[HISTORY: Adopted by the Mayor and Council of the Borough
of Oradell 2-26-2013 by Ord. No.
13-4; amended in its entirety 4-23-2019 by Ord. No. 19-09.
Subsequent amendments noted where applicable.]
A. There
shall be two meetings of the Mayor and Council per month as follows:
(1) Second Tuesday of the month: work session.
(2) Fourth Tuesday of the month: public meeting.
B. All
work sessions and public meetings shall be called to order at 7:30
p.m. All meetings of the Mayor and Council shall be adjourned no later
than 10:00 p.m. Meetings can be extended by vote after 10:00 p.m.
The Mayor or a vote by a majority of the governing body can extend
the meeting. All work sessions, special meetings, and public meetings
shall be recorded by video recording in order to preserve a record
of the proceeding. Special meetings shall be called by the Mayor or
at the request of four Councilpersons pursuant to N.J.S.A. § 40:69A-120
and N.J.S.A. § 40:69A-149.5. Notice shall be given for all
special, work session, regular or rescheduled meetings pursuant to
law. All notices shall comply with the Open Public Meetings Act. The Clerk shall notify the Mayor and all Councilpersons
of every meeting. Holidays and religious observances shall be taken
into consideration in the scheduling of meetings. Closed session meetings
shall be scheduled prior to work session/public meetings or as needed,
and pertinent information germane to the closed session matter(s)
shall be distributed to the governing body at least 24 hours prior
to the start of the closed session meeting, except where emergency
circumstances do not permit.
At the hour appointed for the meeting, the members present shall
be called to order by the Mayor or the President of the Council or,
in their absence, by the most senior member of the Borough Council.
He/she shall announce publicly and have entered in the minutes a statement
that proper notice of the meeting was provided and the time, place
and manner in which the notice was provided. The Borough Clerk shall
immediately proceed to call the roll and note the absences.
The Mayor or the President of the Council shall preside at all
meetings or, in their absence, the Senior Councilperson present shall
preside. Seniority shall be determined by length of service on the
Council. If two or more members have equal seniority, the determination
shall be alphabetical.
A. If
the Mayor is absent from the Borough or, for any reason, is unable
to act, the President of the Council shall perform all the duties
of the Mayor during such absence or inability. The Mayor, in case
of her/his intended absence from the Borough, shall notify the President
of such intended absence whereupon the President shall be and become
Acting Mayor from the beginning of such absence and continue to act
until the Mayor's return. The Council President as Acting Mayor
retains the right to vote on all matters brought before the governing
body.
B. If
the Mayor or a Councilperson resigns or leaves office for any reason,
the Borough will follow the procedure outlined by N.J.S.A. 40A:16
which deals with vacancies in certain elected municipal offices.
A. The
order of business for work sessions shall be as follows:
(8) New business; old and new business has always been on both agendas.
(9) Public comment (each speaker shall have five minutes and one turn).
B. The
order of business for public meetings shall be as follows:
(6) Public comments (limited to agenda items only).
(10) Reports of the Mayor and Council.
(11) Introduction/adoption of ordinances.
(14) New business; old and new business has always been listed on both
agendas.
(15) Public comment. (Each speaker shall have five minutes and one turn.
There shall be no debate during this portion of the meeting.)
The Mayor or, in his/her absence, the presiding officer, shall
preserve order and decorum and shall decide all questions of order,
subject to appeal to the Council, which shall be aided by the Borough
Attorney who shall act as Parliamentarian. The Mayor shall be the
nonvoting ex-officio member of all committees established hereunder,
both standing and special. The Mayor shall vote on any and all committees
to which he/she is a regular member.
During any time the public is allowed to speak, the Mayor, as
presiding officer, shall have discretion to cut off any repetitive,
irrelevant or excessive public comment in the interest of allowing
members of the public time to speak and completing the public business
within a reasonable period of time.
A. Each
member of the Council, while speaking, must address the Chair.
B. Each
Council member shall be recognized by the Chair before speaking. When
two or more members shall address the Chair at the same time, the
Mayor, or in his/her absence, the presiding officer, shall name the
member who is to speak first, recognizing them in order of their request
to speak.
