All the powers of the Township and the determination
of all matters of policy shall be vested in the Township Council,
except as otherwise provided by the Charter, general law and this
chapter.
[Amended 3-14-2000 by Ord. No. 3115; amended 11-12-2002 by Ord. No.
3333]
A.
Conduct of meetings.
[Amended 2-11-2003 by Ord. No. 3355; 2-8-2005 by Ord. No. 3525; 10-9-2007 by Ord. No. 3710; 9-8-2009 by Ord. No. 3839; 6-10-2010 by Ord. No.
3882]
(1)
All meetings shall be conducted by the Mayor when present.
(2)
The Deputy Mayor shall conduct the meeting when the Mayor is absent.
(3)
If the Mayor and Deputy Mayor are both absent, the Township Clerk
shall call the meeting to order and conduct the nomination and election
of a Temporary Chairperson. The Temporary Chairperson shall conduct
the meeting, but shall have no powers beyond those necessary to conduct
the meeting.
(4)
The Township Attorney shall be the Parliamentarian.
(5)
The meeting shall be conducted in accordance with these regulations
and Robert's Rules of Order for items not covered in these regulations.
B.
Agenda.
[Amended 11-12-2002 by Ord. No. 3333; 2-11-2003 by Ord. No. 3355; 2-8-2005 by Ord. No. 3525; 6-14-2005 by Ord. No. 3549; 10-9-2007 by Ord. No.
3710; 1-6-2009 by Ord. No. 3808; 9-8-2009 by Ord. No. 3839; 6-10-2010 by Ord. No. 3882]
(1)
The proposed agenda for each meeting shall be compiled by the Township
Clerk and the Township Manager, who shall consult with the Mayor and
the Deputy Mayor as the presiding officers of the Township Council.
The Township Clerk shall make the proposed agenda available to the
public and press upon request after same has been made available to
Council. All ordinances and resolutions shall be distributed to the
Council no later than the third business day preceding the meeting
of the Council.
(2)
The Council may amend the agenda at the meeting upon the determination
that a need to amend the agenda exists. A majority of Council members
present must agree that a need exists in order to add an item for
discussion.
(3)
A member of Council, the Manager, and the Attorney may cause matters
to be listed on the proposed agenda to be reviewed at the work session
meeting. If a majority of members of Council do not agree the items
should be included in the agenda for the regular meeting, the items
shall be deleted.
(6)
The agenda for combined work session/regular meetings of the Council
shall be as follows:
(a)
Call to order.
(b)
Pledge of allegiance.
(c)
Invocation.
(d)
Roll call.
(e)
Commendations and proclamations.
(h)
Council comments/reports.
(j)
Council discussion items.
(k)
Approval of minutes.
(l)
Approval of warrants.
(m)
Public hearing and adoption of ordinances on second reading.
(n)
Introduction of ordinances on first reading.
(o)
Adoption of consent agenda resolutions.
(p)
Resolutions, voted on separately.
[Amended 9-22-2020 by Ord. No. 4331-20]
(q)
Old business.
(r)
Executive session.
(s)
Adjournment.
(7)
All ordinances shall be read by the Mayor, Deputy Mayor or Township
Clerk, by title only, before introduction and adoption.
(8)
All consent agenda resolutions shown on the regular meeting agenda
shall be considered in the form of one motion by the Township Council.
If any member of the Township Council requests that a consent agenda
resolution be considered and voted upon independently of all other
consent agenda resolutions, then that item will be read by title by
the Mayor, Deputy Mayor or Township Clerk and a separate vote shall
be taken. All other consent agenda items not affected by the requests
shall be considered in the form of one motion by the Township Council.
All resolutions not on the consent agenda shall be voted on separately
and shall be read by title only by the Mayor, Deputy Mayor or Township
Clerk.
C.
Addressing the Council. Any person desiring to address
the Council shall first seek recognition by the Mayor or presiding
officer and, upon recognition shall confine his or her statement to
the order of business prescribed by this section:
(1)
Ordinances. Under the heading of "Public Hearing on
Ordinances" any person may address the Council during the public hearing
on the ordinance under consideration at that meeting.
