The legislative power of the Township shall be exercised by
the Council. Legislative powers shall be exercised by ordinance, except
for the exercise of those powers that under the Faulkner Act, or general
law, do not require action by the Mayor as a condition of approval
for the exercise thereof, and may, therefore, be exercised by resolution,
including, but not limited to:
A.
The
override of a veto of the Mayor;
B.
The
exercise of advice and consent to actions of the Mayor;
C.
The
conduct of a legislative inquiry or investigation;
D.
The
expression of disapproval of the removal by the Mayor of officers
or employees;
E.
The
removal of any municipal officer for cause;
F.
The
adoption of rules for the Council;
G.
The
establishment of times and places for Council meetings;
H.
The
establishment of the Council as a committee of the whole and the delegation
of any number of its members as an ad hoc committee;
I.
The
declaration of emergencies respecting the passage of ordinances;
J.
The
election, appointment, setting of salaries and removal of officers
and employees of the Council, subject to any pertinent contractual
obligations, and within the general limits of the municipal budget;
K.
Designation
of official newspapers;
L.
Approval
of contracts presented by the Mayor;
M.
Actions
specified as resolutions in the "Local Budget Law" (N.J.S.A. 40A:4-1
et seq.) and the "Local Fiscal Affairs Law" (N.J.S.A. 40A:5-1 et seq.);
and
N.
The
expression of Council policies or opinions which require no formal
action by the Mayor.
A.
Regular
meetings.
(1)
The Council shall meet annually for organization on any day during
the first week in January. The Council shall thereafter hold a regular
meeting at least once per month, at a date and time to be fixed by
resolution of the Council. All regular meetings shall be held in the
municipal building of the Township or at some other place suitable
for public assemblage to be designated for a particular meeting or
meeting by resolution of the Council.
(2)
Within seven days following the annual organization of the Council,
the Council shall file with the Municipal Clerk a schedule of the
regular meetings of the Council to be held during the succeeding year
and:
(a)
Prominently post and maintain posted throughout the year the schedule
in at least one public place reserved for such or similar announcements;
and
(b)
Mail, telephone, telegraph, e-mail, fax or hand deliver the schedule
to at least two newspapers, which newspapers shall be designated by
the Council to receive such notices because they have the greatest
likelihood of informing the public within the Township of such meetings,
one of which shall be the official newspaper, where any such has been
designated by the Council.
(3)
Such schedule shall contain the location of each meeting to the extent
it is known and the time and date of each meeting. In the event that
such schedule is thereafter revised, the Council, within seven days
following such revision, shall post, mail and submit such revision
in the manner described above.
B.
Special
meetings.
(1)
The Mayor, the President of the Council or, by written request, a
majority of the total membership of the Council, may call a special
meeting of the Council. The request and notice calling for such special
meeting shall specify the purpose of the meeting and no other business
shall be considered at any special meeting other than that specified.
Any notice calling for a special meeting shall be filed with the Municipal
Clerk as far in advance as possible from the date for which the meeting
is called in order to allow him/her to comply with the notice provisions
of the Open Public Meetings Act, N.J.S.A. 10:4-1 et seq.
(2)
The Clerk shall forthwith give notice thereof by telephone to each
member of the Council, at such place as each member of the Council
shall have previously designated for that purpose, and shall also
serve or cause to be served a written copy of the notice calling for
a special meeting upon each member of the Council, by delivery of
a copy to him/her personally, or by delivery of a copy by placing
the copy in his/her mailbox located in the Township Clerk's office
or by leaving a copy at his/her usual place of abode. The Police Department
shall cooperate with the Clerk in effectuating such service of notice.
(3)
There shall be written advance notice of at least 48 hours, giving
the time, date, location and to the extent known, the agenda of the
special meeting, which notice shall accurately state whether formal
action may or may not be taken and which shall be:
(a)
Prominently posted in at least one public place reserved for such
or similar announcements;
(b)
Mailed, telephoned, telegraphed or hand delivered to at least two
newspapers, which newspapers shall be designated by the Council to
receive such notices because they have the greatest likelihood of
informing the public within the Township of such meeting, one of which
shall be the official newspaper, where any such has been designated
by Council; and
(c)
Filed with the Municipal Clerk.
(4)
Urgent matters. Upon the affirmative vote of 3/4 of the members present,
the Council may hold a meeting notwithstanding the failure to provide
adequate notice if:
(a)
Such meeting is required in order to deal with matters of such urgency
and importance that a delay for the purpose of providing adequate
notice would be likely to result in substantial harm to the public
interest; and
(b)
The meeting is limited to discussion of, and acting with respect
to, such matters of urgency and importance; and
(c)
Notice of such meeting is provided as soon as possible following the calling of such meeting by posting written notice of the same in the public place described in Subsection B(3) above, and also by notifying the two newspapers described in Subsection B(3) by telephone, telegram, e-mail, fax or by delivering a written notice of same to such newspapers; and
(d)
Either:
[1]
The Council could not reasonably have foreseen the need for such
meeting at a time when adequate notice could have been provided; or
[2]
Although Council could reasonably have foreseen the need for such
meeting at a time when adequate notice could have been provided, it
nevertheless failed to do so.
