The rules of procedure set forth in this article shall govern
the conduct of the meetings of the Town Council.
Except as may be provided in the Charter, questions of order,
the methods of organization and the conduct of business of the Town
Council shall be governed by Robert's Rules of Procedure in all cases
to which they are applicable and in which they are not inconsistent
with the rules of the Council.
[Amended 9-11-1984 by Ord. No. MC 2742; 1-8-1985 by Ord. No. MC 2762; 1-14-1986 by Ord. No. MC 2804; 6-10-1987 by Ord. No. MC 2829; 4-12-1988 by Ord. No.
MC 2851]
A.
The Council shall meet at least once a month for a regular meeting
on the dates and times fixed by the Council, as permitted by law.
All regular meetings of the Council shall be held in the Council Chambers
or such other place as the Council may designate.
[Amended 10-10-2018 by Ord. No. MC 3667]
C.
Attendance at Municipal Council meetings. Every department head shall
attend regular Municipal Council meetings at a time designated by
the Council upon notification to the Mayor. In the event that the
department head is unable to attend these meetings, he or she shall
designate someone from his or her department to attend in his or her
absence, provided that the representative must have knowledge of the
workings of the department he or she represents and have decision-making
rank or authority within that department. Each person addressing the
Council members and/or department heads or their designee during these
meetings shall step up to the microphone provided for this purpose,
shall give his or her name and address in an audible tone of voice
for the records, and unless further time is granted by the presiding
officer, shall limit his address to five minutes. All remarks shall
be addressed to the presiding officer. No person, other than Council
members, department heads and the person having the floor, shall be
permitted to enter into any discussion, either directly or through
a Council member or department head or his or her designee, without
the permission of the presiding officer. Council members and department
heads shall be limited in their responses to five minutes in aggregate
per response.
[Added 2-11-1991 by Ord.
No. MC 2921; amended 8-10-1993 by Ord. No. MC 2979]
A.
The Mayor or the President of the Council may, and upon written request
of a majority of the members of the Council shall, call a special
meeting of the Council. The request and call for a special meeting
shall specify the purpose of the meeting, and no business shall be
transacted at any special meeting other than that so specified. The
call for a special meeting shall be filed with the Municipal Clerk,
who shall serve notice upon each Councilman as hereinafter provided
at least 24 hours prior to the time for which the meeting is called;
provided that the Mayor or the President of the Council may determine
that an emergency exists affecting the health or safety of the people
which requires consideration by the Council within a shorter time,
and upon such determination, which the Mayor or the President of the
Council shall set forth in the call, the call may be filed with the
Municipal Clerk at any time not less than three hours prior to the
time set for the meeting.
B.
Upon the filing of any call for a special meeting, the Municipal
Clerk shall forthwith give notice thereof by telephone or telegraph
to each Councilman, at such place as he 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 delivery of a copy to him
personally or by the leaving of a copy at his usual place of abode.
The Public Safety Department shall cooperate with the Municipal Clerk
in effectuating such service of notice.
[Amended 10-14-2015 by Ord. No. MC 3553]
C.
Upon written waiver of notice executed by all members of the Council,
a special meeting may be held without prior notice notwithstanding
the above provisions of this section.
[Amended 1-8-1985 by Ord.
No. MC 2762; 8-12-1986 by Ord. No. MC 2811; 6-10-1987 by Ord. No. MC 2829; 4-12-1988 by Ord. No. MC 2851]
A.
The Council may hold premeeting conferences in preparation for regular
meetings, as permitted by law. When held, the time shall be fixed
by the Council and scheduled on the same day as the regular meeting.
All premeeting conferences of the Council shall be held in the Council
Chambers or such other place as the Council may designate. A majority
of the Council may request the Mayor and/or any department head or
officer of the Township to attend any premeeting conference, and the
department head or officer, when requested to do so, shall attend
the conference.
[Amended 11-12-2014 by Ord. No. MC 3516; 10-10-2018 by Ord. No. MC 3667]
C.