(2)
Oral petitions and remarks. Under the heading of "Public
Discussion" any person may address the Council on any matter.
[Amended 2-8-2005 by Ord. No. 3525]
(3)
Upon recognition from the Mayor or the presiding officer,
a person shall proceed to the floor and give his or her name and address.
He or she shall limit his or her statement to five minutes or such
shorter time as may be determined by Council.
[Amended 2-8-2005 by Ord. No. 3525]
D.
Minutes.
[Amended 2-27-2007 by Ord. No. 3657]
(1)
All meetings other than closed session shall be recorded,
live streamed and linked on the Township's website.
[Amended 9-22-2020 by Ord. No. 4331-20]
(a)
Recordings shall be authenticated by the Township
Clerk and the person conducting the meeting.
(b)
Recordings shall be preserved in a manner prescribed
by the State Records Retention Law (N.J.S.A. 17:16W-1 et seq.).
(c)
(Reserved)
(d)
(Reserved)
(e)
(Reserved)
(f)
The Township Clerk or his/her designee shall post
on the Township’s website the recording of the meeting within
three days of the meeting.
(2)
In case of conflict between the written minutes and
the recording, the recording shall be authoritative. In case of a
defect in the recording, the written minutes shall be considered the
authoritative record of the meeting.
[Amended 9-22-2020 by Ord. No. 4331-20]
(3)
Closed session minutes shall be approved in open session;
provided, however, that any discussion concerning the contents of
the minutes, prior to approval, shall be conducted in closed session.
(4)
Approved minutes, other than minutes of closed sessions,
with all corrections and additions made, shall be made available to
the public within three working days of approval. Any person may
purchase a copy of the minutes at the rates fixed by law.
(5)
The Township Clerk shall make an index of open session
minutes and released closed session minutes showing ordinances, resolutions
and discussions by topic.
(6)
The Township Clerk shall preserve approved minutes
as a permanent record and the official authoritative record of the
Council proceedings.
E.
Closed session minutes.
(1)
The Municipal Clerk shall forward copies of all executive
session minutes still held in confidentiality to the Township Attorney
in January of each year. The Township Attorney shall review these
minutes, determine which, if any can be released to the public in
whole or in part without jeopardizing the need for confidentially,
and advise the Municipal Clerk. The Municipal Clerk shall present
a resolution to the Township Council for adoption releasing the executive
session minutes, in whole or in part, as approved for release by the
Township Attorney. Those executive session minutes to be released
shall be designated by subject matter. Upon adoption of the resolution,
those minutes or portions of minutes approved for release shall be
placed in the minute books of the Township Council and available for
public inspection.
[Amended 9-22-2020 by Ord. No. 4331-20]
(2)
If a member of the public requests from the Municipal
Clerk access to executive session minutes not yet released to the
public as set forth above, the Municipal Clerk shall submit a request
to the Township Attorney within three business days to review the
specific minutes or subject matter as requested. The Township Attorney
shall advise the Municipal Clerk within three business days if the
minutes can be released. If approved for release by the Township Attorney,
a resolution releasing said minutes shall be presented to the Township
Council for adoption at its next regularly scheduled meeting. Upon
adoption of the resolution by the Township Council, the minutes shall
be released to the public.
F.
G.
Meeting dates and times. Boards and Commissions that
are appointed by the Township Council shall not schedule their regularly
scheduled meetings on the same date and time of regularly scheduled
meetings of the Township Council.
[Added 3-11-2008 by Ord. No. 3747]
An independent auditor shall be appointed by
the Council pursuant to the general law. He/she shall receive such
compensation as may be agreed upon and determined by the Council.
The auditor shall be a registered municipal accountant of the state
but need not be a resident of the Township. In lieu of appointing
an individual auditor, the Council may appoint a firm of auditors,
one or more members of which shall be registered municipal accountants
of the state. The auditor shall make the annual audit.
[Amended 8-12-1997 by Ord. No. 2025; 6-10-2010 by Ord. No. 3882]
A.
