[Ord. No. 3158, 7-26-1988, § 2-2.1]
There shall be a Council elected in accordance with N.J.S.A.
40:69A-81 et seq., which shall be comprised of seven members, elected
at large, one of whom shall be elected by the Council as Mayor, as
provided by law.
[Ord. No. 3158, 7-26-1988, § 2-2.2; amended
by Ord. No. 21-2022, 8-30-2022]
(a) Pursuant to N.J.S.A. 40:69A-83, the term of office of each Council
member elected at general election shall be for a term of four years.
[Amended by Ord. No. 44-2023, 1-23-2024]
(b) The term of each Council member elected at a general election in
November shall commence on January 1 at 12:00 noon next following
the general election.
[Amended by Ord. No. 44-2023, 1-23-2024]
(c) Commencing
with the general election to be held on November 8, 2022, nonpartisan
elections for Council shall be held at the general election in November
pursuant to the Uniform Nonpartisan Elections Law (N.J.S.A. 40:45-5
et seq.).
(d) Vacancies
in office shall be determined pursuant to N.J.S.A. 40A:16-1 et seq.,
known as the "Municipal Vacancy Law."
[Ord. No. 3158, 7-26-1988, § 2-2.3; amended
by Ord. No. 44-2023, 1-23-2024]
Pursuant to N.J.S.A. 40:69A-82, the Township shall be governed
by an elected Council and an appointed Manager and such other officers
and employees as may be duly appointed pursuant to law and pursuant
to N.J.S.A. 40:69A-88, all powers of the Township and the determination
of all matters of policy shall be vested in the Council, except as
otherwise provided by the Optional Municipal Charter Law (N.J.S.A.
40:69A-1 to 69A-210) or by general law (as defined in N.J.S.A. 40:69A-28).
Pursuant to N.J.S.A. 40:69A-90, the Council shall continue or create
and determine and define the powers and duties of such executive and
administrative departments, boards, and offices as it may deem necessary
for the proper and efficient conduct of the affairs of the Township.
[Ord. No. 3158, 7-26-1988, § 2-2.4]
The Council is responsible for the fiscal and financial policies
of the Township and shall have the duty to raise the revenues required
by the Township and to adopt an annual budget, which will include
all appropriations required by state law.
[Ord. No. 3158, 7-26-1988, § 2-2.5]
(a) Within the framework of the policies established by the Council are
the delegated duties of the Manager, his department heads and other
appropriate officials and employees of the Township. The Council shall
require the Manager to establish the organizational structure, duties,
plans and responsibilities of those department heads and their major
subordinates, reporting to the Manager within the framework of the
general administrative policy set forth herein and to submit such
written plans, organization and operational delineation of duties
to the Council for concurrence and approval, within 30 days of the
adoption of the Charter; thereafter, revisions and modifications shall
be reviewed and submitted to the Council semiannually and at such
other times as significant changes are necessary or as the Council
may require. Included among the foregoing reports by the Manager to
the Council shall be the following:
(1) A current personnel procedures manual.
(2) A current purchasing procedures manual.
(3) A current risk management procedures report.
(4) All current labor contracts of the Township.
(5) A current space allocation report, containing the number of square
feet used by all departments and offices and a projection of future
needs.
(6) The Manager's written opinion of each department and office of the
Township, including, without limitation, whether or not each is operating
at peak efficiency, is properly budgeted, is properly staffed and
whether any new capital items or personnel transfers are requested
for the next budget year.
(7) An inventory program for all Township property.
(b) The Council shall establish such other and further procedures and
goals for the Manager as it from time to time deems necessary.
[Ord. No. 44-2023, 1-23-2024]
The Council shall, on January 1 next following the general election,
at 12:00 noon, or at some other hour on any day during the first week
in January as fixed by resolution of the Council, assemble at a location
designated by the Council to organize itself and elect one of its
number as Mayor, another as Deputy Mayor I, another as Deputy Mayor
II, and make such other appointments, perform such other functions
and carry on such other business as is appropriate. Until the election
of the Mayor occurs, the Clerk shall preside over the organizational
meeting, but the Mayor shall preside once elected.
[Ord. No. 3158, 7-26-1988, § 2-2.6; amended
by Ord. No. 3399, 8-9-1994, § 1; Ord.