The Mayor of the Township of Irvington upon written notice from the
Municipal Council shall be required to attend one premeeting conference
per month. Upon receiving written notice, the Mayor shall respond
and advise the Council of what date he/she will be in attendance at
the Council's premeeting conference.
[Added 11-13-1996 by Ord.
No. MC 3048[2]]
[2]
Editor's Note: This ordinance was vetoed by the Mayor; said
veto was overridden by a two-thirds vote of the Council 12-10-1996
by Res. No. MC 96-1210-107.
A.
All reports, communications, ordinances, resolutions, claims, license
reports, contract documents or other matters to be submitted to the
Council by its members or by the administration shall, at least 32
business hours prior to each Council meeting, be delivered to the
Municipal Clerk, whereupon the Municipal Clerk shall immediately prepare
a calendar of such matters, together with such additional matters
that he may have to present, in conformity with the prescribed order
of business as provided by this article, and shall furnish a copy
thereof to each member of the Council. He shall furnish the Mayor,
the Business Administrator, the Legislative Research Officer, directors
of the departments and all other officers with a copy of the same
prior to the Council meeting and as far in advance of the meeting
as time for preparation will permit. None of the foregoing matters
shall be presented to the Council by the administrative heads of the
several departments of the Town government except those of an urgent
nature, and the same when so presented shall have the written approval
of the Mayor before presentation to the Council; provided, however,
that the Council may bring before it any matters that it determines
necessary.
B.
Legal bills.
[Added 2-24-1998 by Ord.
No. MC 3089[1]]
(1)
Any legal bills submitted for Council approval for payment shall
be accompanied by the following:
(a)
A copy of the contract for legal services previously approved
by the administration and Municipal Council.
(b)
A resolution indicating the name of the case or cases that such
bills or invoices apply to and acknowledgment that the Law Department
for the Township of Irvington has reviewed the invoice for the scope
of services performed and acknowledges that such has been performed.
(c)
Attached to the resolution an itemized invoice from the attorney
or law firm requesting to have the bill approved for payment by the
Municipal Council.
(2)
This does not apply to matters settled, adjusted or disposed of by
counsel representing the Township's insurance carrier.
(3)
The above shall be submitted at least 32 business hours prior to
each Council meeting.
[1]
Editor's Note: This ordinance was vetoed by the Mayor; said
veto was overridden by a two-thirds vote of the Council 3-23-1998
by Res. No. MC 98-0324-23.
[Added 6-28-1983 by Ord.
No. MC 2702]
A.
Procedure.
(1)
All proposed ordinances shall be submitted to the Municipal Clerk as provided in § 7-14 of the Code, at which time the Municipal Clerk shall place said ordinance or ordinances on the agenda of the next Council conference meeting under the category of "pending business" for discussion. After this procedure has been accomplished, the Municipal Clerk shall then place said ordinance or ordinances on the agenda of the next following Council conference meeting under the category of ordinances on first reading for consideration and introduction as provided in § 7-32C of the Code.
B.
The foregoing procedures may be waived and early consideration and
adoption procedures adopted if approved by a majority of the members
of the Council present at the meeting or if permitted by statute as
an emergency matter or otherwise.
[Added 1-10-1984 by Ord.
No. MC 2719]
The members of the Municipal Council shall not submit names
to the Municipal Clerk to be placed on the agenda for consideration
for reappointment or replacement of one or more members of any board,
committee, commission or authority more than one month prior to the
expiration of the citizen member's term of office.
A.
The Council shall organize on July 1 pursuant to statute and thereupon
select from its members a presiding officer, who shall be known as
President of the Council and who shall serve for a period of two years
beginning July 1. He shall conduct all meetings in accordance with
this article and the rules adopted thereunder and maintain order at
such meetings. He shall be entitled to vote on all questions, being
called last in any roll call. The President of the Council shall sign
all ordinances and resolutions adopted by the Council during his presence.
In the event of the absence of the President of the Council, such
ordinances and resolutions shall be signed by the presiding officer.
B.