Appointment;
term of office; qualifications; compensation. The Township Attorney
shall be appointed by the Council by a majority vote of its members
for a term of one year from the first day of January of the year of
the appointment and until his/her successor has been appointed and
qualified. The Township Attorney shall be an attorney at law of the
state but need not be a resident of the Township. The Attorney shall
be paid such retainer as may be agreed upon and authorized by the
Council plus such fees and charges as shall be deemed reasonable.
B.
Powers
and duties. The Township Attorney shall:
(1)
Serve as legal advisor to the Council and Manager on all legal matters
of Township business.
(2)
Represent the Township in all judicial and administrative proceedings,
except as otherwise directed by Council, in which the municipality
or any of its officers or agencies may be a party or have an interest.
(3)
Draft or approve as to form and sufficiency all legal documents,
contracts, deeds, ordinances and resolutions made, executed or adopted
by or on behalf of the municipality.
(4)
Supervise and direct the work of such additional attorneys and technical
and professional assistants as the Council may authorize for special
or regular employment in or for the municipality.
(5)
Perform such duties as may be deemed necessary to provide legal counsel
to the Council and the Manager in the administration of municipal
affairs.
[Added 6-10-2010 by Ord. No. 3882[1]]
Appointment; term of office; qualifications; scope of work;
compensation. The Council may appoint, by a majority vote of its members,
for a term of one year from the first day of January of the year of
the appointment and until his/her successor has been appointed and
qualified, such additional attorneys as may be deemed necessary and
appropriate. The additional attorneys shall be attorneys at law of
the State but need not be residents of the Township. The additional
attorneys shall provide such legal work as directed by Council and
shall be paid as authorized by Council.
[Amended 10-10-2000 by Ord. No. 3162]
Township Clerk shall be appointed by the Township
Council by a majority vote of its membership to hold office and perform
the duties of a Municipal Clerk as set forth in N.J.S.A. 40A:9-133.
[Amended 6-10-2010 by Ord. No. 3882; 9-22-2020 by Ord. No. 4331-20]
There shall be a Deputy Township Clerk who shall
be appointed by the Manager. The Deputy Township Clerk shall generally
assist the Township Clerk in the proper performance of all his/her
duties. The Deputy Township Clerk shall also have all the powers and
perform all duties vested in the Township Clerk at such times as the
Township Clerk shall be absent from the Township or unable to serve
by reason of disability or otherwise. The Deputy Clerk shall attain
the Registered Municipal Clerk certification from the State of New
Jersey.
[Amended 10-10-2000 by Ord. No. 3162]
Within the Department of the Township Clerk,
there shall be a Division of Election Administration under the jurisdiction
of the Township Clerk. This Division shall be responsible for performing
election duties in accordance with N.J.S.A. 40A:9-133 for all elections
set forth in Titles 19, Chapters 40 and 40A of the New Jersey statutes.
[Added 6-10-2010 by Ord. No. 3882]
A.
Within the Department of the Township Clerk, there shall be a Division
of Vital Statistics under the jurisdiction of the Township Clerk.
He/she shall be responsible for the maintenance of vital statistics
in accordance with mandated standards.
B.
Within the Division of Vital Statistics, there shall be a Registrar
of Vital Statistics, a Deputy Registrar, two Alternate Deputy Registrars,
and a Subregistrar, all of whom shall be appointed by the Manager
for terms of service in accordance with state guidelines.
[Amended 9-22-2020 by Ord. No. 4331-20]
A.
Appointment, compensation; assistant. The Township
Manager shall be appointed and may be removed in accordance with the
Charter. He/she shall receive such compensation as shall be provided
by ordinance, payable as other municipal salaries are paid, unless
and until otherwise provided by ordinance. The Manager may designate
that the Assistant Township Manager or a qualified administrative
officer of the municipality perform his/her duties during his/her
temporary absence or disability. In the event of his/her failure to
make such designation, the Council may, by resolution, appoint an
administrative officer of the municipality to perform the duties of
the Manager during such absence or disability until he/she shall return
or his/her disability shall cease.
B.
Powers and duties.