No. 21-2022, 8-30-2022; Ord. No. 44-2023, 1-23-2024]
The Council shall appoint, within the framework of appropriate ordinances and resolutions adopted by the Council and within the authority of all general laws and statutes of the State of New Jersey, including, without limitation, N.J.S.A. 40:69A-89, 40:69A-95, 40A:9-146 and 2B:12-4, the following personnel: Tax Assessor, Auditor, Attorney, all legal assistants specified in §
2-35 of this Township Code, Manager, Clerk, Judge of the Municipal Court, Class III and IV members of the Planning Board and two alternates, all members of the Zoning Board of Adjustment and two alternates, and such other officers, offices and boards as are permitted or required by law and/or as the Council may deem necessary for the proper and efficient conduct of the affairs of the Township.
[Ord. No. 44-2023, 1-23-2024]
The Council may create or continue any special committees or
task force as may be necessary from time to time and appoint as many
members as may be necessary, but no more than three members of the
Council, to accomplish the goals of such committee or task force.
[Ord. No. 3158, 7-26-1988, § 2-2.7; amended
by Ord. No. 19-2016, 5-31-2016; Ord.
No. 44-2023, 1-23-2024]
The Mayor shall preside at all meetings of the Council and shall
have a voice and a vote in its proceedings but shall not have the
power of veto. The Mayor shall appoint the members of and fill vacancies
in the Library Board and shall appoint the Class II member of the
Planning Board and shall sit as the Class I member of the Planning
Board. All bonds, notes, contracts and written obligations of the
Township shall be executed on its behalf by the Mayor or, in the event
of the absence or disability of the Mayor, by the Deputy Mayor I or,
in the event of the absence or disability of both the Mayor and Deputy
Mayor I, by the Deputy Mayor II. The term of the Mayor, Deputy Mayor
I and Deputy Mayor II shall be for two years and shall expire upon
the election of a successor at the next organizational meeting of
the Council. If a vacancy occurs in the office of Mayor, by reason
of death, resignation or otherwise, the Deputy Mayor I or, in the
absence of the Deputy Mayor I, then the Deputy Mayor II shall become
the acting Mayor, with all the powers and duties of the Mayor, until
a successor Mayor is elected and qualified at the next reorganizational
meeting.
[Ord. No. 3158, 7-26-1988, § 2-2.9; amended by Ord. No. 3162, 8-9-1988, § 2; Ord. No. 3361, 6-22-1993, § 1; Ord. No. 3488, 12-3-1996, §§ 1,
2; Ord. No. 3692, 10-30-2001, §§ 1, 2; Ord.
No. 3702, 2-5-2002, § 1; Ord.
No. 3735, 11-12-2002, § 1; Ord.
No. 3848, 1-4-2005, § 1; Ord.
No. 4139, 8-18-2009, § 1; Ord. No. 19-2016, 5-31-2016; Ord. No.
21-2022, 8-30-2022]
(a) Regular meetings. The Council shall hold regular meetings as set
forth on the annual schedule of meetings or as determined by the Council
by periodic resolution, beginning at 7:00 p.m. unless a different
starting time is designated in the notice of meeting. The Council
may by resolution dispense with one or more meetings otherwise scheduled.
The Clerk shall post a copy of the agenda, copies of the full text
of all ordinances (within 24 hours of the Council's affirmative vote
to introduce an ordinance by title only) and copies of resolutions
on the bulletin board, in the Municipal Building and shall provide
sufficient copies of the same (when required) to the members of the
public attending Council meetings or who request the same by mail.
(b) Special meetings. Special meetings may be called at any time by the
Mayor or upon written request of a majority of the full membership
of the Council. The business of a special meeting shall be specified
in the call for such meeting and no other business may be considered.
The call for such special meeting shall be delivered to the Clerk,
who shall forthwith deliver written notices of said special meeting
to each member of the Council at his or her residence or at such place
as shall have been previously designated by the Council for that purpose.
All special meetings shall comply with the Open Public Meetings Act and may not be called on less than 48 hours' advance notice
to the designated newspapers to receive notice under the Open Public
Meetings Act and to the members of the Council, as set forth above,
unless the Council declares that an emergency exists affecting the
health, safety and welfare of the people, requiring a meeting in a
shorter time and in compliance with the emergency provisions of the
Open Public Meetings Act. In such event, the Clerk, on the filing
of a call for an emergency special meeting, shall forthwith notify
the members of the Council by telephone, electronically, or such other
means at the Clerk's disposal and in accordance with the Open Public
Meetings Act. The Police Department shall cooperate with the Clerk
in effecting the service of such notice. A special meeting may be
held without prior notice, upon a written waiver of notice, executed
by a quorum of all of the members of the Council and filed with the
Clerk, provided such meeting complies with the Open Public Meetings
Act.
