[1971 Code § 3-4; Ord. No. O-13-20, § 1; Ord. No. O-14-09, § 1; Ord. No. O-19-15, § 1]
Questions of order, methods of organization and the conduct
of the business of the Rockaway Township Council shall be determined
by the Council President unless there is an objection to a determination
made by the Council President, in which case the matter in issue shall
be determined by majority vote of the Council members present at any
regular or special meeting. Robert's Rules of Order may be consulted
for general guidance and to aid in the disposition or resolution of
any issue; however, Robert's Rules of Order shall not have binding
effect in any matter or issue before the Township Council.
[1971 Code § 3-4B; Ord. No. 9-4-73; Ord. No. 7-1-75; Ord. No. 3-16-76; Ord.
No. 2-7-84; Ord. No. O-13-20, § 1; Ord. No. O-19-15, § 1; Ord. No.
O-20-35]
In accordance with applicable law [N.J.S.A. 40:69A-36(g)] the
Council has the absolute authority and is required to pass a resolution
(N.J.S.A. 10:4-18) scheduling its annual regular Council meetings.
In order to ensure commencement of Mayoral and Council terms of office
as of January 1 after elections have been held, the annual reorganization
meeting shall be scheduled on any day during the first week in January
(N.J.S.A. 40:45A-1). The Council will agree to meet regularly thereafter
on the second and fourth Tuesdays of each month. If a regular meeting
falls on a legal holiday or such other day when the Council determines
that it would be inappropriate to hold a meeting, the Council, by
resolution, shall set the time and place of the next scheduled regular
meeting. Except in cases of emergency, all regular meetings of the
Township Council shall adjourn not later than 11:00 p.m.
[Ord. No. 1971 § 3-4C: Ord. No. 9-5-72; Ord. No.
O-13-20, § 1]
The Mayor or the President of the Council may, and upon written
request of a majority of the members of the Council shall, call a
special meeting of the Council. The request and call for such special
meeting shall specify the purpose of the meeting, and no other business
shall be transacted at that meeting. A call for a special meeting
shall be filed with the Township Clerk at least 24 hours before the
time for which the meeting is called, and the Clerk shall forthwith
give notice thereof by telephone or electronic mail to each Council
member and the Mayor. The Clerk shall also post one copy of the call
for the special meeting in a prominent place in the Municipal Building.
Upon written consent executed by 2/3 of the members of the Council,
a special meeting may be held without prior notice, notwithstanding
the above provisions of this section, however, in such case the Township
Clerk shall forthwith give notice of such special meeting by telephone
or electronic mail to each Council member and the Mayor.
[1971 Code § 3-4D; Ord. No. O-13-20, § 1; Ord. No.
O-19-23; Ord. No.
O-20-06]
A.
Members of the Council shall personally attend all regular and special Council meetings. For the purposes of this entire section, the word "attend" shall be defined as physical presence. Except as set forth in Subsection 2-5.4B hereof, any Council person who is not physically present at a Council meeting shall be deemed to be absent for such meeting.
B.
A Council member's physical presence may be excused only if
the member concerned has provided a written request to the entire
Council in advance of the scheduled meeting, stating the reason(s)
why such Council member will not be in attendance. Upon a showing
of what it deems, in its sole discretion, to be good cause, the Council
majority present at a meeting for which an attendance excuse is requested
may vote to excuse a Council person's attendance at such meeting.
Provided, however, that the Council may not refuse to excuse an absence
when a Council member's failure to attend is due to a legitimate
illness.
C.
In the event an excuse from attendance at any Council meeting is
requested by reason of legitimate illness, the Council, by majority
vote, may require that subsequent written verification of a legitimate
illness preventing attendance be provided by the Council member from
a physician or appropriate health care professional. In the event
satisfactory written verification of the inability to attend due to
legitimate illness is not provided within five calendar days following
the date of the meeting that a member of the Council did not attend,
the Council member concerned shall be deemed to have been absent for
that meeting.
D.
Participation in Council meetings by telephone or other electronic means shall not be permitted unless an absence from a Council meeting has first been excused by vote of a majority of the Council pursuant to Subsection 2-5.4B hereof and the Council member has requested the ability to participate in the meeting by telephone or other electronic means at the time that the written request for an excused absence is submitted. In such case, a majority of the Council may, in its sole discretion, vote to allow or disallow telephone or other electronic participation on the part of an excused member. Provided, however, that no member of the Council who is not physically present at a Council meeting shall be permitted to participate in any closed or executive session of the Council.
E.
In the event any Council member fails to physically attend and participate in meetings of the Council for a period of eight consecutive weeks without being excused from attendance as set forth in Subsection 2-5.4B hereof, then, in such case, the seat held by such Council member shall be deemed vacant pursuant to N.J.S.A. 40A:16-3(g).
F.
