[New]
All legislative power of the Township, except as provided by
law, shall be exercised by the Township Committee pursuant to law.
[New]
The Township Committee shall organize annually during the first
week in January, at which time it shall elect a Mayor from among its
members. The Mayor shall preside at meetings of the Township Committee
and perform such other duties as the Township Committee may prescribe.
In the absence or disability of the Mayor, the Deputy Mayor shall
act as Mayor.
[New]
Whenever a vacancy occurs in the membership of the governing
body, the vacancy shall be filled in accordance with the provisions
of the Municipal Vacancy Law, N.J.S.A. 40A:16-1 et seq. Every person
appointed by the Township Committee 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.
[New]
The Mayor shall have the power to appoint subcommittees of the
Township Committee with the consent of the Township Committee. He
shall sign and execute documents and agreements on behalf of the Township,
when authorized. He shall have the power to make proclamations concerning
holidays and events of interest in the Township. He shall exercise
the ceremonial power of the Township and every other power usually
exercised by township mayors or conferred upon him by law.
[New]
The Township Committee shall meet at such times and places as
are determined by the Township Committee all in accordance with the
requirements of the Open Public Meetings Act.
[New]
A special meeting may be called at any time upon written request
of a majority of the members of the Township Committee or by the Mayor.
The request and call for a special meeting shall specify the purpose
of the meeting and no business shall be transacted at any special
meeting other than that specified. The call for a special meeting
shall be filed with the Township Clerk and shall be served upon each
Committee member as provided by law and such other notice shall be
given as provided by law.
[New]
All regular and special meetings of the Township Committee shall
be open to the public. Notice of all meetings shall be given in accordance
with the requirements of the Open Public Meetings Law, C. 231, P.L.
1975.
[New]
Matters of procedure not covered in this Code or statute shall
be governed by the Bylaws of the Committee as the same have been adopted
or modified by resolution.
[New]
A majority of the whole number of members of the Township Committee
shall constitute a quorum. If a quorum is not present one-half (1/2)
hour after the appointed time for any meeting, the presiding officer
or the Township Clerk may declare the meeting adjourned.
[New]
The Township Committee shall elect, from among its members,
a Deputy Mayor. In the absence or disability of the Mayor, the Deputy
Mayor shall have all of the powers and duties of the Mayor.
[Added 5-20-2020 by Ord.
No. 2020-06]
Pursuant to N.J.S.A. 40A:5-17, the following procedure may be
followed for the payment of claims during the term of a state of local
disaster emergency proclaimed by the Township Emergency Management
Coordinator:
a.
Each
claim, payment of which is due before the next scheduled meeting of
the Township Committee, shall be reviewed and, if appropriate, approved
for payment by the members of the Finance Committee, who shall be
designated as the certifying and approval officers pursuant to N.J.S.A.
40A:5-17. No claim shall be approved unless it is accompanied by the
appropriate voucher signed by the vendor, together with any other
necessary supporting documentation.
b.
The
Finance Committee, in approving same, shall certify to the Township
Committee that the work that is the subject of the voucher has been
performed or the product has been approved by the Township and that,
based on information from the Chief Financial Officer, there are sufficient
funds for payment as well as legal authorization to pay same.
c.
As
long as the procedure set forth in this section is compliant, the
Township Committee shall ratify the payment of any approved claims
at its next meeting.
[Added 11-10-2021 by Ord. No. 2021-14]
[Added 11-10-2021 by Ord.
No. 2021-14]
This section shall apply to all members of the Frelinghuysen
Township Committee, and all candidates or prospective appointees for
the membership in the Frelinghuysen Township Committee.
[Added 11-10-2021 by Ord.
No. 2021-14]
a.
