A. 
Generally. All powers of the municipality and the determination of all matters of policy shall be vested in the Municipal Council, except as otherwise provided by the Charter or this chapter.
[Amended by Ord. No. 1333-92 § 2-8; Ord. No. 1481-96; 7-23-2019 by Ord. No. 2332-19]
A. 
Regular meetings. The Council shall hold regular meetings on the first and third Tuesday of each month at 6:30 p.m., and during the months of June, July and August the Council meetings will commence at 6:00 p.m., except that Council may, by resolution, reschedule the meeting within the same month. All regular meetings of the Council shall be held in the Municipal Building of the Township.
[Amended 7-23-2019 by Ord. No. 2333-19]
B. 
Special meetings. The Mayor, whenever he deems it in the public interest, may, and upon request in writing of a majority of the Council, shall call a special meeting of the Council. A request by the Councilmen or Mayor for a special meeting shall state the time and purpose of the meeting and no other business may be considered. The Mayor shall deliver the call for a special meeting to the Municipal Clerk who shall forthwith deliver copies thereof to each Councilman at his residence or at such place as he may designate in advance. Except in the case of an emergency, special meetings shall be held within the Township and may not be called upon less than two days' notice.
C. 
Adjourned meetings. An adjourned meeting shall be considered a continuation of the preceding meeting and the business of the Council shall be resumed where it was left at the adjournment.
D. 
Public meetings. All regular and special meetings of the Council shall be open to the public. The Manager, Attorney, Clerk and such other municipal officers and employees as may be required by general or special order of the Council shall attend regular meetings of Council.
E. 
Executive meetings. The Council is permitted to hold private, executive meetings to the extent provided by state law. Such meetings are not open to the public due to the sensitive nature of the subject matter. Minutes will be taken at such meetings and will be released to the public at the earliest practical date in accordance with state law.
[Amended 11-1-2011 by Ord. No. 2113-11; 7-23-2019 by Ord. No. 2332-19]
A. 
At 12:00 noon on the first day of January following each election of Councilmembers, the Municipal Council shall assemble at Township Hall, organize and elect one of the Councilmembers Mayor of the Township. The Mayor shall be chosen by ballot by majority vote of all members of the Council. If the members shall be unable, within five ballots to be taken within two days of the organization meeting, to elect a Mayor, then the member who, in the last election for members of the Municipal Council, received the greatest number of votes shall be the Mayor. Should such person decline to accept the office, then the person receiving the next highest vote shall be the Mayor and so on until the office is filled.
B. 
Vacancies in the office of the Mayor shall be filled by the Council for the remainder of the unexpired term.
C. 
The Mayor shall preside at all meetings of the Council and shall have a voice and vote in its proceedings. All bonds, notes, contracts and written obligations of the Municipality shall be executed on its behalf by the Mayor or, in the event of his absence or temporary disability, by such Councilperson as the Township Council shall designate to act as Mayor during the Mayor's absence or disability. The powers and duties of the Mayor shall be only such as are expressly conferred upon him by the Charter.
D. 
The Mayor is authorized to approve or disapprove bingo and raffle applications for and on behalf of the Council pursuant to the state statute.
Whenever the public interest shall be better served by the conduct of any meeting of Council at a place within the Township, other than the Municipal Building, and upon reasonable notice to the public under the circumstances, Council may designate another public place suitable for the conduct of a public meeting. In the event of an emergency, the failure to provide notice of such a decision shall not be grounds for invalidating the proceedings conducted at such alternate site.
[Amended by Ord. No. 1364-93 § 2-10]
A. 
Ordinances and resolutions.
(1) 
Preparation of ordinances. Ordinances shall be prepared for presentation to the Council upon the request of a Councilman, or of majority vote of the Council, or requested in writing by the Manager.
(2) 
Prior review by administrative staff. All ordinances, resolutions and contract documents, before presentation to the Council shall:
(a) 
Have been approved as to form and legality by the Township Attorney or his authorized representative; and
(b) 
Have been examined as to administrative consideration by the Manager or his authorized representative.
(3) 
The Manager shall submit to the Council a written memorandum concerning the administrative aspects of each ordinance, resolution and contract unless he shall advise the Council that no administrative questions are involved. Each administrative memorandum may include the specific comments and recommendations of the Director concerned with the subject of the memorandum.
