The legislative power of the city, except as otherwise specifically
provided by this chapter, shall be exercised by the city council.
The council shall have and exercise such other and additional powers
and duties as are provided by the charter.
The city council shall consist of 7 members to be nominated
and elected in accordance with the provisions of Title 19 of the Revised
Statutes. One member shall be elected from the city at large, one
member shall be elected from each of 4 councilmanic wards to be established
and maintained pursuant to the charter, one member shall be elected
from the first and fourth wards at large, and one member shall be
elected from the second and third wards at large.
A vacancy in the office of council member occurring during a
term shall be filled in accordance with the "Municipal Vacancy Law,"
N.J.S. 40A:16-1 et seq.
Council shall convene in regular meetings at least once each
month at such times and places fixed by resolution and noticed to
the public, except in the event of a public catastrophe or emergency
which renders such meeting impractical or unduly hazardous. Special
meetings upon at least 2 days public notice may be called by the mayor
whenever he or she deems necessary, and shall be called by the city
clerk upon written request signed by a majority of the council members.
The call for a special meeting shall specify the purpose of the meeting,
and no other business may be conducted at such meeting.
The legislative, executive and administrative powers of the
city are divided between the legislative and executive branches. No
person or persons belonging to or constituting one branch shall exercise
any of the powers of the other unless specifically authorized by the
Charter. Neither the council nor any councilman shall intervene in
administrative matters, except for legislative purposes.
The council may provide by ordinance for an annual salary of
council members, provided that no ordinance increasing or decreasing
such salary shall take effect prior to the next budget year following
a general election which occurs not less than 60 days after its adoption.
In addition to such salary, council members may be paid their reasonable,
actual, and necessary expenses incurred in the performance of the
duties of their office.
The council shall be the judge of the election and qualifications
of its members, and may determine the grounds for forfeiture of the
office due to misconduct or malfeasance. For this purpose, the council
shall have the power to subpoena witnesses, administer oaths and require
the production of evidence. A member charged with conduct constituting
grounds for forfeiture of his office shall be entitled to a public
hearing on demand. Notice of such hearing shall be published in one
or more newspapers of general circulation in the city at least 1 week
in advance of the hearing. Any action by the council under this section
shall be subject to judicial review.
The council shall appoint the city clerk or some other qualified
person to serve as clerk of the council. The clerk shall keep a journal
of the council proceedings and record the minutes of every meeting.
The minutes of each meeting shall be signed by the officer presiding
at the meeting and by the clerk of the council.
The clerk of the council shall record all ordinances and resolutions
adopted by council and at the close of each year, with the advice
and assistance of the corporation counsel, shall bind, compile or
codify all the ordinances and resolutions, or true copies thereof,
of the city which then remain in force and effect. He shall also properly
index the record books, compilation or codification of ordinances
and resolutions.
The council shall act in relation to legislative matters by
ordinance. The enacting clause of all ordinances shall be: "Be It
Enacted by the Council of the City of Plainfield:"