C.
Public
meetings.
(1)
All regular and special meetings of the Council shall be open to the public, except as set forth in Subsection C(2) below. Regular meetings of the Council shall be attended by the Business Administrator, Clerk and such other Township officers, employees or attorneys as the Council may request. Special meetings shall be attended by the Clerk and such other Township officers, employees or attorneys as the Council may request.
(2)
Closed session. The public may be excluded from that portion of a
meeting at which the Council discusses the following after adoption
by the Council in open session of an appropriate resolution authorizing
the closed session:
(a)
Any matter which, by express provision of federal law or state statute
or rule of court, shall be rendered confidential or excluded from
or pursuant to Subsection b of N.J.S.A. 10:4-12, the "Open Public
Meetings Act";
(b)
Any matter in which the release of information would impair a right
to receive funds from the government of the United States;
(c)
Any material the disclosure of which constitutes an unwarranted invasion
of individual privacy, such as any records, data, reports, recommendations,
or other personal material of any educational, training, social service,
medical, health, custodial, child protection, rehabilitation, legal
defense, welfare, housing, relocation, insurance and similar program
or institution operated by a public body pertaining to any specific
individual admitted to or served by such institution or program, including,
but not limited to, information relative to the individual's personal
and family circumstances, and any material pertaining to admission,
discharge, treatment, progress or condition of any individual, unless
the individual concerned (or, in the case of a minor or incompetent,
his/her guardian) shall request, in writing, that the same be disclosed
publicly;
(d)
Any collective bargaining agreement, or the terms and conditions
which are proposed for inclusion in any collective bargaining agreement,
including the negotiation of the terms and conditions thereof with
employees or representatives of employees of the Township;
(e)
Any matter involving the purchase, lease or acquisition of real property
with public funds, the setting of banking rates or investment of public
funds, where it could adversely affect the public interest if discussion
of such matters were disclosed;
(f)
Any tactics and techniques utilized in protecting the safety and
property of the public, provided that their disclosure could impair
such protection;
(g)
Any investigations of violations or possible violations of the law;
(h)
Any pending or anticipated litigation or contract negotiation, other than in Subsection C(2)(d) herein, in which the public body is, or may become a party, and any matters falling within the attorney-client privilege, to the extent that confidentiality is required in order for the attorney to exercise his/her ethical duties as a lawyer;
(i)
Any matter involving the employment, appointment, termination of
employment, terms and conditions of employment, evaluation of the
performance of, promotion or disciplining of any specific prospective
public officer or employee or current public officer or employee employed
or appointed by the public body, unless all the individual employees
or appointees whose rights could be adversely affected request, in
writing, that such matter or matters be discussed at a public meeting;
(j)
Any deliberation of a public body occurring after a public hearing
that may result in the imposition of a specific civil penalty upon
the responding party or the suspension or loss of a license or permit
belonging to the responding party as a result of an act or omission
for which the responding party bears responsibility.
D.
Roll
call. As soon as the meeting is called to order, the Clerk, or the
Deputy Clerk, shall call the roll of the members, and the names of
those present shall be entered in the minutes.
E.
Quorum.
A majority of the Council shall constitute a quorum at any regular
or special meeting of the Council but, where a meeting has been called
to order, it may be adjourned by a majority of the members of the
Council present. No official action may be taken by the Council without
a quorum. If no quorum is present 1/2 hour after the appointed time,
the Clerk shall declare that there is no meeting. No ordinance shall
be adopted by the Council without the affirmative vote of a majority
of all the members of the Council. On all other business, other than
adoption of ordinances, a vote of the majority of Council present
shall be sufficient, except as otherwise provided by law.
F.
Order
of business and agenda.
(1)
Order of business. The business of the Council shall be taken up
for consideration and disposed of in the form and manner set forth
on the agenda for the meeting.
(2)
Change order of business. The President of the Council may change
the order of business as (s)he deems necessary in order to expedite
the completion of business to be considered.
(3)
Agenda. The agenda for each regular and special meeting of the Council
shall be prepared by the Clerk. 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, a member of the Council, the
Administrator, or the Township Attorney not later than 12:00 noon
on the Friday preceding the meeting. As soon as the agenda for each
meeting has been prepared, the Clerk shall deliver a copy to each
Councilperson, the Mayor, the Administrator, the Township Attorney
and each department head. (S)He shall, upon request, make available
for inspection, copies of each agenda.