(c) Continued meetings. A continued meeting shall be a continuation of
the last preceding meeting, business being resumed where it was left
at the time of adjournment. A continued meeting shall complete the
business of the last preceding meeting and shall not initiate new
business.
(d) Township officers or employees shall attend the regular or special
meetings if required by the Manager.
(e) Meeting agendas. Any member of the Council may add items to a regular
meeting agenda, provided that said addition is given to the Clerk
no later than Thursday 12:00 noon with respect to the meeting on the
following Tuesday.
(f) Closed session meetings. The Council may hold a closed session meeting
in accordance with N.J.S.A. 10:4-6 et seq. (the Open Public Meetings
Act) at any meeting as set forth on the annual schedule of meetings
or as may otherwise be determined by the Council following the adoption
of a resolution during the open portion of the meeting to enter into
closed session in accordance with the provisions of the Open Public
Meetings Act.
[Ord. No. 3158, 7-26-1988, § 2-2.10; amended by Ord. No. 3361, 6-22-1993, § 1; Ord. No. 3736, 11-12-2002, § 1; Ord. No. 3849, 1-4-2005, § 1; Ord. No. 4139, 8-18-2009, § 1; Ord. No. 15-2015, 3-24-2015; Ord. No. 44-2023, 1-23-2024]
(a) The business of the Council at regular meetings and, as applicable,
at special meetings shall be taken up for consideration and disposed
of in the following order, unless such order is changed by a majority
vote of a quorum present of the Council:
(1) Mayor's announcement of Open Public Meetings Act statement.
(2) Roll call of Council members in attendance.
(3) Motion to go into closed session.
(4) Closed session discussion.
(5) Motion to return to open session.
(7) Mayor's announcement of Open Public Meetings Act statement.
(8) Roll call of Council members in attendance.
(9) Proclamations and presentations (if any).
(10)
Work session items:
e.
Committee reports by Council liaisons.
g.
Township Manager's report.
h.
Township Attorney's report (if any).
(11)
Formal meeting items:
a.
Public hearings and adoption of ordinances.
b.
Meeting open to the public for good and welfare and public input
on any matters on the agenda.
c.
Consent agenda (raffles) (minutes) (resolutions) (bill list).
d.
Introduction of ordinances.
(b) Notwithstanding the foregoing, the Council may modify the order of
business to accommodate the public or to deal with a matter of priority.
(c) The public shall be allowed to comment for a period not to exceed
three minutes per person on such matters for which the law requires
a hearing to be conducted. Under the portion of the meeting open to
the public for good and welfare or public input on any matters on
the agenda, the public shall be allowed to comment for a period not
to exceed three minutes per person on any matter in the nature of
good and welfare, whether or not on the agenda, and on any matters
on the agenda for a total period not to exceed one hour if needed
to entertain public comments as permitted by this section. At the
conclusion of the public comment portion of good and welfare, each
Council member may respond for a time period not to exceed three minutes,
and thereafter the agenda shall be resumed. During any time the public
is allowed to speak, including good and welfare, the Mayor, as presiding
officer, shall have discretion to cut off any repetitive, irrelevant
or excessive public comment in the interests of allowing members of
the public time to speak and completing the public business within
a reasonable period of time.
(d) The close of a meeting shall be 11:00 p.m. in order to permit decisions
to be made at a time that is conducive to thoughtful and alert participation
by both the public and the Council, unless the Council votes to extend
the time for such meeting.
(e) Official action may be taken at both the formal session and the work
session portion of any regular or special meeting.
[Ord. No. 3158, 7-26-1988, § 2-2.11; amended by Ord. No. 4139, 8-18-2009, § 1; Ord. No. 44-2023, 1-23-2024]
The minutes of previous meetings of the Council may be approved
without reading if the Clerk has previously furnished each member
of the Council with a copy thereof three working days preceding the
meeting at which the minutes are to be approved; however, any member
of the Council may cause the minutes or any part thereof to be read
prior to approval.
[Ord. No. 3158, 7-26-1988, § 2-2.12; amended by Ord. No. 4139, 8-18-2009, § 1; Ord. No. 44-2023, 1-23-2024]
A majority of the members elected to the Council shall constitute
a quorum at a regular or special meeting. In the event that no quorum
is present within 30 minutes following the appointed time for a meeting,
the Clerk shall declare the meeting adjourned.