In addition to being a registered voter in the Township of Frelinghuysen at the time petitions of nomination are filed as required by New Jersey statute, candidates for membership in the Frelinghuysen Township Committee and prospective appointees must complete the Township of Frelinghuysen Candidate Affidavit Form with all required information, as set forth in this § 2-10, to verify their residency in the Township of Frelinghuysen. All of the information and requirements set forth in the Township of Frelinghuysen Candidate Affidavit Form must be current and valid as of the date of submission to the Clerk to receive certification to appear on the ballot and through election, or to be appointed, as applicable, and in order to assume office, unless a valid and eligible change of address is submitted to the Clerk.
b.
To ensure all new candidates and prospective appointees live in the
Township and to maintain the integrity of Frelinghuysen Township's
municipal elections, there is hereby created the Township of Frelinghuysen
Candidate Affidavit Form which must be completed by candidates and
to which must be attached certain documents as specified below. The
sole purpose of the submission is to serve as proof that the candidate
lives in the Township. All candidates must submit the Township of
Frelinghuysen Candidate Affidavit Form in the form prescribed herein
under penalty of perjury, signed by the candidate verifying that the
address on the documents is the candidate's primary residence.
c.
In addition to all other candidate qualifications requirements under
New Jersey law, including but not limited to having the candidate's
primary residence in the Township of Frelinghuysen, candidates and
prospective appointees must provide the following:
1.
Personal income tax returns for the last calendar preceding the year
of the municipal election for which the candidate or prospective appointee
seeks office, which may be redacted provided that information concerning
the candidate's residency or address shall not, under any circumstances,
be redacted.
2.
Bank statements and utility bills, including but not limited to cable,
phone, gas and electric, for the 12 months preceding the submission
of the affidavit showing the candidate's or prospective appointee's
permanent residence, which may be redacted provided that information
concerning the candidate's residency or address shall not, under any
circumstances, be redacted. If a candidate or prospective appointee
does not have bank statements or utility bills for their permanent
address to submit, they shall set forth that information on the Township
of Frelinghuysen Candidate Affidavit Form. In the event a utility
bill has not been generated, a letter from an authorized representative
of the utility provider stating that an account has been opened in
the candidate's or prospective appointee's name will suffice. If there
is an agreement with a landlord or other legal entity, as verified
by a rental contract or lease contract, that the landlord or other
legal entity will pay the bill and/or the utility bill, the candidate
or prospective appointee must submit that information on the Township
of Frelinghuysen Candidate Affidavit Form and attach an affidavit
signed by the landlord or the other legal entity's authorized legal
representative under penalty of perjury, verifying that the landlord
or other legal entity is responsible for paying the utility bill;
and
3.
Recorded deed or rental or lease agreement for the candidate's or
prospective appointee's permanent residence. If the candidate or prospective
appointee is not living in the permanent residence under a rental
or leasehold agreement, they shall set forth that information on the
Township of Frelinghuysen Candidate Affidavit Form and attach an affidavit,
in a form approved by the Clerk and the Township Attorney, from the
homeowner or authorized legal representative of the owner of the property
verifying that the candidate or prospective appointee is living at
the property as his or her primary residence.
4.
If the lease or rental agreement expiration date is prior to the
date that on which the candidate or prospective appointee would take
office, an updated lease or rental agreement shall be provided before
taking office.
5.
Proof of motor vehicle registration and insurance shall be provided
if any motor vehicles are registered to the candidate or prospective
appointee setting forth their permanent residence. In addition, proof
of a valid New Jersey driver's license showing their permanent residence
on the license must be consistent with the address shown on the nomination
papers. If the residence address on either the driver's license or
auto registration is in the process of being changed, the candidate
or prospective appointee must provide a document from the New Jersey
Motor Vehicle Commission verifying the change is in process. If a
candidate or prospective appointee does not own an automobile and
does not have a New Jersey driver's license, the candidate shall that
information on the Township of Frelinghuysen Candidate Affidavit Form
and submit another State of New Jersey issued identification showing
that the address on the identification document is consistent with
the address shown.
d.
