A.
The Council shall organize annually on the first business day of
January, or such other date as the Council may determine by resolution,
at 7:00 p.m. by the election of a presiding officer from its members,
who shall be known as the President of the Council. He or she shall
hold office for one year and until the election of his or her successors.
B.
The President of the Council shall preside over all regular and special
meetings of the Council. The President shall conduct the meetings
of the Council in accordance with the provisions of this article and
shall maintain order and decorum at all such meetings. The President
shall appoint all committees of the Council. The President shall be
entitled to vote on all questions, his or her name being called last
in any roll call. The President shall sign all ordinances and resolutions
adopted by the Council during his or her presence.
C.
The Council shall also select a Vice President, who shall hold the
office until the next ensuing business day after January 1 following
his or her election as Council Vice President. The Vice President
shall preside at meetings of the Council in the absence of the President.
The compensation of each Councilperson shall be established
by the Salary Ordinance[1] annually, payable in equal semimonthly installments, except
that the President of the Council shall receive an additional amount
as established by the Salary Ordinance annually.
A.
Regular meetings of the Council for any calendar year shall be held
in accordance with the meeting schedule adopted by the Council prior
to its reorganization meeting each January. Such meeting schedule
shall be published annually each January in the official newspaper(s)
of the City and posted on the bulletin board in the Municipal Building
in accordance with the Open Public Meetings Act.
A.
A special meeting of the Council shall be called by the Mayor upon
request, in writing, signed by a majority of the members of Council
specifying the purpose for which such meeting is to be called.
B.
Either the presiding officer of the Council or the Mayor may, on
his or her own initiative, orally (by telephone or otherwise) or by
a written notice call a special meeting of the Council if, in his
or her opinion, same is necessary or expedient, specifying the purpose
for which such meeting is to be called.
C.
The call for a special meeting shall be directed to the City Clerk,
who shall forthwith serve or cause to be served a written notice upon
each member of the Council, the Mayor, the Business Administrator
and the Director of Law at their places of residence or at their regular
places of business or occupation if situated within the limits of
the City by leaving a copy thereof with each one of them personally
or with a responsible adult, if present, and if not present, by leaving
same at a conspicuous or suitable place thereat. When, in the opinion
of the presiding officer or the Mayor, the safety or protection of
public property or the interests of the public require emergent action,
said notice may be given orally by telephone or otherwise. Such notice
shall state the date and hour of the meeting and the purpose for which
the meeting is called. No other business shall be transacted at such
meeting unless all of the members present shall consent thereto.
D.
Insofar as reasonably possible and the circumstances permit, a special
meeting shall be called upon at least 24 hours' prior notice to the
members of the Council, the Mayor, the Business Administrator and
to the Director of Law.
E.
Immediately following the call to order and preceding the introduction
of any items on the special meeting agenda, except ordinances on second
reading, all citizens present shall be given an opportunity to comment
and ask questions on items on the special meeting agenda, and each
citizen shall be entitled to speak up to a total of five minutes at
any such meeting.
A.
All meetings of the Council, regular and special, shall be held in
the Council Chamber of the City Hall in the City of Rahway, except
in the case of the destruction thereof or other emergency proclaimed
by the Mayor.
B.
Regular and special meetings shall be open to the public, except
that the Council, upon the consideration of any nominations made by
the Mayor, shall, and upon the motion of any member with respect to
a question of privilege may, go into executive session from which
all persons other than members of the Council may be excluded.
C.
The municipality shall be responsible for the recording of all publicly
advertised meetings of the City Council.
A.
A majority of the whole number of members of the Council shall constitute
a quorum, but no ordinance shall be adopted by the Council without
the affirmative vote of a 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 or her absence the City Clerk or his or her 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 City Clerk.
Standing and special committees of the Council and the Chairpeople
thereof (if the committee shall consist of more than one Councilperson)
may be appointed by the presiding officer at any meeting of the Council.
A quorum shall consist of a majority of the members thereof, but a
committee may consist of only one member. Meetings of committees shall
be held at such times as do not conflict with any meeting of the Council.
Each committee shall make its report in writing and file the same
with the City Clerk and, when directed to do so by said presiding
officer, shall also file with the City Clerk all papers of whatever
nature submitted to the committee for consideration.
A.
Promptly at the hour set for each meeting, the members of the Council
and the City Clerk shall take their regular places in the Council
chamber, and, except as may be otherwise provided by resolution of
the Council, the business of the Council shall be taken up for consideration
and disposition in the following order:
(1)
Roll call.
(2)
Pledge of Allegiance to the flag.
(3)
Approval of minutes.
(4)
Presentation.
(5)
Communications from Mayor and reports of City officers.
(6)
Reports of Council committees.