(4)
Consent agenda.
(a)
There is hereby authorized a consent agenda for inclusion as part
of the agenda of every regularly scheduled meeting of the Council.
(b)
Those items on the Council agenda which are considered routine by
the Council shall be marked with an asterisk(*). Prior to voting upon
any item on the consent agenda, the chair will receive requests from
the public and the Council for removal from the consent agenda. There
will be no separate discussion of items on the consent agenda unless
a Council member or citizen so requests, in which event the item will
be removed from the consent agenda and considered in its normal sequence
on the agenda.
(c)
Items to be included in the consent agenda may include, but are not
limited to, the following:
[1]
Approval of minutes.
[2]
Leases and agreements previously approved in principle.
[3]
Routine reports of receipt and award of bids.
[4]
Bingo and raffle applications.
[5]
Refund of tax payments of less than $2,500 for the year in question.
[6]
Cancellation of tax sale certificates.
[7]
Honorary and memorial resolutions when the individual or members
of the family are not present at the Township Council meeting.
[8]
Resolutions for permits to hold parades, sidewalk sales, solicitations
and other similar matters.
[9]
Payment of outside attorney fees in accordance with N.J.S.A.
40A:14-155.
[10]
Placing of liens on property for demolition thereof or removal
of a health or safety hazard.
[11]
Developer's agreements, including extensions and addendums.
[12]
Other routine matters not requiring further discussion.
(d)
Those items which appear on the consent agenda are not required to
be read at the public meeting in their entirety, but may be read by
description only. Provided that no objection is received prior to
moving on the consent agenda, once a matter is placed on the consent
agenda there will be no separate discussion for that item. Those items
so approved under the consent agenda will appear in the Council minutes
in their complete and proper form.
(e)
All items on the consent agenda shall be listed separately on the
agenda, but shall be approved by one motion and one vote at the time
of consideration of the consent agenda as a whole by the Council.
G.
The
presiding officer; election and duties. The presiding officer of the
Council shall be the President who shall be elected by the Council
at the first regular meeting in January of each year, and when elected
(s)he shall take office immediately and shall hold the office for
one year from that date, or until his/her successor shall have been
duly elected. The President shall perform such other duties as the
Council may prescribe. In the absence of the President, the Council
shall elect a temporary President who shall then preside over the
Council. The President shall assume the chair of the presiding officer
immediately after his/her election. The presiding officer shall preserve
strict order and decorum at all meetings of the Council. A majority
vote of the Council shall govern and determine all questions of order
not otherwise herein covered. The President shall vote on all questions,
his/her name being called last. The President shall appoint, with
the consent of the Council, all special committees of the Council.
H.
Mayor's
attendance. The Mayor may attend 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 on the question of filling a vacancy in the Council,
in which case (s)he may cast the deciding vote.
I.
Reading
of minutes. Unless a reading of the minutes of a Council meeting is
requested by a member of the Council, such minutes, when approved
by the majority on roll call vote, will be considered approved without
reading, provided that the Clerk, at least two full working days preceding
the meeting, shall deliver a copy thereof to each member of the Council.
The minutes of each meeting shall be signed by the officer presiding
at such meeting and by the Municipal Clerk.
J.
Motions
and debates.
(1)
Participation by President. The President or such other member of
the Council as may be presiding may move, second and debate from 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 member of the Council by reason of his being the
presiding officer.
(2)
Debate. Every member desiring to speak shall address the presiding
officer and, upon recognition, shall confine himself to the question
under debate, avoiding all personal and indecorous language. A member,
once recognized, shall not be interrupted when speaking, unless it
is to call him to order 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 chair upon a question of order
when, without debate, the chair shall submit to the Council the question,
"shall the decision of the chair be sustained?" and the Council shall
decide by a majority vote.
(3)
Voting on 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." A member of the Council may abstain from voting on any matter.
(4)
Synopsis of debate; when entered in minutes. The Clerk may be directed
by the presiding officer to enter in the minutes a synopsis of the
discussion on any question coming regularly before the Council.
(5)
Adjourn and recess. A motion to adjourn or recess shall always be
in order and shall be decided without debate. A motion to adjourn
or recess shall take precedence over any other motion.
(6)
Table motion. A motion to table any action on a question before the
Council shall take precedence over all other motions, except the motion
to adjourn or recess.
(7)
Motion to reconsider. A motion to reconsider any action taken by
the Council may be made only at the meeting at which such action was
taken. It may be made either immediately during the same session,
or at a recessed or adjourned session of such meeting. Such motion
may be made only by one of the prevailing side, but may be seconded
by any member, and may be made at any time and have precedence over
all other motions and it shall be debatable. Nothing herein shall
be construed to prohibit any member of the Council from making or
remaking at a subsequent meeting of the Council any motion previously
made or considered.