(4) 
Introduction for passage or approval.
(a) 
Ordinances, resolutions and other matters or subjects requiring action by the Council shall be introduced and sponsored by a member of the Council; except that the Manager or Attorney may present ordinances, resolutions and other matters or subjects to the Council and any Councilperson may assume sponsorship thereof by moving that such ordinances, resolutions, matters or subjects be adopted; otherwise, they shall not be considered.
(b) 
Ordinances and resolutions shall be called up for action on motion of a member of the Council.
(c) 
Upon introduction, an ordinance shall be properly published in the manner required by general law and must be subject to a public hearing before it can be adopted. No ordinance shall take effect less than 20 days after its final passage by Council, unless the Council shall adopt a resolution declaring an emergency and at least 2/3 of all the members of the Council vote in favor of such resolution.
(d) 
Resolutions and awarding of bids, unless laid over by a majority vote of the Council, shall be acted upon the day of introduction or presentation. The public shall have an opportunity to be heard before any bid is awarded.
B. 
Contracts.
(1) 
Township Council as contracting unit. Unless otherwise expressly provided herein, by ordinance or by law, the Township Council shall, as the governing body, constitute the sole and exclusive contracting unit of the Township as such is defined in N.J.S.A. 40A:11-2, and no other board, commission, committee, officer, department, branch or agency of the Township (hereafter "board") shall have any power or authority to enter into, commit or bind the Township to any contract, obligation or commitment (hereafter "contract"), or contract to incur any liability or expend any money whatsoever, whether for the performance of work or furnishing materials or otherwise.
(2) 
Appropriation required; compliance with section. No contract shall be entered into, nor any liability incurred nor any money expended:
(a) 
For which no appropriation has been provided, or in excess of the amount appropriated, as provided by law; or
(b) 
Except in strict accordance with the provisions of this subsection;
(c) 
Any contract or commitment made in violation of the foregoing shall be null and void and no moneys shall be paid thereon.
(3) 
Contracts under the amount authorized in N.J.S.A. 40A:11-2 of the Local Public Contracts Law.
(a) 
The Township Manager shall, subject to appropriations authorization as provided by law, have the authority, acting alone, to enter into any contract or agreement or otherwise incur any liability or expend money on behalf of the Township:
[1] 
For the performance of any work or the furnishing or hiring of materials or supplies if the cost or price does not exceed in the aggregate the amount authorized in N.J.S.A. 40A:11-2 of the Local Public Contracts Law in the fiscal year, and is thus exempt from public advertising for bids and bidding therefor, all in strict accordance with the criteria for such exemption set forth in N.J.S.A. 40A:11-3; and
[2] 
For all other types of purchases, contracts or agreements which may be exempt from public advertising for bids and bidding therefor as provided in N.J.S.A. 40A:11-5; provided, the liability incurred or money expended or to be expended does not exceed in the aggregate the amount authorized in N.J.S.A. 40A:11-2 of the Local Public Contracts Law in the fiscal year, as provided for under the criteria in Subsection B(3)(a) above.
(b) 
All contracts authorized in this Subsection B(3) shall be in writing, approved in advance as to form by the Township Attorney, and shall be entered into by the Manager either: (a) on the Manager's own initiative or upon direction of the Township Council, or (b) upon the written request submitted on behalf of any board or officer of the Township. If submitted to the Manager in accordance with paragraph (b) hereof by any board or officer, and in accordance with appropriation authorization, it shall be entered into by the Manager within two weeks after receipt of such submission, or by the next succeeding regular meeting of the Township Council, whichever event later occurs, failing which for any reason the request shall be referred by the Manager to the Township Council, together with a full report and recommendation thereof, and the Township Council shall thereupon assume complete jurisdiction over disposition thereof.
(c) 
The contracts entered into by the Manager pursuant to this Subsection B(3) need not previously be presented to the Township Council in accordance with Subsection A(2) above, but full itemized reports of all such contracts shall be rendered to the Township Council for all such contracts entered into during the preceding calendar month not later than the second regular meeting of the Township Council in the following month.
(4) 
Contracts over the amount authorized in N.J.S.A. 40A:11-2 of the Local Public Contracts Law.
