[1967 Code § 2-2.1]
The Governing Body shall consist of the Mayor and six Council
members elected at large in the Borough, all of whom shall be elected
and take office in the manner provided by law. The term of office
of the Mayor and Council members shall commence on January 1 next
following their election.
[Ord. No. 07-03]
The Council shall possess all the powers granted by or permissible
under the laws of the State of New Jersey.
[Ord. No. 07-03]
Council shall take appropriate action to insure that ordinances
and resolutions of the preceding year are compiled or codified.
[Ord. No. 07-03]
The Mayor shall hold office for four years and until his successor
qualifies. Council members shall hold office for three years and until
their successors qualify and their respective terms shall be arranged
so that the terms of two members of Council expire at the end of each
year.
[1967 Code § 2-2.2; Ord. No. 07-03]
a.
Whenever a vacancy occurs in the Office of the Mayor or in the membership
of the Borough Council for any reason other than the expiration of
term of office, the vacancy shall be filled pursuant to State statutes.
(See Municipal Vacancy Law, N.J.S.A. 40A:16-1 et seq.)
b.
Every person appointed by the Mayor, the Borough Council or by the
Governor to fill a vacancy, either for the unexpired term or temporarily,
shall have the qualifications required by Statute to permit the appointee
to qualify for election to the office, and if the previous incumbent
had been elected to office as the nominee of a political party, the
person so appointed shall be of the same political party.
[1971 Code § 2-5.1; 2-5.2; Ord. No. 07-03]
The Mayor shall preside over all meetings of the Council but
shall not vote except to give the deciding vote in case of a tie.
Except as otherwise provided by Statute or specific ordinance, the
Mayor shall nominate and, with the advice and consent of the Council,
appoint all officers in the Borough. No appointments requiring Council
confirmation shall be made except by a majority vote of the Council
members present at the meeting, 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. Vacancies in appointive offices
shall be filled by appointment in the same manner for the unexpired
term only. The Mayor shall make such nomination to fill a vacancy
within 30 days after the appointive office becomes vacant. If the
Mayor fails to nominate within 30 days or the Council fails to confirm
any nomination made by the Mayor, then, after the expiration of 30
days, the Council shall appoint the officer.
The Mayor shall see that the laws of the State and the ordinances
of the Borough are faithfully executed, and shall recommend to the
Council such measures as he may deem necessary or expedient for the
welfare of the Borough. He shall maintain peace and good order and
have the power to suppress all riots and tumultuous assemblies in
the Borough.
The Mayor shall have the powers granted by the laws of New Jersey
and the ordinances of the Borough. The Mayor shall supervise the conduct
and acts of all officers in the Borough and shall execute all contracts
made on behalf of the Council. The Mayor may, without further approval,
appoint committees whose function is solely to study, advise and make
recommendations to him in the exercise of his powers and duties under
law.
[1967 Code § 2-4]
At the organizational meeting the Council, by a majority vote,
shall elect from their number a President of the Council, who shall
preside at all of its meetings when the Mayor does not preside. The
President of the Council shall hold office for one year and until
the next annual meeting. The President of the Council shall have the
right to debate the vote on all questions before the Council. If the
Council at its annual meeting fails to elect a President, the Mayor
shall appoint the President from the Council and in that case no confirmation
by the Council shall be necessary. If the Mayor is absent from the
Borough for a period of three consecutive days or for any reason is
unable to act, the President of the Council shall perform all the
duties of the Mayor during his absence or inability. In case of the
Mayor's intended absence from the Borough for more than three days
at any one time, the Mayor shall notify the President in writing of
such intended absence, whereupon the President shall become Acting
Mayor upon the receipt of such notice and continue to act until the
Mayor's return. In case of the temporary inability of the President
of the Council to perform the duties of Acting Mayor, the Council
member having the longest term of service may act temporarily for
the President of the Council.
[1967 Code § 2-3; Ord. No. 07-03]
The Council shall meet for organization on the first day of
January, or during the first seven days in January in any year at
the call of the current or incoming Mayor. Thereafter, the Council
shall meet regularly within the Borough at such times and places as
provided by resolution. The Mayor shall, when necessary, call special
meetings of the Council. In case of his neglect or refusal, any four
members of the Council may call such meetings at such time and place
in the Borough as they may designate. In all cases of special meetings,
48 hours' written notice (or actual voice contact) shall be given
to all members of the Council. Written notice may be by leaving such
notice at their places of residence. All meetings shall be held in
compliance with the provisions of N.J.S.A. 10:4-6 et seq., "The Open
Public Meetings Act."
[1967 Code § 2-3]
Three Council members and the Mayor, or in the absence of the
Mayor, four councilmen, shall constitute a quorum for the transaction
of business.
[Ord. No. 07-03]
The Council shall provide by resolution rules of procedure not
inconsistent with law or this Code. Proceedings at all meetings shall
be conducted in accordance with Roberts Rules of Order, revised, except
where the Council provides otherwise by resolution. The Attorney,
or in his absence, the President of Council, shall be ex-officio parliamentarian
and shall give his opinion on questions of procedure at the request
of members of the Council.
[Ord. No. 07-03]
All regular and special meetings of the Council shall be open
to the public. The Attorney, the Borough Clerk, and any other Borough
officer or employee whose presence shall be required by resolution
of the Council shall attend such meetings.
[Ord. No. 07-03]
Borough ordinances shall be submitted in writing for introduction
at a meeting of the Council and shall be voted on at such meeting.
No ordinance shall be adopted except on second reading after publication
by the vote of a majority of the members of the Council present at
the meeting as required by law. The Mayor shall have no vote except
in the case of a tie.
[Ord. No. 07-03]
No ordinance shall be considered for final adoption until it
has been advertised as required by law. The Clerk shall be responsible
for arranging for the advertising of proposed ordinances.
[1967 Code § 2-5.3; Ord. No. 07-03; N.J.S.A. 40A:60-5; N.J.S.A. 40A:60-6]
a.
Presentation to mayor. Every ordinance passed by the Council shall,
within five days, Sundays excepted, after its passage, be presented
to the Mayor by the Borough Clerk, whose report shall be conclusive
evidence that the ordinance has been so presented.
b.
Approval by mayor. If the ordinance is approved by the Mayor, he
shall, within 10 days, Sundays excepted, after receiving it, sign
it and file it with the Clerk.
c.
Veto. If the Mayor does not approve an ordinance, he shall, within
10 days, Sundays excepted, after receiving it, return the ordinance
to the Clerk with his objections in writing, and the Council shall,
at its next meeting, cause the objections to be entered at length
on its minutes and proceed to reconsider the ordinance.
d.
Partial veto. If any ordinance contains more than one distinct section,
clause or item, the Mayor may approve one or more sections, clauses
or items, and veto the rest.
e.
Passage over veto. The Council may override a veto of the Mayor by
a 2/3 Majority of all the members of Council.
f.
Failure of mayor to act. If any ordinance is not returned by the
Mayor within the time prescribed to paragraph c, it shall take effect
in the same manner as if he had signed it.