K.
Silence
as vote. Silence or abstention from voting, except in the case of
disqualification for conflict, shall be construed as a vote added
to the majority decision of the votes cast. This rule shall not apply
where the general law makes provision for a specific number of affirmative
votes to pass or approve a measure, or when the member has made it
clear that his or her silence should not be construed as assent.
A.
Recognition
to speak. Any person desiring to address the Council shall first seek
to be recognized by the presiding officer, and such person, upon recognition,
shall confine his statement to the order of business.
B.
Public
portion. Under the heading of "public portion," any member of the
public may address the Council on any matter over which the Council
has jurisdiction; provided, however, that preference shall be given
to those persons who may have notified the Clerk in advance, within
the time limited for the preparation of the agenda, of their desire
to be heard.
C.
Adoption
of ordinances. When the presiding officer opens the hearing to the
public, any member of the public may address the Council in regard
to the ordinance then under consideration.
D.
Addressing
the Council after motion made. After a motion is made by a member
of the Council, no person shall address the Council except on request
of the Council.
E.
Manner
of addressing Council; time limit. Each person addressing the Council
shall, upon recognition by the presiding officer, rise and give his/her
name and address in an audible tone of voice for the record. The Council
President may limit the time for each person to speak. Statements
shall be addressed to the Council as a body and not to any member
thereof. A member of the Council shall not direct a question to any
speaker addressing the Council except through the presiding officer.
Appointments to any office or position by the Mayor requiring
the advice or consent of the Council shall be considered by the Council
during the Mayor's report section of the agenda.
The Chief of Police, or such member or members of the Police
Department as the Chief of Police may designate, shall be sergeant-at-arms
of the Council meetings and shall be in attendance at Council meetings
when requested by the presiding officer. The sergeant-at-arms shall
carry out all orders and instructions given by the presiding officer
for the purpose of maintaining order and decorum at the Council meeting.
Any person who shall engage in disruptive behavior, or who shall threaten
physical abuse or harm to a member of the public, a member of Council
or other representative of the Township, shall be immediately removed
by the sergeant-at-arms.
A.
The
Council may require any Township officer, in its discretion, to prepare
and submit sworn statements regarding his/her official duties and
his/her performance thereof, and may otherwise investigate the conduct
of any department officer or agency of the Township government. It
may remove any Township officer, other than the Mayor or member of
the Council, for cause, upon notice and opportunity to be heard. All
inquiries of the Council must serve a legitimate public purpose. All
inquiries must be conducted in full accordance with the Open Public
Meetings Act.[1]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
B.
The
Council will consider a motion to remove a municipal officer, other
than the Mayor or member of the Council, for cause only after removal
has been duly proposed and considered at an agenda conference.
C.
A
motion for removal shall set forth the alleged cause for removal,
making specific written charges, and provide for notice and an opportunity
to be heard to the affected officer. The written charges must be signed
by the person making the charges. The Clerk shall forthwith cause
a copy of the motion for removal, together with a statement of the
causes and charges involved and notice of the time and place fixed
for hearing, to be served personally or by certified mail upon the
officer affected.
D.
The
hearing shall be held not less than 10 days nor more than 30 days
after the date of such service. At such hearing, the officer charged
shall be entitled to be represented by his own counsel. Following
the conclusion of the hearing, the presiding officer shall call for
a vote on the motion, which shall be carried by at least a two-thirds
vote of a majority of the whole number of the Council.
A.
The
Municipal Council shall deal with employees of the Department of Administration
and other administrative departments solely through the Mayor or the
Business Administrator. All contact with the employees, and all actions
and communications concerning the administration of the government
and the provision of municipal services shall be through the Mayor
or the Business Administrator, except as otherwise provided by law.
B.
Any
Council member may, at any time, require a report on any aspect of
the government of the municipality by making a written request to
the Mayor. The Council may, by a majority vote of the whole number
of its members, require the Mayor or the Business Administrator to
appear before the Council sitting as a committee of the whole, and
to bring before the Council those records and reports, and officials
and employees of the municipality as the Council may determine necessary
to ensure clarification of the matter under study. The Council may
further, by a majority of the whole number of its members, designate
any number of its members as an ad hoc committee to consult with the
Mayor or the Business Administrator to study any matter and to report
to the Council thereon.
The compensation of each member of the Council shall be as provided
by ordinance, to be paid as all other salaries are paid.
The President of the Council, by reason of his/her additional
duties, shall receive an additional $750 annually, to be paid as all
other salaries are paid.
Vacancies in any elective office of the Township shall be filled
in accordance with the procedures set forth in N.J.S.A. 40A:16-1 et
seq.
