[1974 Code § 2-2]
Pursuant to the Charter (N.J.R.S. 40:69A-36 incorporated in
N.J.R.S. 40:69A-74[1]), the legislative power of the Township shall be exercised
by the Council.
[1]
Editor's Note: N.J.R.S. 40:69A-74 was repealed by P.L. 1981,
c. 465, § 44. For continuance of governance of a municipality
by a Mayor-Council Plan, see N.J.S.A. 40:69A-208.1.
[1974 Code § 2-3; Ord. #92-11 § 1; Ord.
#06-58]
a.
The Council shall at its first regular meeting in January of each
year elect a President of the Council from among its members, who
shall take office immediately and shall hold the office for a period
of one (1) year from that date or until his successor shall have been
duly elected. Notwithstanding any provision to the contrary, the person
so elected to serve as President of the Council shall not serve more
than two (2) consecutive terms.
b.
The President of the Council shall:
1.
Preside at the meetings of the Council.
2.
Preserve order and decorum at all meetings of the Council.
3.
State every question coming before the Council, announce the decisions
of the Council and decide all questions of order subject to appeal
to the Council.
4.
May vote on all questions, in which event his name shall be called
last.
5.
Shall appoint all special committees of the Council.
[1974 Code § 2-4; Ord. #06-58]
a.
At the same time prescribed by Subsection 2-2.3a for the election of the President of the Council, the Council shall elect a Vice-President of the Council, to serve until the election and qualification of his successor.
b.
The Vice-President of the Council shall have all of the functions,
powers and duties of the President of the Council whenever the President
may be absent.
c.
In the absence of both the President and Vice-President of the Council,
the Council shall elect a temporary presiding officer, who shall have
all the functions, powers and duties of the President during his absence.
[1974 Code § 2-5]
Pursuant to the charter (N.J.S.A. 40:69A-38 and 40:69A-179),
the Township Clerk shall serve as Clerk of the Council and he shall
keep a journal of its proceedings and record the minutes of every
meeting. He shall keep the minutes and records of the proceedings
of any Council committee upon request of the Chairman of the committee.
He shall have such other functions, powers and duties as are provided
by this chapter, other provisions of these Revised General Ordinances
and other ordinances of the Township.
[1974 Code § 2-6]
a.
Pursuant to the charter (N.J.S.A. 40:69A-37), the Council may, for
cause, remove any Township officer other than the Mayor or a member
of Council.
b.
Council shall consider a motion to remove for cause only after removal
has been duly proposed and considered at a meeting of the committee
of the whole.
c.
A motion for removal shall set forth the alleged cause for removal
making specific charges, and provide for notice and an opportunity
for the affected officer to be heard.
d.
The Township Clerk shall forthwith cause a copy of the motion for
removal, together with a statement of the causes and charges involved
and notice of the time and place fixed for hearing, to be served personally
or by registered or certified mail upon the officer affected.
e.
The hearing shall be held not less than ten (10) calendar days nor
more than thirty (30) calendar days after date of such service, and
may be adjourned from time to time. Such hearing shall be open to
the public, and the officer charged shall be entitled to be represented
by his own counsel.
[1974 Code § 2-7]
Pursuant to the Charter (N.J.S.A. 40:69A-37), the Council may,
in its discretion, require any Township officer to prepare and submit
sworn statements regarding his official duties and the performance
thereof; and the Council may otherwise investigate the conduct of
any Department, office or agency of the Township government.
[1974 Code § 2-8]
There shall be no standing committee of the Council other than
the Committee of the Whole. The President of the Council shall be
the presiding officer of the Committee of the Whole, and the rules
of procedure in the Council shall be observed in the Committee of
the Whole as far as the same may be applicable.
[1974 Code § 2-10]
a.
Nominations submitted by the Mayor shall be considered in Committee
of the Whole at an agenda conference and may be reported to the Council
at a regular meeting. Any member of the Council may move a nomination.
b.
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 shall consider such nominations in Committee
of the Whole which shall report to 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, and the nominee
receiving a majority shall be deemed appointed. Where there is more
than one (1) office to be filled, such as on a Board, Commission 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. 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 nominee included in the group.
