City of Plainfield, NJ City Council

Preside at Council meetings;

Establish a Council protocol, by resolution, which shall establish the process by which members of the administration submit items for consideration on the Council's agenda; the process by which Council makes requests for information to the Administration; appoint all Committees of the Council, except no Committees may be appointed for administrative purposes; establish a seating chart in consultation with the City Clerk; establish the Order of Business for Council meetings;

Approve vouchers chargeable to appropriations for personal expenditures by Council members;

Approve vouchers chargeable to the City Council account for stationery, clerical help or the like, which need not be listed on the Council agenda; and,

Have such other duties as the Council may prescribe by resolution.

(f)

Establish the agenda for the agenda-fixing session in consultation with the City Clerk, City Administrator and Corporation Counsel.

(g)

Direct the City Clerk to cancel or reschedule and regularly scheduled or special meeting called by the City Council.

§ 2:2-5 Vice President.

[A.C. 1969, 2.1(c); MC 2017-05, February 13, 2017]

The Council shall every year thereafter elect a Vice President of the Council from among the members thereof.

In the absence of the City Council President the Vice President shall have all the power and duties of the City Council President.

The Vice President shall serve for a term of one (1) year.

§ 2:2-6 Disqualification of Councilman.

[A.C. 1969, 2.3]

In the exercise of the Council's power to judge the election and qualification of its members under Section 2.12 of the Charter, the following rules and standards will be applied:

Any question as to the election or qualification of newly elected members, for cause occurring prior to the commencement of a term will be considered only upon written challenge filed with the Council on or before January 1, following the election at which the office was to be filled;

Grounds for forfeiture of office due to misconduct or malfeasance in office shall include:

(1)

Failure to attend six (6) successive regular meetings of the Council, unless excused by resolution of the Council;

(2)

Conviction of a crime or offense in any state involving moral turpitude; or,

(3)

Such other grounds as may be recognized by general law.

§ 2:2-7 Clerk of the Council; duties.

[A.C. 1969, 2.13, as amended May 5, 1969]

The City Clerk shall serve as Clerk of the Council unless the Council shall otherwise provide by resolution. The Clerk of the Council shall:

Keep a journal of the Council proceedings and record the minutes of every meeting, which minutes shall be authenticated by the signature of the officer presiding at the meeting, and by the Clerk of the Council;

Preserve and record all ordinances and resolutions adopted by the Council;

After the close of each year, with the advice and assistance of the Corporation Counsel, bind, compile or codify all the ordinances and resolutions, or true copies thereof which then remain in force and effect;

Properly index the record books, compilation and codification of ordinances and resolutions;

Publicly advertise for bids in the name of the Council for all contracts for the doing of any work or the furnishing of any materials, supplies or labor, or the hiring of teams or vehicles, where the public advertisement is required by N.J.S.A. 40:50-1, or otherwise. This general direction to the Clerk of the Council to cause public advertisement for bids to be published, shall in no way affect the requirement under Section 2:10-6, that the Council must, by resolution, let each contract at the receipt of bids;

(f)

Provide secretarial and clerical services for the Councilmen in the discharge of their official duties; and,

(g)

Have such other duties as Council may by resolution prescribe or the President of the Council may from time to time require.

§ 2:2-8 Mayor's participation in Council meetings.

[A.C. 1969, 2.1(d)]

The Mayor may attend meetings of the Council and may take part in discussions of the Council but shall have no vote, pursuant to Section 2.7 (e) of the Charter. Ordinances may be introduced or amended by motion of the Mayor pursuant to Sections 2:2-21 and 2:2-22 and resolutions may be proposed by the Mayor for introduction or amendment by a member of the Council, pursuant to Section 2:2-23.

§ 2:2-9 Regular meetings.

[A.C. 1969, 2.2 (a); Ord. AC-10, § 1, January 18, 1971; MC 2006-09, March 20, 2006; MC 2008-04, March 5, 2008; MC 2009-02, February 17, 2009; MC 2013-06, August 19, 2013; MC 2014-15, July 14, 2014]

The Council shall convene a regular meeting on the second Monday of every month other than June, July, August and November, at 8:00 P.M. in the Council Chambers — Municipal Court or such other place as may be established by resolution and public notice. During the months of June, July, August and November, the Council shall convene a regular meeting on the third Monday, at 8:00 P.M. in the Council Chambers — Municipal Court, except that when any such regular meeting day falls on a legal holiday the meeting shall be held the same hour and place on the next day which is not a legal holiday, unless the Council shall otherwise provide by resolution.

In preparation for the regular Council meeting to be held on the second Monday herein described, the Council shall convene an agenda/work meeting on the first Monday every such month except that when an agenda/work day falls on a legal holiday, the meeting shall be held the same hour and place on the next day which is not a legal holiday, and which agenda/work meeting shall be convened at the City Hall Library or such other place as may be established by resolution and public notice.