All regular and special meetings of the Township Council shall be
open to the public. The Township Administrator, Assistant Township
Administrator, Township Attorney, Clerk, Chief Financial Officer,
Engineer, and such other Township officers or employees as may be
required, shall attend all regular and special meetings of the Council.
[1]
Note: Former Subsection 2-5.5, Conferences of Council, previously
codified herein and containing portions of 1971 Code § 3-4E,
was repealed in its entirety by Ordinance No. O-13-20.
[1971 Code § 3-4F; Ord. No. O-13-20, § 1]
A majority of the whole number of Council members shall constitute
a quorum at any regular or special meeting of the Council. No ordinance
shall be adopted by the Council without the affirmative vote of a
majority of all Council members.
[1971 Code § 3-4G § 1; Ord. No. O-13-20, § 1; Ord. No. O-19-16, § 1]
A.
Order of business. The business of the Council at Regular Meetings,
and, so far as practicable, at Special Meetings, shall be taken up
for consideration and disposed of in the following order, after the
pledge of allegiance to the flag of the United States of America:
(1)
Roll call taken by Clerk.
(2)
Notice of Open Public Meetings Act.
(3)
Approval of minutes of previous meetings.
(4)
Ordinances to adopt (with public comment).
(5)
Open to the public.
(6)
Ordinance to introduce.
(8)
Old business.
(9)
New business.
(10)
Reports - Committees, administration etc.
(11)
Adjournment.
B.
Change order of business. The President of the Council may change
the order of business as he deems necessary in order to expedite the
completion of business to be considered.
C.
The agenda for each Regular and Special Meeting of the Council shall
be prepared by the Clerk. The Clerk shall accept and place upon the
agenda for all Regular Meetings any items presented by the Mayor,
Administration or any member of the Council. All agenda items shall
be submitted to the Clerk not less than 24 hours before commencement
of the meeting scheduled except for items that may be added to the
agenda upon a motion and 2/3 affirmative vote of the Council members
present and voting at any Regular Meeting. There shall be no deletion
from, or removal of, any item from the agenda as prepared prior to
the commencement of any Council meeting. Removal from or deletion
of any agenda items shall take place only after commencement of any
Council meeting upon motion and affirmative vote of 2/3 of the Council
members present and voting. The Clerk shall deliver a copy of the
agenda to each Council member, the Mayor, the Business Administrator,
Assistant Business Administrator, each department head, and the Township
Attorney immediately upon preparation and shall make copies of the
agenda available for inspection in strict compliance with applicable
law.
[1971 Code § 3-4H; Ord. No. 2-15-85; Ord. No. O-19-15, § 1]
A.
The presiding officer of the Council shall be the President, who
shall be elected by a majority of the Council at its annual organization
meeting. The President shall hold office for one year from that date
or until a successor shall have been duly elected. The President shall
sign all ordinances and resolutions adopted by the Council at any
meeting at which the President was presiding officer.
B.
A Vice President shall be elected by the Council at its annual organization
meeting and shall hold office for a period of one year or until a
successor shall have been duly elected. The Vice President shall preside
at all meetings of the Council in the absence of the President and
otherwise exercise the authority of the President in his or her absence.
C.
The majority of the Council shall elect a member of the Council to
serve as presiding officer at any meeting at which the President and
Vice President may be absent, and the Council member so elected shall
exercise the authority of the President and/or Vice President in their
absence.
D.
Upon motion and affirmative vote of a majority of the entire Council,
the President and/or Vice President may be removed from their respective
positions. In such case, the Council, by majority vote of the entire
Council, shall immediately elect a replacement for either or both
of those positions. Upon election, a new President or Vice President
shall serve for the balance of the term of the preceding President
or Vice President. Any such motion to remove the President and/or
Vice President shall be heard and voted upon by the Council immediately
and shall take precedence over any other matter on the Council agenda
for either a regular or special meeting.
[Ord. No. 1971 § 3-4I]
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 he may cast the deciding vote.
[1971 Code § 3-4J]
The President shall take the chair for the meeting and shall
immediately call the Council to order. In the absence of the President
and Vice-President, the Clerk or his designee shall call the Council
to order, whereupon a temporary President shall be elected by the
members of the Council present. Upon the arrival of the President,
the temporary President shall relinquish the chair upon the conclusion
of the business immediately before the Council.
[1971 Code § 3-4K]
Before proceeding with the business of the Council, the Clerk
shall take the roll of members and the names of those present shall
be entered in the minutes.
[Ord. No. 1971 § 3-4L]
Unless a reading of the minutes of a Council meeting is requested
by a majority of the Council, such minutes, when approved by the majority
on roll call vote, will be considered approved without reading, provided
that the Clerk shall have furnished to each Member of the Council
a copy of the minutes of the preceding meeting one week after the
meeting or as soon thereafter as is practicable.
[1971 Code § 3-4M]
A.
Participation by President. The President 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 Council member by reason of his being
the presiding officer.
B.