The President of the Council 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 imposed by these rules upon
all members, and shall not be deprived of any of the rights and privileges
of a Councilman by reason of his being the presiding Chairman. A majority
vote of the Council members present shall govern and conclusively
determine all questions of order not otherwise covered by this article.
C.
In the event of the temporary absence or the temporary disability
of the President of the Council, the Vice President of the Council
shall preside over the Council, and, during such absence or disability
of the President, the Vice President shall have the duties and powers
of the President of the Council. In the event that the absence or
disability of the President of the Council continues or exceeds six
months, the Council shall declare the office of the President of the
Council vacant, and the Vice President shall serve as President of
the Council for the unexpired term of the President.
[Amended 7-24-1984 by Ord. No. MC 2739]
D.
All special committees and the chairmen thereof shall be appointed
by the presiding officer from time to time as the Council by a majority
vote shall require at a regular or special meeting. All special committees
shall be made up of Council members exclusively and shall consist
of no more than four members of the Council, including the presiding
officer, who shall be a member ex officio of all special committees;
provided, however, that the presiding officer may appoint a special
committee consisting of all the members of the Council. A quorum of
each special committee appointed shall consist of a majority of the
members thereof. Meetings of special committees shall be held at such
times as do not conflict with regular meetings of the Council.
E.
The only standing committee shall be the committee of the whole,
and the rules of proceedings of the Council shall also be observed
in the committee of the whole as far as applicable. The committee
of the whole shall make its report in writing, which shall be filed
with the Municipal Clerk, returning at the same time all petitions,
resolutions or other papers submitted to it for consideration.
F.
No committee shall make public its report or determinations prior
to introduction of the report to the Council.
G.
Beginning July 1, 1984, the Municipal Council shall appoint by resolution
for a term of two years a Council member as a representative of the
Township of Irvington to the Joint Meeting of Essex and Union Counties.
[Added 7-12-1983 by Ord.
No. MC 2703]
H.
Beginning July 1, 1984, the Municipal Council shall appoint by resolution
for a term of two years a Council member to serve as Chairman of the
Alcoholic Beverage Control Board.
[Added 8-9-1983 Ord. No.
MC 2709]
I.
The Municipal Council shall elect from its members a First Vice President of the Municipal Council who shall act as President Pro Tempore during the absence or disability of the President as herein provided in Chapter 7 of the Revised Code of the Township of Irvington. The First Vice President of the Municipal Council shall be appointed at the Municipal Council's biennial inauguration and reorganization meeting and shall serve for a term of two years effective from the date of said meeting. The Municipal Council shall also elect from its members a Second Vice President of the Municipal Council who shall act as President Pro Tempore during the absence or disability of the President and First Vice President as herein provided in Chapter 7 of the Revised Code of the Township of Irvington. The Second Vice President of the Municipal Council shall be also appointed at the Municipal Council's biennial inauguration and reorganization meeting and shall also serve for a term of two years effective beginning one year from the date of said meeting.
[Added 7-24-1984 by Ord.
No. MC 2739; amended 7-12-1994 by Ord. No. MC 3001]
The Municipal Clerk, as Clerk of the Council, or his designee
in his absence, shall act as parliamentarian and shall advise and
assist the presiding officer in matters of parliamentary law.
The Legislative Research Officer or such member of his office
as he may designate shall be available to the Council at all regular
and special meetings. He or his designee shall draw ordinances for
any member of the Council when and as requested. All ordinances, resolutions,
contract documents and all other legal documents shall bear the stamp
and signature of the Legislative Research Officer approving the same
as to legality and form prior to their consideration by the Council.
No such document shall be signed by the Mayor or the administrative
heads of the various departments of the Town government until the
approval of the Legislative Research Officer is appended thereto.
The President of the Council shall take the chair at the hour
appointed for the meeting and shall immediately call the Council to
order. In the absence of the President of the Council, the Clerk of
the Council or his designee shall call the Council to order. The Clerk
of the Council shall then determine whether a quorum is present and
in that event shall call for the election of a temporary President.