(a) 
The Mayor and Municipal Clerk shall, subject to appropriations authorization as provided by law, and upon approval by resolution of the Township Council, have the authority to enter into any contract or agreement or otherwise incur any liability or expend money on behalf of the following:
[1] 
For the performance of any work or the furnishing or hiring of material or supplies if the cost or price exceeds in the aggregate the amount authorized in N.J.S.A. 40A:11-2 of the Local Public Contracts Law in the fiscal year, and is thus subject to the requirements for public advertising for bids and bidding therefor, all as set forth in and in strict accordance with the criteria for such requirements set forth in N.J.S.A. 40A:11-4; and
[2] 
For all other types of purchases, contracts or agreements which may be exempt from public advertising for bids and bidding therefor as provided in N.J.S.A. 40A:11-5; provided, the liability incurred or money expended or to be expended exceeds in the aggregate the amount authorized in N.J.S.A. 40A:11-2 of the Local Public Contracts Law in the fiscal year, as provided for under the criteria in Subsection B(4)(a) above.
(b) 
All contracts authorized in this Subsection B(4) shall, before presentation to the Township Council, be in writing, and shall have been approved in advance as to form and legality by the Township Attorney and shall have been examined as to administrative consideration by the Manager or his authorized representative, who shall otherwise comply with all the requirements of §§ 10-11A(2), above, and 10-29D of this Code. Such contracts may be initiated either: (a) on the Township Council's own initiative, (b) on the Manager's own initiative, or (c) upon the written request submitted on behalf of any board or officer of the Township. If submitted to the Manager in accordance with paragraph (c) by any board or officer, and in accordance with appropriation authorization, it shall be prepared and transmitted to the Township Council by the Manager within two weeks after receipt of such submission, or by the next succeeding regular meeting of the Township Council, whichever event later occurs, in compliance with §§ 10-11A(2), above, and 10-29D of this Code.
(5) 
Purpose. The purpose of this subsection shall be deemed to be solely the administrative and budgetary coordination of all contracting authority by the Township in order to better effectuate and consolidate implementation of the requirements of the Local Budget Law, N.J.S.A. 40a:4-1 et seq., and the Local Public Contracts Law, N.J.S.A. 40a:11-1 et seq., but nothing herein shall be construed to impair or affect: (a) the right of any board or officer to select its own staff, as provided by ordinance or by law; (b) the right of any board or officer to act separately as an independent "contracting unit" if and to the extent expressly so provided by ordinance or by law; or (c) the independent functions of any board or officer in carrying out its duties as provided by ordinance or by law.
(6) 
Petty cash. Notwithstanding any other provision hereof to the contrary, the Township Council may by resolution, from time to time, in its discretion establish and fund petty cash accounts and establish procedures for the disbursement of funds therein by such board or officer in such amounts and in such manner as may be prescribed by such resolution in accordance with law.
Pursuant to N.J.S.A. 40:69A-91, the Council and its members will deal with administrative officers and employees solely through the Manager, and may not give orders to any of the Manager's subordinates, either publicly or privately, except as may be otherwise required in the event of a legislative investigation pursuant to the Charter.
A. 
Any member of Council, the Municipal Attorney, or the Township Manager on behalf of the Administration, may place an item on the agenda for Council meetings.
B. 
All reports, communications, ordinances, resolutions, documents or other matters to be submitted to the Council shall be delivered to the Municipal Clerk no later than 12:00 noon on the Wednesday prior to the meeting date.
[Amended 3-5-2019 by Ord. No. 2321-19]
C. 
The Municipal Clerk shall immediately prepare an agenda of such matters, together with such additional matters already received, in conformity with the prescribed order of business as hereinafter provided and shall make a copy available to each member of the Council by 5:00 p.m. on the Friday prior to the meeting date in the Municipal Clerk's office.
D. 
The Municipal Clerk shall also furnish the Manager and the Municipal Attorney with a copy of such agenda in the Municipal Clerk's office at 5:00 p.m. on the Friday prior to the Council meeting.
E. 
The Municipal Clerk shall promptly post a copy of the agenda in the Municipal Building and shall distribute copies to any person upon request.