(7)
Hearings of citizens on items on agenda, except ordinances on second
readings (five minutes per speaker).
(8)
Consent agenda. ("Consent agenda" defined: All items listed with
an asterisk (*) are considered to be routine by the City Council and
will be enacted by one motion. There will be no separate discussion
on these items unless a Councilmember or citizen so requests, in which
event the item will be removed from the general order of business
and considered in its normal sequence on the agenda.)
(9)
Ordinances, appropriations and claims.
(10)
Resolutions.
(11)
Ordinances on second reading, public hearings.
(12)
Miscellaneous.
(13)
Communications, petitions and hearings of citizens on any item (five
minutes per member).
(14)
Council comment (three minutes per member).
(15)
Adjournment.
B.
Unless a reading of the minutes of the previous meeting is requested
by three Council people immediately following the roll call, such
minutes when signed by the President of the Council and the City Clerk
shall be considered approved without reading, provided that any Councilperson
may move to correct an error in the minutes of the previous meeting.
C.
The City Clerk shall, at least two full working days preceding each
meeting, transmit a copy of the minutes of the previous meeting to
each member of the Council.
Except as may be otherwise provided in the Charter or by ordinance,
all questions of order, methods of organization and the conduct of
business of the Council shall be governed by Robert's Rules of Order
Revised, with particular reference to the following rules:
A.
Rule 1. 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 Councilperson by reason of his or her
being the presiding Chairperson.
B.
Rule 2. The vote upon every motion, resolution or ordinance shall
be taken by roll call in alphabetical order, except that the President
shall be called last, and the vote of each member shall be entered
upon the minutes. Upon any roll call, there shall be no discussion
or explanation given by any member voting, and the vote shall be taken
as "aye" or "nay." A member of the Council may abstain from voting
on any matter. Except as otherwise required by the Charter or by other
provisions of this Code or other ordinances, the determination of
any question shall be by vote of a majority of those voting on the
question.
C.
Rule 3. In proper order of business, any person, other than a Councilperson,
desiring to address the Council shall first secure the permission
of the presiding officer at the meeting, but preference shall be given
to those persons who shall have notified the City Clerk of their desire
to speak in advance of the meeting in time for their names to be included
on the calendar of the Council. No such person shall be permitted
under any circumstances to address the Council while a motion is pending
nor to direct any remarks to an individual member of the Council nor
to enter into any discussions with any Councilperson during any meeting
unless permission to do so is given by the presiding officer. Each
person addressing the Council shall first give his or her name and
address to the Clerk and shall speak from such location in the Council
chamber as shall be designated by the presiding officer. All remarks
shall be addressed to the Council as a body and not to any member
thereof and shall not exceed five minutes in duration.
D.
Rule 4. Any person who shall persist in addressing the Council in
violation of these rules after having been called to order or who
shall engage in impertinent or slanderous remarks or boisterous conduct
while attending a Council meeting shall be forthwith barred from the
Council chamber by the presiding officer.
E.
Rule 5. The Chief of Police, or such member or members of the Police
Department as he or she may designate, shall be the Sergeant at Arms
of the Council at its meetings. 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 Council meetings.
A.
The Director of Law or his or her authorized representative shall
be available to the Council at all regular and special meetings. He
or she shall be responsible for the preparation and drafting of all
ordinances and resolutions for any member of the Council when and
as requested.
B.
A copy of each proposed ordinance shall, upon its introduction, be
furnished forthwith to each member of the Council by the City Clerk.
Except as otherwise required by law, ordinances may be introduced
and adopted by title. Every ordinance, after introduction and adoption
on first reading, shall be published in full, together with a notice
as required by law, and such publication shall be at least 10 days
prior to the time fixed for further consideration upon second reading
and final passage. At the time and place so specified in such notice,
all persons interested shall be given an opportunity to be heard thereon.
C.
Any member of the Council, subject to the provisions of § 5-63C, may introduce an ordinance or resolution in writing at any time, according to the established order of business. Upon request, each proposed ordinance or resolution shall, prior to its introduction, be reviewed as to form and legality by the Department of Law. Prior to introduction, ordinances and resolutions which would affect the functions, powers or duties of an existing department, board or agency may be referred by the City Clerk to the Business Administrator and to the head of the department, board or agency concerned, each of whom shall promptly submit a report to the Council containing his or her recommendations, but the failure of the Clerk to do so or the failure to submit said report shall not affect the validity thereof or prevent the adoption thereof by the Council.
D.
The Clerk of the Council shall insert the name of the Councilperson
who introduces an ordinance or resolution in a space to be provided
on forms furnished by said Clerk. Whenever the Mayor shall present
any ordinance, resolution or other matter to the Council, any Councilperson
may assume sponsorship thereof by moving that such ordinance, resolution
or other proposed action be considered in accordance with law.