C. Members
of the Council shall not communicate with each other or any third
party via electronic devices during a public meeting.
No member shall retire from the Council Chamber while the Council
is in session without permission of the Mayor or presiding officer.
A member called to order shall cease speaking immediately unless
permitted to explain. He/she may, if he/she wishes, appeal to the
Council for permission to continue his/her remarks. If there is no
appeal, the decision of the Chair shall stand and be final.
A motion to lay on the table shall be decided without amendment
or debate; and such motion, until it is decided, shall preclude all
amendments or debate of the main question.
A motion to adjourn shall be decided without debate and shall
always be in order, except when the Council is voting or when a member
is addressing the Council, or immediately after the question of adjournment
has been decided in the negative.
Any member who has voted with the majority on any question may
move for reconsideration thereof at the same or the next meeting;
but the consent of the majority of the Council must be obtained before
the same question can be reconsidered.
The yeas and nays may be called for by any member, in which
case the names of the members voting shall be recorded on the minutes,
and also the name of the Council member calling for yeas and nays.
The Mayor and Council may hold a closed session meeting as set
forth on the annual notice or as may otherwise be determined in accordance
with NJSA 10:4-12 et seq. (Open Public Meetings Act) at any meeting
following a resolution authorizing to do so. No member of the Mayor
and Council shall breach the confidentiality of a meeting in which
the public has been excluded pursuant to the OPMA until such time
when the minutes of these discussions have been released.
The Borough Clerk shall be responsible for drafting and maintaining
minutes of Mayor and Council work sessions and public meetings. Minutes
must be prepared for draft distribution no later than 30 days after
the meeting. Minutes are to be distributed for Council review and
approval at a minimum of two weeks prior to the public meeting in
which they are to be approved. If the Mayor or a member of the Council
objects to any of the verbiage or content of the minutes (notwithstanding
basic proofreading), a majority of the Council is required to approve
a rewrite to reflect the changes.
The Mayor and Council shall decide if a proposed ordinance shall
be sent to any committee for discussion and recommendation. The Ordinance
Committee shall submit a proposed ordinance for first reading (introduction).
After the prescribed waiting period, the ordinance will then be listed
for second reading (adoption). The effective date for a general ordinance
is 20 days after adoption. The effective date for a bond ordinance
is 20 days after the publication of the adoption notice.
The procedures for introducing and adopting Borough ordinances
shall be:
A. Upon the passage of an ordinance, it shall be properly numbered and
recorded in its entirety by the Borough Clerk in the Ordinance Book.
The ordinance so recorded shall then be compared with the original
as passed at a regular meeting of the Council, whereupon the Mayor
shall subscribe, and the Clerk shall attest and affix the corporate
seal.
B. The original ordinance shall be filed and preserved by the Clerk.
C. The titles of ordinances and references to amendments and parts amended
only shall be entered into the minutes.
D. An original ordinance shall be entitled as follows: an ordinance
to supplement (or amend) an ordinance (then add the title of the original
to which it is a supplement or amendment).
E. The enacting clause of every ordinance shall be as follows: "Be It
Ordained by the Mayor and Council of the Borough of Oradell."
Any member of the Council may submit items for discussion on
the agenda pending approval by the Mayor. The Mayor will approve the
final agenda for posting and distribution. Requests shall be made
by noon the Thursday prior to each meeting. Once a matter has been
submitted to the Clerk to be placed on the agenda in accordance with
this subsection, it shall appear on the agenda and shall not be removed
without consulting the person who originally submitted it. Notwithstanding,
any member of the Council may identify a matter during new business.
Requests and discussion items from the public shall be presented or
delivered to the Borough Clerk no later than noon the Thursday prior
to each Council meeting except for important or timely matters which
may be added to the agenda at any time with the approval by the Mayor
or a majority of the governing body.
No departure from the regular order of business or suspension
of any rules shall be allowed except by vote of 2/3 of the members
present. Any amendments to the Rules of Order must be discussed at
a meeting prior to the implementation of same.
A. The Mayor shall nominate and, with the advice and consent of Council,
appoint all subordinate officers of the Borough, unless the specific
terms of the general law clearly require a different appointment procedure.
