the Township Clerk's office at 973-691-0900, Ext. 7290.
B.
Special meetings.
(1)
The Mayor or the President of the Council may, and upon written 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 Municipal Clerk at least 24 hours before the time
for which the meeting is called, and the Clerk shall forthwith give
notice thereof by telephone or telegram to each Councilman 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 Councilman by giving a copy to him personally
or by leaving a copy at his usual place of abode. The Clerk shall
also forthwith release copies of the call to an officially designated
newspaper or newspapers and post at least one copy of the call in
a prominent place in the Municipal Building. Upon written consent
executed by 2/3 of the members of the Council, a special meeting may
be held without prior notice notwithstanding the above provisions
of this section, but the Township Clerk or the Council President shall
forthwith give notice of such special meeting by telephone to each
Councilman and the Mayor at such places as the latter shall have previously
designated for that purpose.
(2)
The Council itself may call a special meeting by motion adopted by
a majority of its members present at any regular meeting. The motion
calling for such special meeting by the Council shall specify the
purpose of the meeting, and no other business shall be transacted
at that meeting unless otherwise permitted under this chapter. The
Township Clerk shall give notice of such special meeting as required
hereinabove. In the event that there is insufficient time for written
notice, then the Township Clerk or the Council President shall forthwith
give notice of such special meeting by telephone as provided above.
[Added 1-22-1974 by Ord. No. 1-74]
C.
Place of meetings. All meetings of the Council shall be held at the
Township Municipal Building, within the Township Municipal Complex,
located at 204 Flanders - Drakestown Road, Mount Olive, New Jersey
07878, except that, in case of an emergency making it impracticable
to conduct the business of the Council at the established location,
the Council, by resolution, upon such reasonable public notice as
the circumstances permit, may meet in or adjourn a meeting to any
other building in the Township.
[Amended 11-9-2004 by Ord. No. 37-2004]
D.
Public meetings. All regular and special meetings of the Council
shall be open to the public. The Business Administrator, the Attorney,
the Clerk, the Treasurer, the Engineer and other Township officers
or employees shall attend if required by the Council or the Mayor.
E.
Conference meetings. The Council may meet in informal conference
for consideration of Township business or the preparation of the agenda
for its future meetings. All such meetings shall be held in conformity
with the New Jersey Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.
Pursuant to the "Prompt Payment Law," construction-related vouchers
may be approved by the Township Council at conference meetings.
[Amended 3-8-1977 by Ord. No. 677; 2-27-2007 by Ord. No. 5-2007]
[Amended 2-22-1983 by Ord. No. 2-83]
A.
At the respective January organization meeting, the Council shall
choose a President of the Council, who shall serve for a term of one
year or until his successor is appointed, and he shall:
(1)
Appoint such special committee of the Council as may be required.
(2)
Preside at all meetings of the Council and of the committee of the
whole.
(3)
State the question and announce the result on all matters upon which
the Council may vote.
(4)
Rule on all questions of order, subject to appeal of the Council.
(5)
Sign all ordinances and resolutions adopted in his presence.
(6)
Have such other functions, power and duties as the Council may from
time to time prescribe.
B.
The Council, at the respective January organization meeting, may
choose a Vice President of the Council, who shall serve for a term
of one year or until his successor is appointed and shall preside
at all meetings of the Council in the absence of the President and
sign all ordinances and resolutions adopted in his presence.
C.
Notwithstanding the foregoing, any member of the Council may be chosen
as President or Vice President for one or more consecutive terms.
The Township Clerk shall serve as Clerk of the Council in accordance
with the Administrative Code. In the absence of the Clerk, the Deputy
Clerk shall assume the functions of the Township Clerk. The Clerk
shall keep minutes and records of the Council's proceedings, maintain
and compile its ordinances and resolutions and perform such other
functions and duties as may be required by law.
The Mayor may attend all meetings of the Council and may otherwise
take part in discussions of the Council, but he shall have no vote,
except in the instance of a tie in the vote to fill a Council vacancy,
in which case he may cast the deciding vote.
An agenda for each regular meeting of the Council shall be prepared
by the Clerk, under the supervision of the President of the Council.
The agenda shall be completed not later than 4:00 p.m. on the day
of the regular meeting of the Council. The agenda for each regular
meeting shall include only such matters of Council business as have
been considered at the previous conference session. As soon as the
agenda for each meeting has been prepared, the Clerk shall provide
a copy for each Councilman and deliver a copy to the office of the
Mayor and to each department head. Upon approval of the President
of the Council, emergency matters may be added to the agenda.
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 his assistant 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.
At the opening of each meeting of the Council, the Clerk shall
call the roll, and the names of those present shall be recorded in
the minutes. Four members of the Council shall constitute a quorum.
If a quorum is not present 1/2 hour after the appointed time for any
meeting, the presiding officer shall declare the meeting adjourned.
[Amended 1-22-1974 by Ord. No. 1-74]
A.
The regular business meetings of the Council and, so far as practicable,
the special meetings of the Council shall be called to order and shall
proceed as follows:
(1)
Pledge of allegiance.
(2)
Roll call.
(3)
Approval of minutes.
(4)
Correspondence.
(5)
Council reports.
(6)
Ordinance public hearings.
(7)
Ordinance first reading.
(8)
Resolutions and special motions.
(9)
Unfinished business.
(10)
New business.
(11)
Miscellaneous.
(12)
Council comments.
(13)
Special administrative, engineering and legal reports.
(14)
Public portion.
(15)
Closing Council comments.
(16)
Adjournment
B.
The President of the Council, in his discretion, may change the order
of business as he deems appropriate 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 Clerk shall, so far as practicable, prepare and distribute
to the Council minutes of each meeting promptly after the meeting.