In preparation for the regular Council meeting to be held on the third Monday in June, July, August and November hereinabove described, the Council shall convene an agenda/work meeting on the second Monday, except that when the agenda/work meeting day falls on a legal holiday or some other specially recognized event/date as identified by the City Council, the meeting shall be held the same hour and place on the next day which is not a legal holiday or such other specially recognized event/date, and which agenda/work meeting shall be convened at the City Hall Library or such other place as may be established by resolution and public notice.

All meetings of the City Council shall be video recorded and televised on the Plainfield Television Cable Station as soon as is practicable but no later than thirty (30) days from the date of recording. This requirement shall apply to all agenda/work meetings, regular meetings, special meetings and emergency meetings or the City Council.

§ 2:2-10 Special meetings.

[A.C. 1969, 2.2 (b); MC-1993-4, § 1, March 15, 1993; MC 2017-05, February 13, 2017]

Special meetings of the Council may be called by a majority of the members of the Council. Whenever a special meeting shall be called by a majority of the members of the Council, a notice in writing signed by such majority, shall be served on the City Clerk. The Clerk shall forthwith serve written notice upon each member of the Council at his/her place of residence or by electronic mail, stating the date and hour of the meeting and the purpose for which such meeting is called. The City Clerk shall also serve notice upon the Mayor at the Office of the Mayor. The Mayor or City Council President may call a meeting by notifying the City Clerk in writing stating the purpose for which such meeting is called. The City Clerk in his/her notice of a special meeting shall allow at least forty-eight (48) hours to elapse between the call of the meeting and the hour of the meeting. The City Clerk shall call the Council to meet on short notice in special meetings for its stated purpose. No other business shall be transacted at such special meeting.

The request and call for a special meeting shall specify the purpose of the meeting and no other business shall be considered at such meeting.

A special meeting may be held not less than two (2) days after the giving of a public notice of the call.

The request and call for a special meeting shall be filed with the Clerk who shall forthwith deliver a copy thereof to the official City newspaper and at the direction of the Mayor or Council President to each newspaper published in or having a substantial circulation in the City. The Clerk shall also forthwith serve a copy thereof on each Councilperson by causing the notice to be handed to him/her personally, left at his/her residence or delivered to the Councilperson at such other place or in such manner as the Councilperson may designate in writing and file with the Clerk.

§ 2:2-11 Agenda.

[A.C. 1969, 2.4; MC 2013-06, August 19, 2013]

At least forty-eight (48) hours before each regular meeting, the Clerk of the Council under the direction and supervision of the President of the Council, or in his absence, of the Chairman of the Committee of the Whole or such other Councilman designated by a majority of the Councilmen present at an Agenda Session, shall prepare an agenda of the matters to come before the Council at that meeting immediately deliver a copy of the agenda to the Mayor, the City Administrator, and each member of the Council by mailing a copy thereof to, or leaving a copy thereof at their respective residences, and immediately make copies available to the public.

No matter of new business which is not included on the meeting agenda shall be acted on by the Council at any meeting, except upon a vote of two-thirds (2/3) of those present.

§ 2:2-12 Quorum; adjournment.

[A.C. 1969, 2.5; MC 2013-06, August 19, 2013]

A majority of the whole number of Councilmen shall constitute a quorum. If a quorum is not present thirty (30) minutes after the appointed hour for a regular or special meeting, those present may adjourn the meeting to another time. A member who has been counted for the quorum may not absent himself from the meeting without permission of the President of the Council.

§ 2:2-13 Voting.

[A.C. 1969, 2.6, as amended May 5, 1969; MC 2013-06, August 19, 2013]

The vote upon every motion, resolution or ordinance shall be taken by roll call or by voice vote and the yeas and nays shall be entered in the minutes.

Any member who is present and does not respond when his name is called shall be recorded as present but not voting, except a member may be recorded as abstaining when he so indicates upon the call of the roll.

Upon any roll call there shall be no discussion or explanation given by any member voting, and he shall vote "aye" or "nay" or "abstain."

Any question before the Council may be determined only by the affirmative vote of a majority of the membership, except when otherwise required by the Charter or this Code.

A Council member's vote shall be recorded if the Council member is present in the Chamber or present remotely by speaker phone or other verbal electronic device.

§ 2:2-14 Suspension of Rules or order of business.

[A.C. 1969, 2.8, as amended May 5, 1969]

Any rule of procedure or the order of business may be suspended by a two-thirds (2/3) vote of those members present.

§ 2:2-15 Order of business.

[A.C. 1969, 2.7; MC 1981-8, § 1, June 1, 1981; MC 2003-6, § 1, May 19, 2003; MC 2013-06, August 19, 2013]

The order of business at regular meetings of the Council shall be substantially as follows established by the President of the Council pursuant to the Council protocol by way of resolution.