E.
No ordinance or resolution affecting any department, board or agency
shall be proposed by any employee except the head thereof, and if
such head shall propose same, it shall be referred by him or her to
the Business Administrator with a memorandum explaining in detail
the necessity therefor; provided, however, that the failure so to
do shall not prevent the Council from adopting such ordinance or resolution.
Ordinances other than bond ordinances shall require at least
five affirmative votes for adoption. Bond ordinances shall require
at least six affirmative votes for adoption. Unless otherwise required
by the City Charter or by this article, adoption of resolutions shall
require the affirmative vote of a majority of those voting thereon,
provided that resolutions creating emergency appropriations and budgetary
transfers and resolutions declaring an emergency to allow an ordinance
to take effect within a shorter time than 20 days after passage shall
require at least six affirmative votes for adoption. All ordinances,
except budget ordinances, shall take effect 20 days after final passage
and approval by the Mayor, unless the Council shall, by duly adopted
resolution of emergency, provide for an effective date within a lesser
period of time.
Whenever an ordinance has been duly vetoed by the Mayor and
returned to the Council in accordance with the City Charter, the Council
shall, at its next regular meeting occurring not less than the third
day following the return of the ordinance by the Mayor, take up for
reconsideration the ordinance or any item or part thereof from which
the Mayor has withheld his or her approval. If, upon such reconsideration,
the Council, by the affirmative vote of at least six members, shall
vote to override the Mayor's veto, the ordinance, or any item or part
thereof on which the Council has so voted, shall take effect notwithstanding
the objections of the Mayor thereto.
Whenever an ordinance has been vetoed by the Mayor and is passed
by the Council over such veto in the manner provided by law, the City
Clerk shall append to such ordinance a certification in substantially
the following form:
"I hereby certify that the above ordinance adopted by the Council
of the City of Rahway on the __________ day of __________ was vetoed
by the Mayor of the City and was passed over said veto on the __________
day of __________.
Dated __________ City Clerk"
A.
Upon the receipt from the Mayor of his or her nominations to any
office or position, the same shall be read, under communications,
by the Clerk of the Council or his or her designee and, unless otherwise
ordered, shall be considered by the Council under "New Business."
B.
When the nomination is taken up for action, the President shall put
the question on each nomination as follows: "Will the Council confirm
the nomination?" On that motion, a vote shall be ordered. If five
or more members vote to confirm, the President shall announce, "The
nomination is confirmed." If fewer than five members vote to confirm,
the President shall announce, "The nomination is rejected."
C.
Action by confirmation or rejection upon a nomination made by the
Mayor shall not be postponed or delayed longer than for one regular
meeting.
D.
Within two days after confirmation or rejection of a nomination,
the Clerk of the Council shall, in writing, notify the Mayor of that
fact.
E.
Whenever exercising their authority to designate a member to the
Union County Utilities Authority, as provided for in the consent judgment
between the City and the Union County Utilities Authority, the Mayor
and the City Council shall not so designate any member of the City
Council to serve as a member of the Union County Utilities Authority.
[Added 3-14-2022 by Ord. No. O-12-22]
A.
The Council will confer at 7:00 p.m. on Tuesday before each regular meeting, or at such other time or times as may be set forth in the annual meeting schedule adopted in accordance with § 5-51, to agree upon the agenda for such regular meeting and prepare to take up the matters thereon.
B.
The Council may, by resolution adopted in accordance with the New Jersey Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.) and § 5-75 of the Code of the City of Rahway, reschedule the date and/or time of any premeeting conference.
C.
Attendance; procedures.
(1)
At such premeeting conference, the persons attending shall be the
members of the Council, the Clerk of the Council, the Business Administrator,
the Director of Law and such other officers, employees and persons
as the presiding officer or the Mayor shall request to attend.
(2)
All such premeeting conferences shall be open to the public; however,
members of the public shall not be heard while the Council is discussing
any business, except by unanimous consent of the members of the Council
present.
(3)
At the conclusion of the business discussion, time shall be set aside
for members of the public to make comments regarding governmental
issues pertinent to the City of Rahway; however, each speaker shall
be limited to three minutes.
(4)
The presiding officer may exclude from any such meeting any member
or members of the public for failure to observe the rules of procedure,
order and decorum prevailing at such meeting as prescribed by law.
D.
Any matter which has not been discussed or presented for consideration
at such premeeting conference shall not be acted upon at any regular
meeting except upon unanimous consent of the members present.
[1]
Editor's Note: Former § 5-63, Premeeting conferences,
was repealed 9-13-2021 by Ord. No. O-32-21.