The Mayor shall be the presiding officer of the Council, and the Chairman Pro-Tempore may preside as otherwise provided by this chapter. The Presiding Officer may vote on all questions, his name being called last.
[Amended by Ord. No. 1454-96; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Call to order.
(1) 
The Mayor shall take the chair at the hour appointed for the meeting, and shall immediately call the Council to order.
(2) 
In the absence of the Mayor, the Municipal Clerk shall call the Council to order. The Clerk shall then determine whether a quorum is present and in the event a quorum is present call for the election of a Chairman Pro Tempore. Upon the appearance of the Mayor the Chairman Pro Tempore shall forthwith relinquish the chair upon the conclusion of the business immediately before the Council.
B. 
Roll call. At the beginning of each meeting of the Council, the Municipal Clerk shall call the roll of the members in alphabetical order, and the names of those present shall be entered in the minutes. If any member appears after the roll call, the Clerk shall enter in the minutes the time of attendance of such member.
C. 
Quorum. A majority of the whole number of members of the Council shall constitute a quorum. If a quorum is not present within 30 minutes after the hour appointed for the meeting of the Council, the person presiding 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 Municipal Clerk.
D. 
Order of business. At each regular meeting of the Council, the order of business shall be as follows:
[Amended 1-22-2013 by Ord. No. 2147-13]
(1) 
Mayor's Welcome and Statement of Proper Notice.
(2) 
Pledge of Allegiance.
(3) 
Roll Call.
(4) 
Special Proclamations, Recognitions and Presentations.
(5) 
Public Participation - five-minute limitation per speaker.
(6) 
Review and Revision of Agenda.
(7) 
Adoption of Minutes of Previous Meetings.
(8) 
Awarding and/or Rejecting of Bids*.
(9) 
Introduction of Ordinances.
(10) 
Adoption of Ordinances*.
(11) 
Manager's Report.
(12) 
Attorney's Report.
(13) 
Clerk's Report.
(14) 
Old Business.
(15) 
New Business.
(16) 
Public Participation - three-minute limitation per speaker.
(17) 
Resolutions.
(18) 
Council Initiatives and Liaison Reports.
(19) 
Written Communications.
(20) 
Executive Session (if authorized).
(21) 
Adjournment.
All communications, documents and correspondence regarding any business of the Township which is addressed to the Mayor or to any member of Council shall be distributed to all other Council members upon receipt. The date and time of distribution to the Mayor and Council members shall be stamped upon the communications, documents and correspondence by the Municipal Clerk.
Unless a reading of the minutes of a Council meeting is requested by a majority of the Council, such minutes when signed by the Mayor and the Municipal Clerk may be approved without reading; provided that the Clerk, at least three full working days preceding the day of the meeting, shall deliver a copy thereof to each member of the Council.
A. 
The vote upon every motion, resolution or ordinance shall be taken by roll call in alphabetical order except that the Mayor shall be polled last, and the yeas and nays shall be entered upon the minutes. No ordinance or resolution may be adopted without the affirmative vote of a majority of all the members of the Council.
B. 
Upon the call of the roll no member shall discuss or explain his vote; and the silence of any Councilman who is present shall be recorded as an affirmative vote unless he stated directly that he abstains.
C. 
The minutes of each meeting shall be signed by the presiding officer and by the Municipal Clerk.
A. 
There shall be no standing committees of the Council, other than the Committee of the Whole. The rules of the Council shall govern the meetings of the Committee of the Whole so far as applicable.
B. 
Special committees of the Council for legislative purposes may be appointed by the Mayor pursuant to resolution. No special committee shall proceed to the consideration of any matter referred to it unless a majority of the members of the committee shall be present. All committee meetings shall be held at the Township Municipal Building or in any other public building. No special committee shall report on a matter referred to it at the same meeting at which the reference is made, except by the unanimous consent of the members of the committee.
A. 
Appointment of Township officials. Appointments to office by the Council may be made by the affirmative vote of a majority of Council. Whenever the Council intends to act upon an appointment of a Township Official, including an appointment to fill a vacancy on the Council, it shall give notice of such intention at least one week before acting on the appointment; provided, that the Council may, on a four-fifths vote of the members thereof, dispense with the notice of intention to act and may make or approve such appointment forthwith. This rule shall be applicable whether an appointment is to be made in advance of or after the expiration of a term of office, or to fill a vacancy created by resignation, death or retirement.