The candidate's or prospective appointee's name and address must
be consistent with the information in the candidate's nomination or
appointment papers.
e.
The failure to provide any of the above-required documents on or
before the closing date to file nomination papers will disqualify
a candidate from being certified to appear on the ballot for membership
in the Frelinghuysen Township Committee, and will disqualify a prospective
appointee from being appointed.
f.
Willfully submitting false, forged or altered documents or coercing
or unduly influencing persons providing affidavit documents will disqualify
candidates and prospective appointees, in addition to any other available
legal remedy.
[Added 11-10-2021 by Ord.
No. 2021-14]
No earlier than the initial filing date for documents related to a candidate running for membership in the Frelinghuysen Township Committee, and no later than the closing date to file nomination papers, candidates are required to file all of the documents specified in § 2-10.2 with the Frelinghuysen Municipal Clerk's office for verification. No later than three calendar days from the last day to file petitions of nomination, the Municipal Clerk will review and verify that all required information is correct and meets the requirements of the Uniform Non-Partisan Election Law and the provisions of this § 2-10. Prospective appointees for membership in the Frelinghuysen Township Committee shall submit same prior to appointment. The Municipal Clerk will then do one of the following:
a.
If any deficiencies are discovered in the documents provided or certain
documents are missing, the Municipal Clerk's office will provide a
letter to the candidate or prospective appointee showing the specific
deficiencies or missing documents. The candidate or prospective appointee
will have three calendar days from the last day to file petitions
of nomination to correct the deficiencies and resubmit the required
documents for verification to the Municipal Clerk; or
b.
If the candidate or prospective appointee either fails to complete
verification of all of the requirements of this section within the
prescribed time limits, or the resubmitted documents do not meet the
requirements of the section, the Municipal Clerk's office will provide
a letter to them advising of the failure to meet the requirements
of this section and will not certify the candidate to appear on the
ballot, or in the case of a prospective appointee, will notice them
that they cannot be appointed; or
c.
If the resubmitted documents meet all the residency requirements
of this section, the Municipal Clerk's office will certify that the
residency requirements have been met and provide a letter to the candidate
prospective appointee advising of same.
[Added 11-10-2021 by Ord.
No. 2021-14]
All members of the Frelinghuysen Township Committee are required
to reside in the Township of Frelinghuysen during their entire term
in office. To ensure such residency, upon a majority vote of the Township
Committee, any member of the Township Committee may be required to
submit the following documents to the Municipal Clerk during any given
year in office:
a.
In the event that a member of the Township Committee moves to a new residence within, or outside of the Township after the filing of the previous affidavit, the member shall confirm the new district address within 30 days of moving, by providing the documents set forth at § 2-10.2 to the Municipal Clerk.
b.
Members who have not relocated since the information required by
this section was last provided, may comply with this article by supplying
a Township of Frelinghuysen Candidate Affidavit Form indicating that
they have not relocated, and all previously supplied information remains
true and correct.
[Added 11-10-2021 by Ord.
No. 2021-14]
a.
Willfully submitting false, forged, altered documents or coercing or unduly influencing persons providing affidavit documents shall disqualify a candidate and constitute a violation of law. Any candidate, prospective appointee or member of the Frelinghuysen Township Committee who fails to meet the requirements of this § 2-10 shall not be permitted to take or remain in office.
b.
Any claim that a provision of this § 2-10 has been violated by a candidate, prospective appointee or member of the Frelinghuysen Township Committee shall be submitted to the Township Attorney. The Township Attorney will review same, and may refer a complaint to the Warren County Prosecutor as appropriate. The Township may hire outside attorneys and/or investigators to investigate residency complaints and if sufficient evidence is found, may submit such information to be used in a determination of whether a candidate or prospective appointee shall be disqualified or a member of the Township Committee shall be removed by virtue of that seat being declared vacant pursuant to N.J.S.A. 40A:16-3.