(1)

The President of the Council shall call the meeting to order at the stated hour, and in the absence of the President, those members present may forthwith elect a President Pro Tempore, who shall call the meeting to order. As soon as the President joins the meetings, the President Pro Tempore shall relinquish the chair and the President shall assume it;

(2)

The Clerk of the Council shall call the roll;

(3)

Consideration and approval of the minutes of the previous meeting, which need not be read at length if they have been distributed to the members at least forty-eight (48) hours before the meeting;

(4)

Communications from the Mayor;

(5)

Other communications and petitions (which shall be made available to the Council, but need not be read in full except upon motion duly made and carried);

(6)

Reports of special committees of the Council;

(7)

Unfinished business;

(8)

Consideration of ordinances for passage on second reading;

(9)

Public comment, limited to resolutions, motions and ordinances to be introduced on first reading;

New business;

Consent agenda;

Nonconsent agenda;

Introduction of ordinances on first reading;

(12)

General public comment; and

(13)

Adjournment.

Public comment shall be allowed at all other public meetings of the Council in the manner provided by resolution of the Council.

§ 2:2-16 Rules of order.

[A.C. 1969, 2.8(a), as amended May 5, 1969]

The procedure of the Council shall be governed by Robert's Rules of Order (Revised).

§ 2:2-17 Debates.

[A.C. 1969, 2.8(b), (e), as amended May 5, 1969]

The President or such other member of the Council as may be presiding may debate from the chair, subject only to such limitations of debate as are imposed by or pursuant to the Code upon all members, and no member shall be deprived of any of the rights and privileges of a member of Council by reason of his being the presiding officer.

The member moving the adoption of an ordinance or resolution shall have the privilege of closing the debate.

§ 2:2-18 Question and subject matter before Council.

[A.C. 1969, 2.8(c), (d), as amended May 5, 1969]

No member of the Council may speak more than once on the same question until every member desiring to speak on the question shall have been heard.

No matter foreign to the subject under consideration shall be received under color of an amendment.

§ 2:2-19 Motions.

[A.C. 1969, 2.8(f), as amended May 5, 1969]

The following motions and no other motions shall be received when a question is under debate:

To adjourn;

To lay on the table;

To move the previous question;

To amend; or,

To recess to executive session.

These several motions shall have precedence in order stated. The motion to adjourn shall be decided without debate.

§ 2:2-20 Reconsideration of questions.

[A.C. 1969, 2.9]

Any member of Council having voted with the prevailing side on any question may move for a reconsideration thereof at the same, or next regular or adjourned meeting; but there shall be no more than one (1) reconsideration of any question, without unanimous consent.

§ 2:2-21 Ordinances.

[A.C. 1969, 2.10, as amended May 5, 1969]

Introduction. An ordinance may be introduced by any member of the Council, or by the Mayor by signing and submitting a copy thereof to the Clerk of the Council. Prior to introduction, the ordinances shall be approved as to legal form and sufficiency by the Corporation Counsel, who shall endorse his approval thereof, and shall be submitted to the City Administrator for review and comment as to its administrative feasibility. Prior to the vote on first reading, complete copies of the proposed ordinance, together with the comments of the City Administrator shall be distributed to each member.

Second Reading. The ordinance as introduced shall be published by the Clerk as required by law and in accordance with the resolution of the Council.

Approval. As soon as possible after the passage of an ordinance by the Council, and before the publication required by N.J.S.A. 40:49-2d, the Clerk shall present to the Mayor a certified copy of the ordinance as passed and make a note on the ordinance or on its back, the date and approximate time it was received by the Mayor. Any ordinance to which the Mayor has affixed his signature or withheld his approval, or which has taken effect without his approval, pursuant to the Charter, shall be returned to the Clerk and he shall note the date and time of the return and keep it in safe custody as a public record.

§ 2:2-22 Amendments.

[A.C. 1969, 2.10, as amended May 5, 1969]

Amendments to any ordinance, upon motion of a Councilman or the Mayor, may be made upon introduction or final reading thereof, orally or in writing, provided that an oral amendment must immediately be reduced to writing by the person making such amendment; and the wording of such amendment shall be approved by the Corporation Counsel as to legal form and sufficiency. In the event the amendment materially changes the administrative feasibility of implementing the ordinance, and the Mayor does not waive resubmission of the ordinance to the City Administrator for review and comment, the ordinance shall be considered as tabled upon the adoption of such amendment, pending receipt by the Council of such additional review and comment from the City Administrator.

§ 2:2-23 Resolutions.

[A.C. 1969, 2.11, as amended May 5, 1969]

All resolutions of permanent import shall be introduced in writing.

The affirmative vote of a majority of the whole Council is required to pass a resolution.

Unless otherwise specifically required by law, a resolution need not be submitted to the Mayor for approval.

Resolutions may be proposed by the Mayor for introduction by any member of the Council.

§ 2:2-24 Appointments.

[A.C. 1969, 2.12]

All nominations submitted by the Mayor shall be in writing and will be considered in committee of the whole and may be reported to the Council at the organization meeting or at any regular meeting. Any member of the Council may move the confirmation of a nomination and such action by the Council shall be by written resolution.