Upon the arrival of the President of the Council, the temporary President
shall forthwith relinquish the chair upon the conclusion of the business
immediately before the Council.
Before proceeding with the business of the Council, the Clerk
of the Council or his designee shall call the roll of the members
in alphabetical order, and the names of those present shall be entered
in the minutes.
A.
A majority of the whole number of members of the Council shall constitute
a quorum. No ordinance, resolution or motion shall be adopted by the
Council without the affirmative vote of the majority of all the members
of the Council.
B.
Should no quorum attend within 30 minutes after the hour appointed
for the meeting of the Council, the President of the Council, or in
his absence the Clerk of the Council, or his designee, may thereupon
adjourn the meeting until the next day, unless, by unanimous agreement,
those members present select another hour or day. The names of the
members present and their action at such meeting shall be recorded
in the minutes by the Clerk.
[Amended 3-8-1977 by Ord.
No. MC 2487; 5-23-1995 by Ord. No. MC 3017; 7-11-1995 by Ord. No. MC 3021]
All regular and special meetings of the Council shall be open
to the public. Promptly at the hour set for each meeting, the members
of the Council and the Clerk thereof shall take their regular stations,
in the Council chamber, and the business of the Council shall be taken
up for consideration and disposition in the following order:
A.
Pledge of allegiance to the flag.
B.
Moment of silence.
C.
Roll call.
D.
Reading of the statement of proper notice.
E.
Hearing of citizens.
F.
Hearing of Council members.
G.
Reports and recommendations of Town officers, boards and commissions.
H.
Reports of committees.
I.
Ordinances, bills and claims.
J.
Resolutions and motions.
K.
Communications and petitions.
L.
Pending business on the calendar.
M.
New business on the calendar.
N.
Miscellaneous.
O.
Hearing of citizens.
P.
Hearing of Council members.
Q.
Adjournment.
Unless a reading of the minutes of a prior Council meeting is
requested by a majority of the members of the Council, such minutes,
when signed by the President of the Council and the Clerk of the Council,
shall be considered approved without reading, provided that the Clerk
of the Council, at least two full working days preceding the meeting,
shall deliver a copy thereof to each member of the Council.
A.
Question under consideration. When a question is presented and seconded,
it is under consideration, and no motion shall be received thereafter,
except to adjourn, to lay on the table, to postpone or to amend, until
the question is decided. These motions shall have preference in the
order in which they are mentioned, and the first two shall be decided
without debate.
B.
President or presiding officer may debate, etc. The President of
the Council 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 Councilman
by reason of his being the presiding Chairman.
C.
Every member desiring to speak for any purpose whatsoever shall address
the presiding officer and, upon recognition, shall confine himself
to the question under consideration and avoid all personalities and
indecorous language (in which event a member may be silenced). When
said debate occurs at the regular or special open business meetings
(not a premeeting conference or caucus), a member's remarks shall
be limited to 10 minutes unless further time is granted by the Council.
A member may only speak once on the subject but may speak to clear
up a matter of fact or explain a material part of his speech. A member
introducing a motion, ordinance or resolution may once again speak
on the subject as the last speaker closing the debate.
[Amended 10-11-1983 by Ord. No. MC 2715]
D.
Interruptions. A member, once recognized, shall not be interrupted
when speaking unless it is to call him to order or as herein otherwise
provided. If a member, while speaking, is called to order, he shall
cease speaking until the question of order is 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 presiding officer
upon a question of order, when, without debate, the presiding officer
shall submit to the Council the question, "Shall the decision of the
chair be sustained?," and the Council shall decide by a majority vote.
E.
Privilege of closing debate. The Councilman moving the adoption of
an ordinance or resolution shall have the privilege of closing the
debate, although he may have already spoken thereon at its moving.
F.
Roll call. Upon any roll call there shall be no discussion or explanation
given by any member voting, and he shall vote "yes" or "no" unless
he shall first receive special permission from the Council to explain
his vote. A member of the Council may abstain from voting on any matter.