B. 
Appointments by Council.
(1) 
With respect to appointments to be made by the Council, any member of the Council may nominate as many candidates as there are offices to be filled. The Council will consider such nominations at a regular meeting of the Council. Where there is a single office to be filled, the sense of the Council on the appointment shall be taken as to each nominee in alphabetical order, and the first nominee to receive a majority shall be deemed appointed.
(2) 
Where there is more than one office to fill, such as on a board, committee or authority, the same procedure shall be followed with respect to each office separately until the total number of appointments to be made has been completed.
(3) 
In the discretion of the chair, a group of nominations may be considered at once where there is no apparent division in the Council as to the nominees included in the group.
A. 
Question under consideration. When a question is presented and seconded, it is under consideration and no motion shall be received thereafter, except to adjourn, to lay on the table, to postpone or to amend, until the question is decided. These motions shall have preference in the order in which they are mentioned and the first two shall be decided without debate.
B. 
Presiding Officer. Such 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 Councilman by reason of his being the Mayor or Presiding Officer.
C. 
Getting the floor. Every member desiring to speak for any purpose whatsoever shall address the Presiding Officer, and upon recognition, shall confine himself to the question under debate, avoiding all personalities and indecorous language. A member may only speak once on the same subject but may speak to clear up a matter of fact or explain a material part of this speech, except that a member after moving a question may once again speak on the same subject.
D. 
Interruption. A member once recognized shall not be interrupted when speaking unless it be to call him to order or 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 determined to be in order, he shall be permitted to proceed.
E. 
Appeals. Any member may appeal to the Council from the decision of the Chairman upon a question of order. The chair shall thereupon submit to the Council the question "Shall the decision of the chair be sustained?" and the Council without debate shall decide by a majority vote.
F. 
Privilege of closing debate. The Councilman moving the adoption of an ordinance or resolution shall have the privilege of closing the debate.
A. 
In the proper order of business at all meetings of Council, a person may address the Council upon recognition by the Chair. A person addressing the Council shall step up to the microphone, shall give his name and address in an audible tone of voice for the record, and shall have the right to address the Council without limitation as to time. All remarks shall be addressed to the person, other than members of the Council and the Council as a body and not to any member thereof. No person having the floor shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Presiding Officer. No question shall be asked a Councilman except through the Presiding Officer.
B. 
Notwithstanding any ordinance or provision to the contrary, a person shall have the right to address the Council without limitation as to time regarding any proposed resolution on the agenda prior to Council voting on said resolution, or any proposed ordinance which is on the agenda for second reading by Council.
A. 
By Council members. While the Council is in session, the members must preserve order and decorum, and a member shall neither by conversation or otherwise, except as herein provided, delay or interrupt the proceedings, the peace of the Council, disturb any member while speaking or refuse to obey the orders of the Council or its Presiding Officer.
B. 
By other persons. Any person making impertinent or slanderous remarks or who shall become boisterous while addressing the Council shall forthwith be barred from further audience before the Council by the Presiding Officer unless permission to continue or again address the Council be granted by the majority vote of the Council.
The Chief of Police or such members of the Police Department as he may designate shall be the sergeant-at-arms of the Council meetings. He shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meetings.
A. 
Generally. The minute records generally should contain every formal action of the governing body whether such action is represented by a motion, resolution or an ordinance.
B. 
Remarks of Councilmen. A Councilman may request, through the Presiding Officer, the privilege of having an abstract of his statement on any subject before the Council, not exceeding 100 words, entered in the minutes. If the Council consents thereto, such abstracts shall be entered in the minutes.
C. 
Council Committee reports. A detailed report given by a Council Committee and requested to be made a part of the minutes must be prepared in writing and submitted to the Municipal Clerk. It shall be included in the minutes with the consent of the Council.
D. 
Other matters. The judgment of the Municipal Clerk shall serve as a guide on the question of selection of details to be included in the minutes in the absence of formal action by the Council.
To the extent not inconsistent with this chapter or with the Charter, Robert's Rules of Order shall govern the meetings and proceedings of the Council.
Any of the rules of procedure of the Council may be suspended by unanimous consent of the Council members present.