The minutes of any meeting may be approved without reading whenever
they have been distributed at least 21 hours prior to the time of
approval. The minutes of each meeting shall be signed by the presiding
officer and by the Clerk.
[Amended 3-26-1974 by Ord. No. 16-74]
There shall be such standing committees of the Council as the
Council so desires to establish. In addition, the Council may act
as a committee of the whole. The rules of the Council shall govern
the meetings of any standing committee or a committee of the whole
so far as applicable. Special committees may be appointed by the President
pursuant to resolution. No special committee shall proceed to the
consideration of any matter referred to it unless a majority of the
members of the committee shall be present.
The vote upon every motion, resolution and ordinance shall be
taken by roll call. Upon the roll call there shall be no discussion
or explanation by any member voting, unless he shall first receive
the President's approval to explain his vote, and the yeas and nays
shall be entered on the minutes.
A.
The Mayor's nomination to any office or position as required by the
code shall be presented under administrative reports and voted on
under new business. Confirmation or rejection upon a nomination made
by the Mayor shall not be postponed or delayed beyond one regular
meeting. Within two days after confirmation or rejection of said nomination,
the Clerk shall give written notification to the office of the Mayor.
B.
With respect to appointments to be made by the Council, any member
of the Council may nominate as many candidates as there are offices
to be filled. The Council will consider such nominations in committee
of the whole. Where there is a single office to be filled, the first
nominee to receive a majority vote shall be deemed appointed. Where
there is more than one office to be filled, such as on a board, commission
or authority, the same procedure shall be followed with respect to
each office separately until the total number of appointments to be
made has been completed. In the discretion of the Chair, a group of
nominations may be considered at once where there is no apparent division
in the Council as to the nominees included in the group.
A.
Except as otherwise specifically provided in these rules, the proceedings
of the Council shall be governed by Roberts Rules of Order.
B.
The President of the Council, or the Vice President in his absence,
may move, second and debate from the Chair and shall not be deprived
of any right to vote or of any other rights, powers or duties of a
Councilman by virtue of occupying the office of President or Vice
President of the Council.
C.
A member of the Council shall be entitled to the floor only upon
recognition by the Chair. Once a member has been recognized and taken
the floor, he shall not be interrupted for any reason other than a
point of order, and in such case the Chair shall rule promptly on
the point of order, and the speaker shall be allowed to proceed if
he is in order. Any member may appeal to the Council from a decision
of the Chair upon a question of order when, without debate, the Chair
shall submit to the Council for a majority vote the question "Should
the decision of the Chair be sustained?"
D.
The Councilman who has made a motion shall be entitled to the privilege
of closing debate.
E.
A motion to reconsider may be made by a Councilman 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.
F.
A Councilman shall be entitled to have his remarks included in the
minutes.
G.
The President, with the consent of the Council, may direct a synopsis
of the debate on any question to be included in the minutes.
A.
No person shall address any remark or question to any specific Councilman,
except by permission of the President of the Council; nor shall any
person be permitted to address the Chair while a motion is pending.
A Councilman may, through the Chair, respond to any communication
or address received pursuant to this section.
B.
Persons addressing the Council pursuant to this section shall at
no time engage in any personal, offensive or abusive remarks. Unless
further time is granted by the President, such persons shall limit
their statements to five minutes. The Chair shall call to order any
speaker who violates any provisions of this rule.
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 nor 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 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
that 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 and be reviewed
at a conference meeting prior to submission for public action.
C.
All resolutions shall take effect immediately upon final passage
by the Council, unless otherwise specified in the resolution as approved.
D.
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.
E.
All ordinances shall be introduced, read, heard and enacted in the
manner provided by the Charter and general law. Each ordinance passed
by the Council shall be forthwith delivered by the Clerk to the Mayor.
Each ordinance shall be returned by the Mayor to the Township Clerk
after the Mayor has affixed his signature thereto or after the expiration
of 10 days from the date of its delivery to the Mayor in any event.
F.
The affirmative vote of a majority of all the members of the Council
shall be necessary for the adoption of any ordinance, except as provided
otherwise by the Charter or general law.
Within the time permitted by the Charter, the Council will reconsider
any ordinance returned by the Mayor together with a statement setting
forth his objections thereto or to any item or part thereof. Such
reconsideration of the ordinance or any item or part thereof from
which the Mayor has withheld his approval shall be at the next meeting
of Council which occurs not less than three days following the return
of the ordinance by the Mayor. Whenever an ordinance has been reconsidered
and passed by the Council following a veto by the Mayor, the Clerk
shall append to such ordinance a certification of the action of the
Council upon such reconsideration in substantially the following form:
|
"I HEREBY CERTIFY that the above ordinance adopted by the Township
Council on the _____ day of __________, 20_____, was delivered to
me on the _____ day of __________ 20_____, together with the Mayor's
statement of the reasons for which he has to withhold his approval
of such ordinance item or part thereof. On reconsideration thereof
on the _____ day of __________, 20_____ [the Council duly resolved
by the affirmative vote of 2/3 of its members to enact such ordinance
item or part thereof notwithstanding the Mayor's veto] or (the Mayor's
veto was sustained).
| |
|---|---|
|
Dated: __________
| |
|
Township Clerk"
| |
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 adopted by the Township
Council on the _____ day of __________, 20_____, and was presented
to the Mayor duly certified on the _____ day of __________ 20_____,
and upon his failure to sign it or to return and file it with the
Clerk within 10 days thereafter, said ordinance took effect in like
manner as if the Mayor had signed it.
| |
|---|---|
|
Dated: __________
| |
|
Township Clerk"
| |
All reports to the Council and all resolutions shall be filed
with the Township Clerk and entered in the minutes of the Council.
A motion to adjourn shall always be in order and shall be decided
without debate.