The vote upon every motion, resolution or ordinance shall be
taken by roll call in alphabetical order, except that the President
of the Council shall be the last member called, and the vote by "yes"
or "no" shall be entered upon the minutes. Resolutions and ordinances
shall be signed by the presiding officer at such meetings and by the
Clerk of the Council before they are entered upon the minutes.
A.
Subject to the provisions of § 7-32, any person may petition the presiding officer for leave to address the Council, which permission shall be granted only after a showing to the satisfaction of the presiding officer that the subject matter of the address deserves the time and attention of the Council, by oral communication, on any matter over which the Council has control; provided, however, that notice is given to the Clerk of the Council 32 business hours in advance of the Council meeting in order that the same may appear on the calendar of the Council.
B.
Any person may orally petition the Council, at any Council meeting,
for leave to orally address the Council at that meeting, which leave
shall be granted only after showing to the satisfaction of a majority
of the members of the Council present that the subject matter of the
address deserves the time and attention of the Council.
[Amended 5-23-1995 by Ord. No. MC 3017; 7-11-1995 by Ord. No. MC 3021; 4-22-1997 by Ord. No. MC 3064; 9-23-2019 by Ord. No. MC 3713]
A.
Citizens seeking to address the Council at the beginning of the meeting
under Hearing of Citizens on Agenda Items Only session about agenda
items only must sign in with their name, address, telephone number
and agenda item number at the beginning of each regular Council meeting
on a form. Failure to submit the form with the required information
within five minutes from the scheduled start of the meeting shall
preclude the citizen from addressing the Council during the beginning
of the meeting under the Hearing of Citizens on Agenda Items Only
session. Citizens' remarks are also limited to three minutes, totaling
no more than 30 minutes. Questions raised by citizens during this
session of the meeting involving administrative matters shall be included
on the form and answered in writing by the appropriate administrative
department, upon it being transmitted to the appropriate administrative
departments. For the purposes of this section, no time balance from
any one citizen or any one Council member may be relinquished to another
citizen or Council member. All remarks shall be addressed to the Council
President. All remarks for the purposes of this section must pertain
directly to matters which appear on the Municipal Council's agenda
for that particular meeting. Dialogue between the person addressing
the Council and the members of Council shall not be allowed.
B.
Citizens seeking to address the Council at the end of the meeting
under the General Hearing of Citizens and Council Members session
on community issues only must sign in with their name, address and
telephone number at the beginning of each regular Council meeting
on a form. Failure to submit the form with the required information
within five minutes from the scheduled start of the meeting shall
preclude the citizen from addressing the Council at the end of the
meeting under the General Hearing of Citizens and Council Members
session. Citizens' remarks are limited to three minutes. Questions
raised by citizens during this session of the meeting involving administrative
matters shall be included on the form and answered in writing by the
appropriate administrative department, upon it being transmitted to
the appropriate administrative departments. For the purposes of this
section, no time balance from any one citizen or any one Council member
may be relinquished to another citizen or Council member. All remarks
shall be addressed to the Council President. All remarks for the purposes
of this section must pertain directly to community issues only. Dialogue
between the person addressing the Council and the members of Council
shall not be allowed.
A.
Council members. While the Council is in session, the members thereof
shall preserve order and decorum, and a member shall neither, by conversation
or otherwise, except as otherwise provided by this article, delay
or interrupt the proceedings or the peace of the Council nor disturb
any member while speaking or refuse to obey the orders of the Council
or its presiding officer.
B.
Other persons. Any person making impertinent or slanderous remarks
or who shall become boisterous, immoderate or disorderly shall forthwith
be barred from the Council chamber by the presiding officer, unless
permission to remain or address the Council is granted by the majority
vote of the Council.
[Amended 10-14-2015 by Ord. No. MC 3553]
The Director of Public Safety or such member of the Public Safety
Department as he may designate shall be the Sergeant at Arms of the
Council meetings. He shall carry out all orders and instructions given
by the presiding officer for the purpose of maintaining order and
decorum at the Council meetings.