[Ord. No. 4139, 8-18-2009, § 1; Ord. No.
44-2023, 1-23-2024]
Except where a greater vote is otherwise required by law, the
adoption of an ordinance shall require the affirmative vote of a majority
of all the members of the Council, and all other matters may be passed
by the affirmative vote of a majority of a quorum of the Council present.
[Ord. No. 44-2023, 1-23-2024]
(a) With respect to all appointments to all statutory and advisory boards,
commissions, or agencies to be made by Council:
(1) The Township Clerk shall, at all times, make available a list of
all positions that are eligible to be filled by the Council, regardless
of whether they are currently filled or vacant. This list shall be
available in-person and electronically through the Township's
website. It shall list all individuals who currently hold any such
position as well as provide the date their term is set to expire.
(2) The Township Clerk shall, at all times, make forms available to the
public for application to such positions. These applications shall
be available in-person and electronically through the Township's
website. The Township Clerk shall keep a list of all applicants for
all positions for the preceding two years.
(3) At least three months prior to the filling of any vacancies due to
the expiration of any term, the Clerk shall notify the public about
the position to be filled. At least four weeks prior to the filling
of any unexpected vacancies prior to the expiration of any term, the
Clerk shall notify the public about the position to be filled. Upon
notice to all applicants from the preceding two years, as described
above, a personnel subcommittee of three members of the Council will
meet to interview all such applicants who request an interview on
a rolling basis.
(4) The personnel subcommittee shall present the full Council with a
list of as many recommended candidates as there are positions to be
filled. The full Council shall be entitled to interview all recommended
candidates during closed session prior to voting on the nominations.
Any member of the Council may interview any applicant outside of closed
session, even if not included on the list of recommended candidates,
so long as there are not sufficient Councilmembers present to trigger
a quorum under the Open Public Meetings Act. Any member of the Council
shall also be entitled to invite as many applicants as there are positions
available to be interviewed by the full Council in closed session
prior to voting on the nominations, even if not recommended by the
personnel subcommittee.
(5) Once the full Council has interviewed all recommended candidates
in closed session, should they choose to do so, the Council may vote
at a subsequent regular or special Council meeting to fill said positions.
Any Councilmember may nominate any candidate who has applied for a
position. Only individuals who have applied for a position may be
nominated for said position.
[Ord. No. 44-2023, 1-23-2024]
(a) The Mayor or other Chair 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 Councilmember by virtue of occupying the Chair.
(b) Every member of the Council has the right to debate or to discuss
business that is introduced to the Council in the form of a main motion.
Only a motion to limit debate or to close debate can take away or
limit this right, and either motion must have a 2/3 vote.
(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, they shall not be interrupted for any reason other than
a call to order; and in such case, the Chair shall rule promptly on
the point of order and the speaker shall be allowed to proceed if
they are in order.
(d) The Councilmember who has made a motion shall be entitled to the
privilege of closing debate.
(e) A motion to reconsider may be made by a Councilmember on the prevailing
side, and such motion may be made only at the same meeting or at an
adjournment thereof as which the action was taken.
(f) A motion to adjourn shall always be in order and shall be decided
without debate.
[Ord. No. 44-2023, 1-23-2024]
(a) 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.
(b) The Police Chief shall, upon request of the Chair, designate a member
of the Department to serve as Sergeant-at-Arms at Council meetings.
They shall carry out all orders and instructions given by the Chair
for the purpose of maintaining order and decorum at such meeting.
[Ord. No. 44-2023, 1-23-2024]
Except as may be provided in the Charter, questions of order,
methods of organization and the conduct of business of the Council
shall be governed by Robert’s Rules of Order in all cases to
which they are applicable and in which they are not inconsistent with
the rules of procedure hereinafter set forth in this chapter.
[Ord. No. 3158, 7-26-1988, § 2-2.15; amended by Ord. No. 4139, 8-18-2009, § 1; Ord. No. 44-2023, 1-23-2024]
The Council may, by unanimous consent, suspend the rules of
procedure or the order of business.
[Ord. No. 3158, 7-26-1988, § 2-2.16; amended by Ord. No. 4139, 8-18-2009, § 1; Ord. No. 44-2023, 1-23-2024
All meetings of the Council shall be held in accordance with
the provisions of the Open Public Meetings Act, N.J.S.A. 10:4-6 et
seq., as now or hereafter amended.