He/she shall make the nomination to any such office within 30 days
of that office becoming vacant. [N.J.S.A. 40A:60-5(g)]
B. The Council, whenever it fails to confirm the nomination by the Mayor
of any official to a subordinate office of the Borough within 30 days
of being presented such nomination, shall make the appointment to
that office, provided that at least three affirmative votes shall
be required for such purpose, the Mayor to have no vote thereon except
in the case of a tie. [N.J.S.A. 40A:60-6(d)]
C. No appointment shall be made except by the vote of a majority of
the members of the Council present at such meeting, provided that
at least three affirmative votes shall be required for such purpose,
the Mayor to have no vote thereon except in case of a tie.
D. The tenure of such committee member shall be for a term ending on
December 31 of the calendar year in which appointment was made or
until a successor is appointed.
A. The standing committees shall consist of three members each and shall
be defined as follows:
(1) Administration: The committee shall work directly with the Borough
Administrator regarding day-to-day operations of Borough Hall, Mayor
and Council and employee process and procedures and department head
evaluation. The committee is also involved in the hiring of Borough
employees.
(2) Communications and technology: The committee shall be responsible
for all communications or means of communication by the Borough. This
includes but is not limited to yearly calendar, message boards, Borough
website, Borough press releases to the public and as well work with
OPTV as it pertains to such areas as programming and Borough communications
The committee shall be responsible for all Borough technology equipment
and updates, including telephones, computer servers and software.
The committee shall work with the Borough's appointed information/technology
expert for day-to-day maintenance and updates.
(3) Department of Public Works: The committee shall oversee special and
long-range projects to be conducted by the department. The committee
shall be responsible for reporting back to the Mayor and Council regarding
large equipment and tool malfunctions and purchases, seasonal work
progress and employee matters. The committee chair will be a member
of the Public Safety Committee.
(4) Emergency management: The committee shall work with the appointed
Office of Emergency Management Coordinator on Borough plans and activities.
During emergencies within the Borough, the committee chair shall assist
the Coordinator with communication and updates on progress to the
residents of the Borough.
(5) Finance: The committee shall be responsible for working with the
Borough's Administrator, Chief Financial Officer, and department
heads to create and introduce an annual budget. The committee shall
work with the CFO to maintain accurate recordkeeping processes and
provide quarterly updates of Borough and department finances.
(6) Negotiations: The composition of this committee shall be dependent
on the collective negotiations agreement that is being negotiated.
When the PBA collective negotiations agreement is being negotiated,
the committee shall be comprised of the members of the Public Safety
Committee. When the UPSEU collective negotiations agreement is being
negotiated, the committee shall be comprised of the chairperson of
the DPW Committee, the chairperson of the Administrative Committee,
and Finance Chair. The negotiations committee shall report back to
the Mayor and Council after each negotiations session with an update
as to the status of the negotiations.
(7) Ordinance: The committee shall be responsible for considering, drafting
or reviewing all Borough ordinances. The committee chair shall introduce
any new or amended ordinances at Borough public meetings.
(8) Public safety: This committee will consist of three members, the
Fire Commissioner, the Police Commissioner and the Department of Public
Works committee chair. This committee shall function in accordance
with the Borough Code specifically in managing the resources of the
Borough in time of emergency. The committee will also be responsible
for participating in the hiring of patrol officers, officer promotions
and discipline of officers as required.
B. The chair of each committee has the responsibility to call meetings
in order to move forward agendas and goals set forth by the Mayor
and Council. A committee meeting shall be held at least once a month
or as deemed to be necessary by the chair.
C. Committee meetings can only be held with a majority of committee
members present.
D. The purpose, authority, and duties of the standing committees are
as follows:
(1) Standing committees are appointed to expedite and facilitate the
work of the Council by supervising and overseeing the area of their
purview; however, standing are not intended to supplant the authority
of the full Council which is responsible for all operations of the
Borough government.
(2) A standing committee shall:
(a)
Plan, study, direct and make recommendations for areas for which
it has responsibilities.
(b)
Perform such acts as may be assigned to it by the Council.
(c)
Review budgetary expenditures for the committee for which it
has responsibility.