No person, except Town officers or their representatives, shall
be permitted upon the dais of the Council or be permitted to disturb
any Councilman while on the dais, during any meeting, without the
express permission of the Council.
A.
Preparation of ordinances. The Legislative Research Officer or his designee, when requested, shall prepare ordinances, which shall be delivered to the Municipal Clerk in conformity with § 7-19. A copy of the same shall be forthwith furnished to each member of the Council by the Municipal Clerk.
B.
Prior examination by Mayor, administrative heads of departments,
etc. All ordinances, resolutions and contract documents, before presentation
to the Council by the Mayor or the Business Administrator, shall have
been reduced to writing and shall have been approved as to form and
legality by the Legislative Research Officer or his designee. Prior
to presentation, all such documents shall have first been referred
to the head of the department under whose jurisdiction the administration
of the subject matter of the ordinance, resolution or contract document
would devolve. When examined, the Mayor or Business Administrator
or his designee shall affix his signature on the document certifying
to the factual contents.
C.
Introducing for passage or approval. Ordinances, resolutions and other matters and subjects requiring action by the Council shall be introduced and sponsored by a member of the Council; except that the Mayor may present, under § 7-14, ordinances, resolutions and other matters or subjects to the Council, and any Councilman may assume sponsorship thereof by moving that such ordinance, resolution, matter or subject be adopted in accordance with law; otherwise, they shall not be considered. When a Councilman assumes sponsorship of an ordinance or resolution, he shall countersign the same in the space provided thereon.
D.
When ordinances effective. All ordinances shall take effect 20 days
after final passage and approval by the Mayor. Two-thirds of the Council
may, however, declare an emergency by written resolution to reduce
this twenty-day period, except that the period for bond ordinances
shall not be reduced.
E.
Adoption of ordinances.
F.
Passage, etc., of ordinance over veto. The Council will reconsider
any ordinance returned by the Mayor within the time permitted by the
Charter, 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 is constrained to
withhold 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 by the Council
following a veto by the Mayor, the Municipal 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 Council
of the Town of Irvington on the __________ day of __________, _____,
was delivered to me on the __________ day of __________, _____, together
with the Mayor's statement of the reasons for which he was constrained
to withhold his approval of such ordinance, item or part thereof.
On reconsideration thereof, on the __________ day of __________, _____,
(the Council duly resolved by the affirmative vote of two-thirds of
its members to enact such ordinance, item or part thereof notwithstanding
the Mayor's veto) or (the Mayor's veto was sustained).
| ||
|
Dated:
| ||
|
Municipal Clerk"
| ||
G.
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 Municipal Clerk within 10
days after it has been presented to him, the Municipal Clerk shall
append to such ordinance as engrossed a certificate in substantially
the following form:
|
"I hereby certify that the above ordinance was adopted by the
Town 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
Municipal Clerk within 10 days thereafter, the said ordinance took
effect in like manner as if the Mayor had signed it.
| ||
|
Dated:
| ||
|
Municipal Clerk"
| ||
H.
Emergency resolutions. Resolutions creating emergency appropriations
shall require five affirmative votes for adoption.
A.
Upon the receipt from the Mayor of his nomination to any office or
position, the same shall be read under communications by the Municipal
Clerk or his designee, and unless otherwise ordered, shall be considered
by the Council under "new business." When taken up for action, the
President of the Council shall put the question on each nomination
as follows: "Will the Council confirm the nomination?" On that motion,
a vote shall be ordered, and if four or more members vote to confirm,
the President of the Council shall announce, "The nomination is confirmed."
If less than four members vote to confirm, the President of the Council
shall announce, "The nomination is rejected."
B.
Action by confirmation or rejection upon a nomination made by the
Mayor shall not be postponed or delayed longer than for one regular
meeting.
C.
Within two days after confirmation or rejection of a nomination,
the Municipal Clerk shall, in writing, notify the Mayor of that fact.
All reports and resolutions shall be filed with the Municipal
Clerk and entered in the minutes.
A motion to adjourn shall always be in order and decided without
debate.