(1)
Generally. The Manager shall be the chief executive
and administrative officer of the municipality. He/she shall see that
all ordinances, resolutions and policies of the Council and all the
state laws subject to enforcement by municipal action are faithfully
enforced and executed. He/she shall:
(a)
Represent the municipality and assert its proper interest
in relation to the state and other political subdivisions and with
respect to municipal contracts and franchises.
(b)
Attend all meetings of the Township Council with the
right to take part in discussions but without the right to vote.
(c)
Keep the Council advised of the financial condition
of the municipality, make reports to the Council as requested by it
and, at least once a year, make an annual report on the government
for the benefit of the Council and the public.
(d)
Study the governmental and administrative operations
and needs of the municipal government and prepare and recommend to
the Council necessary and desirable plans and programs to meet present
and foreseeable needs.
(e)
Investigate at any time the affairs of any officer
or department of the municipality.
(f)
Receive inquiries and complaints concerning Township
business, provide information and assistance and remedy or cause to
be remedied the source of any just complaint.
(g)
Perform such other duties as may be required of him/her
by ordinance or resolution of the Council.
(h)
Enter, with the Township Council, into employment
agreements.
(2)
Administrative supervision and direction. The Township
Manager shall:
(a)
Direct and supervise the administration of all departments
of the municipal government and be responsible for the maintenance
of sound personnel policies and administrative practices.
(b)
Approve all bills and vouchers for payment, subject
to preaudit control as may be provided herein.
(c)
Establish working, personnel, vacation and sick leave
schedules and appropriate records and reports.
(d)
Maintain a continuing review and analysis of budget
operations, work programs and costs of municipal services.
(e)
Approve or prescribe the internal organization of
each department.
(f)
Assign and transfer administrative functions, powers
and duties among and within departments, subject to the Charter and
organization code.
(g)
Delegate to department heads and officers such of
his/her duties and powers as he/she may deem necessary for efficient
administration.
(h)
Assign, as necessary, any department head, division
head or other employee to any administrative, special staff or task
force.
(i)
Operate a reproduction center for internal forms and
other documents.
[Amended 4-27-1999 by Ord. No. 3038; 9-22-2020 by Ord. No. 4331-20]
There may be an Assistant Township Manager who
shall be appointed by the Manager. The Assistant Township Manager
shall generally assist the Township Manager in the proper performance
of all his/her duties. The Assistant Township Manager shall also have
all the powers and perform all the duties vested in the Township Manager
at such times as the Township Manager shall be absent from the Township
or unable to serve by reason or disability or otherwise.
[Added 3-13-2012 by Ord. No. 3966; 9-22-2020 by Ord. No. 4331-20]
There may be a Special Projects Manager who shall be appointed
by the Manager. The Special Projects Manager shall generally assist
the Township Manager in the proper performance of all his/her duties,
more particularly, special projects as directed by the Manager.
[Amended 3-27-2013 by Ord. No. 4013-13]
The Township Manager shall perform the duties
of Director of Personnel and shall designate a Human Resources Officer,
whose duties shall include the following: recruiting, examination,
classification, assignment and coordination of performance evaluation
functions; implementation of Township personnel ordinances, rules
and regulations; maintenance of an official personnel records repository;
conducting and coordination of personnel investigations and hearings;
preparation and implementation of a pay plan and Salary Ordinance
approved by Council; implementation and review of contracts with municipal
employee organizations; implementation of the separation process;
municipal employee training; benefits administration; and performance
of such other personnel functions as the Manager may assign.[1]
[Added 3-13-2012 by Ord. No. 3966[1]]
There shall be a Human Resources Officer who shall be appointed by the Township Manager. The Human Resources Officer shall be responsible for all of the duties set forth in § 5-15, Personnel administration, and shall assist the Township Manager in his/her duties as the Director of Personnel.
[Added 9-22-2020 by Ord.
No. 4331-20[1]]
A.
There shall be a Revenue Collection Administration and the head of
the department shall be the Municipal Collector of Revenue. The Collector
of Revenue shall have, perform and exercise all the functions, powers
and duties as are provided by general law and municipal ordinances.