Debate. Every member desiring to speak shall address the presiding
officer and, upon recognition, shall confine himself to the question
under debate, avoiding all personalities and indecorous language.
A member, once recognized, shall not be interrupted when speaking
unless it be to call him to order as herein otherwise provided. If
a member, while speaking, be called to order, he shall cease speaking
until the question of order be 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 decisions of the chair be sustained?" and
the Council shall decide by a majority vote.
C.
Closing debate. The Council member moving the adoption or an ordinance
or resolution shall have the privilege of closing the debate.
D.
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.
[1971 Code § 3-4N; Ord. No. 2-7-84]
Any person desiring to address the Council shall first seek
recognition by the presiding officer; provided, however, that a portion
of the regular monthly public meeting and the monthly conference agenda
meeting shall be open to public comment. Upon recognition by the chair,
the person shall give his name and address in an audible tone of voice
for the records. Unless further time is granted by the Council, he
shall limit his statement to five minutes. Statements shall be addressed
to the Council as a body and not to any member thereof. A Councilman
shall not direct any question to a speaker addressing the Council,
except through the presiding officer.
[1971 Code § 3-4O]
While the Council is in session, the members shall preserve
order and decorum. The Council President at his/her discretion, shall
direct the Chief of Police or such other person in the Police Department
as he may designate to be the Sergeant of Arms at the Council meeting.
The Sergeant at Arms shall employ reasonable means to maintain the
proper order and decorum consistent with accepted standards.
[1971 Code § 3-4P]
All special committees and the Chairman thereof shall be appointed
by the Council President at a Regular, Conference or Special Meeting.
A quorum of each special committee shall consist of a majority of
the members thereof. Meetings of special committees shall be held
at such time as shall not conflict with regular meetings.
[1971 Code § 3-4Q]
Upon receipt from the Mayor of his nomination to any office
or position, the same shall be read under "administrative agenda"
by the Clerk, and unless otherwise ordered, shall be considered by
the Council, after discussion under "new business." When 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 and if a simple majority or more members vote
to confirm, the President shall announce, "The nomination is confirmed."
If less than a simple majority vote to confirm, the President shall
announce, "The nomination is rejected." Action of confirmation or
rejection upon a nomination made by the Mayor shall not be postponed
or delayed longer than for one regular meeting. Within two days after
confirmation or rejection of nomination, the Clerk shall, in writing,
notify the Mayor of that fact.
[1971 Code § 3-4R]
A.
Preparation. All ordinances and resolutions shall be drafted by or
receive the approval of the Township Attorney as to form and legality,
who shall prepare such ordinances and resolutions as the Council may
request. A copy of each ordinance which shall be submitted to the
Council for introduction at a regular or special meeting of the Council
shall be delivered to each Council member on Friday prior to the time
of the meeting or as soon thereafter as practicable, provided, however,
the Council, by unanimous consent, may waive this requirement.
B.
Introduction. Any Council member may introduce a resolution or ordinance.
C.
Adoption of ordinances.
(1)
Procedure as required by general law. All ordinances shall be adopted
and published in the manner required by general law; provided, however,
that any ordinance may incorporate by reference any standard technical
regulations or code, official or unofficial, which need not be so
published. Upon introduction of any ordinance, such ordinance is available
for public examination as long as that ordinance remains in effect.
(2)
Submission of ordinances to Mayor. All ordinances adopted by the
Council shall be submitted to the Mayor, and he shall, within 10 days
after receiving any ordinance, either approve the ordinance by affixing
his signature thereto or return it to the Council by delivering it
to the Municipal Clerk, together with a statement setting forth his
objections thereto or to any item or part thereof. The Clerk shall
immediately notify the members of the Council in writing. No ordinance
or any item or part thereof shall take effect without the Mayor's
approval, unless the Mayor fails to return an ordinance to the Council
within 10 days after it has been presented to him, or unless Council
upon reconsideration thereof on or after the third day following its
return by the Mayor shall be a vote of 2/3 of the members resolve
to override the Mayor's veto.
D.
Effective date or ordinance. No ordinance shall take effect less
than 20 days after its final passage by Council and approval by the
Mayor (unless Council overrides the Mayor's veto), unless the Council
shall adopt a resolution declaring an emergency and at least 2/3 of
the Council vote in favor of such resolution: provided, however, that
nothing herein shall affect the provisions of the local bond law with
respect to the effective date of ordinances passed pursuant thereto.
E.
Certification of passage of ordinance over Mayor's veto. 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 Clerk shall append
to such ordinance a certificate in substantially the following form.
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"I hereby certify that the above ordinance was adopted by the
Council on __________ day of __________ 19_____ and was vetoed by
the Mayor by his action whereby he returned the said ordinance to
the Council by delivering it to the Municipal Clerk together with
a statement setting forth his objections thereto and thereafter on
the __________ day of __________ 19_____ the Council did by a vote
of two-thirds of the members thereof resolve to override the Mayor's
veto. Signed, Township Clerk."
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