(3) All standing committees shall only report to the Mayor and Council
on the principal activities and achievements of the committee at the
public meeting. Reports shall be concise and include the progress
of the committee since the previous progress.
A. Members of the Council will be appointed liaisons at the start of
each year to the following Borough boards and committees:
(2) Beautification and Environmental.
(3) Boards of Education (Oradell and River Dell St. Joseph and Bergen
Catholic).
(11) Library (Mayor's designee).
(14) Planning Board (Mayor's designee).
(17) Senior Citizens Advisory Committee.
(20) Zoning Board of Adjustment.
B. The liaison designated to each committee shall serve solely as a
liaison to each of the committees, boards and departments included
therein and may attend any meetings thereof, but shall not vote unless
otherwise provided by ordinance.
C. The liaison shall report and advise to the Mayor and Council on such
matters as the liaison shall deem appropriate and advise the Council
on any matters requiring governing body action.
The Mayor can create ad hoc committees as needed to address
specific needs of the community.
In the event the Borough Administrator calls a meeting with
a department head or employee for the purpose of discussing personnel
matters, the committee chair/liaison shall be notified to attend the
meeting. In the case of any meeting that requires discussions of termination
of employment, the Borough Attorney shall also be notified to be in
attendance.
A. Notwithstanding any committee or liaison assignments, the Borough
Council as a whole and together with the Mayor operates as a collective
entity.
B. Giving specific direction or the specific tasking to the Borough
Administrator or paid professional is the prerogative of the governing
body as a whole. The Borough Administrator reports directly to the
Mayor and Council. The governing body shall set yearly goals and objectives
for the Administrator to be measured by an annual performance evaluation.
C. It is also recognized that the notion of a chain of command is important
for the effective and harmonious undertaking of all operations and
activity. The Mayor and Council shall therefore convey direction or
specific tasks that are to be undertaken by a department or a single
employee, through the Borough Administrator or, in her/his absence,
through those duly selected by the Mayor and Council and the Borough
Administrator to act in such capacity on such occasion except as otherwise
provided by state statute or municipal ordinance.
D. If the Mayor or any member of the Council wishes to meet with any
Borough employee regarding official Borough business, they must do
so within normal business hours unless otherwise mutually agreed upon
prior to said planned meeting.
Except as otherwise provided in these rules, Roberts Rules of
Order shall govern the deliberation of the Council.
All members of the governing body are responsible to attend
yearly Ethics and Employment Liability Practice training. Dates for
training shall be provided to the governing body by the Borough Administrator
in a timely manner.
The Borough Administrator and/or Borough Clerk shall transmit
all materials needed for the work sessions/public meetings to the
governing body by the Friday prior to the meeting. In the event materials
cannot be transmitted, notification and approval must be received
by the Mayor or Council President. Upon approval, notice shall be
sent to the governing body with the date the materials will be received.
All members of the Mayor and Council shall be responsible for
all Borough materials assigned to them. This will include electronic
equipment, keys, codebooks, etc. Upon the expiration of the term of
office all materials must be returned to the Borough Administrator
and/or Clerk prior to the Borough's annually scheduled reorganization
meeting. Any items lost or stolen must be reported to the Borough
Administrator as soon as possible.
All official Borough communications shall be conducted using
the provided Borough email. Only the Borough Administrator, Clerk
or Attorney may send or reply to all sitting Council members or Council
elect.
The use of text messaging for official Borough business is prohibited
and will not qualify as official business. Any technology issued by
the Borough will be used for the sole purpose of conducting official
Borough business.
A. Use and proper keeping of the Borough Seal.
(1) The Seal of the Borough shall be the seal adopted at the time of
incorporation of the Borough, and shall be circular in form and shall
contain beside a special device the following: "The Borough of Oradell"
1894.
(2) The Seal shall be in the custody of the Borough Clerk, and shall
be affixed upon instruments by her/him only, when ordered by resolution,
ordinance, legal document or as required by law.
(3) Usage of the Borough Seal logo shall only be permitted through authorization
by the Mayor and Council. This includes letterhead, printed materials,
business cards and all correspondence produced by Borough departments,
boards and committees.