He/she shall receive and collect all moneys assessed or raised by
taxation or assessment for any purpose. He/she shall keep proper records
and shall report to the Finance Department, at least once a month,
all receipts and deposits made by him/her and shall report and account
for all moneys for which he/she is responsible. He/she shall keep
a current record of all tax title liens, advising the Director promptly
as such liens become subject to foreclosure under law. He/she shall
also bill, receive and collect water charges and other revenues.
B.
Within the Office of the Tax Collector of Revenue, there shall be
a Division of Tax Title Lien Administration. This Division shall be
under the jurisdiction of the Collector of Revenue and shall be responsible
for the administration of tax title liens.
[Added 9-22-2020 by Ord.
No. 4331-20]
There shall be a Tax Assessment Administration. The head of
the department shall be the Municipal Tax Assessor, who shall be appointed
by the Township Council for a term as prescribed by law. The Tax Assessor,
shall have, perform and discharge all the function, powers and duties
prescribed for assessors by state statute and municipal ordinance.
[Added 9-22-2020 by Ord.
No. 4331-20]
A.
The Township Manager shall perform the duties as Director of Purchasing
and designate a Purchasing Agent, whose duties shall include the planning,
organizing and implementing of all Township procurement and properly
disposal. He/she shall coordinate the writing of specifications but
shall not write technical specifications in detail unless the material
or services involved are directly related to his/her department. Technical
specification for the particular commodity or services concerned shall
be written by individual department heads.
B.
The Director of Purchasing and/or the designated Purchasing Agent
shall coordinate, organize and plan all activities related to procurement.
C.
Procedure.
(1)
General. All purchases shall be made in accordance with the Local
Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and all regulations
promulgated pursuant thereto as amended from time to time.
(2)
Contracting agent. Pursuant to N.J.S.A. 40A:11-2(3), the Township
Manager is hereby designated as contracting agent for the Township.
The Manager may name a designee who would act as Purchasing Agent
or Qualified Purchasing Agent as defined in the rules and regulations
of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq. As contracting
agent for the Township, the Township Manager or his/her designee shall:
(a)
Pursuant to N.J.S.A. 40A:11-3, enter into contracts on behalf
of the Township for performance of any work, or the furnishing of
any materials or supplies, the total cost of which is less than $17,500
and does not exceed the bid threshold as established by statute. The
Township Manager or his/her designee shall prepare requests for resolution
for purchases or commodities or services over the bid threshold following
the procurement guidelines established by statute.
(b)
Prepare bid specifications for and advertise for receipt of
bids, and receive and review bids for items or services as are authorized
for purchase in the annual budget as approved pursuant to N.J.S.A.
40A:11-4. The Purchasing Agent shall coordinate purchases made from
state or other cooperative purchasing contracts and assist the departments
in the preparation of requests for proposals, requests for competitive
contracts, and requests for quotations.
(3)
Bid advertisement.
(a)
All legal advertisements for any item to be bid will be prepared
by the Purchasing Agent.
(b)
The bids shall be received at such place and time as may be
provided for in the legal notice of bid proposals. Upon receipt of
sealed bids by the Purchasing Agent, the bids shall be opened by the
Purchasing Agent in the presence of the Township Clerk or the Clerk's
designee, and the department head involved in said bid.
(c)
A record of the proceedings shall be submitted to the Township
Council, including a summary of all bids received. The award of bid
shall be accomplished by resolution of the Township Council. Items
purchased through a:
(4)
Contracts. Contract documents, other than professional service agreements,
will be prepared or obtained by the Purchasing Agent. Purchase orders
for purchases from all departments will be issued and signed by the
Purchasing Agent after the guidelines for procurement above have been
fulfilled.
D.
Emergency purchases can only be made following the rules and procedures
outlined in Local Public Contract Law, N.J.S.A. 40A:11-6.
[Added 9-22-2020 by Ord.
No. 4331-20]
There shall be a Department of Economic Development and the
head of the department shall be the Economic Development Director.
The Economic Development Director shall be appointed by the Township
Manager. The Department shall be responsible for the development and
implementation of programs which promote, attract and maintain businesses
in Franklin Township and facilitate interaction between the business
community and the various government agencies.