[1974 Code § 2-11]
The Council shall cause to be made an annual audit of the Township's
accounts and financial transactions as required by law. Such annual
audit shall be made by a registered municipal accountant of New Jersey,
selected by the Council.
[1]
Editor's Note: For statutory requirement of an annual audit,
see N.J.S.A. 40A:5-4.
[1974 Code § 2-12; Ord. #92-36 § 1; Ord.
#97-88; Ord. #06-58; Ord. #10-82; amended 4-21-2020 by Ord. No. 20-29]
The Council shall conduct combined meetings (regular and work
session) twice a month, with the exception of the month of December,
when only one combined meeting will be held. The combined meetings
shall be held on Tuesday evenings commencing at 6:00 p.m. on dates
established by resolution of the Council. The combined meeting shall
run continuously from start to finish.
[1974 Code § 2-13]
a.
As provided by the Charter (N.J.S.A. 40:69A-179), the Mayor may,
and upon written request of a majority of the members of the Council
shall, call a special meeting of the Council. In the call he shall
designate the purpose of the special meeting and no other business
shall be considered at such meeting.
b.
The call for a special meeting shall be filed with the Township Clerk
during regular business hours at least forty-eight (48) hours before
the time for which the meeting is called. The Clerk shall forthwith
serve notice thereof upon each of the Councilmen by leaving a copy
of the call at their respective places of residence and by telephone
communication, if possible, at such place as each Councilman may in
writing designate. The Clerk shall also forthwith release copies of
the call to the press and post at least one (1) copy in a prominent
place near the entrance to the Clerk's office.
[1974 Code § 2-14]
All meetings of the Council shall be held in the Council Chambers
in the Municipal Building, except that in case of an emergency making
it impracticable to conduct the business of the Council at such chambers,
with respect to the physical conditions of the chambers or overcrowding
due to the number of people desiring to attend the meeting, the Council
upon such reasonable public notice as the circumstances permit, may
meet in, or adjourn a meeting to, any other public building.
[1974 Code § 2-15]
a.
As provided in the Charter (N.J.S.A. 40:69A-179), all meetings of
the Council shall be open to the public.
b.
In order to prepare for meetings, study matters before it, and gather
information, the Council may convene as a Committee of the Whole and
in informal conference, which need not be open to the public.
[1974 Code § 2-16; Ord. #92-11 § 2; Ord.
#06-58; Ord. #10-82]
All reports, communications, ordinances, resolutions, contract
document, or other matters to be submitted to the Council by the Administration
shall be delivered to the Township Clerk no later than 12:00 noon
on the Friday preceding the Council's combined meeting, except for
emergency matters which may be added to the agenda at any time with
the approval of not less than four (4) members of Council. Thereupon,
the Township Clerk shall immediately furnish a copy of the agenda
to each member of Council, the Mayor, Business Administration, and
the Director of each department as far in advance of the meeting time
or preparation will permit. The Clerk shall, upon request make available
for inspection copies for each agenda.
[1974 Code § 2-17]
a.
The President of the Council, or in his absence, the Vice-President,
shall take his chair precisely at the hour appointed for the meeting,
and shall immediately call the Council to order.
b.
In the absence of the President and Vice-President, the Clerk or
his assistant shall call the Council to order. Thereupon the members
of the Council present shall elect a temporary Chairman who shall
forthwith assume the chair and proceed with the meeting. The temporary
Chairman shall immediately relinquish the chair upon conclusion of
the particular business before the Council as soon as the President
or Vice-President is present.
[1974 Code § 2-18]
As soon as a meeting is called to order, the Clerk or his Deputy
shall call the roll of the members. The names of those present shall
be entered in the minutes.
[1974 Code § 2-19]
A majority of all the members elected to the Council shall constitute
a quorum at any regular or special meeting of the Council, but a lesser
number may adjourn any meeting.
Editor's Note: Although the Charter (N.J.S.A. 40:69A-180) states
that a majority of all the members of the Council shall constitute
a quorum, it also declares that no ordinance shall be adopted without
the affirmative vote of a majority of all the Council members.
[1974 Code § 2-20; Ord. #06-58]
The business of the Council at each regular meeting shall be
taken up for consideration and disposition in the following order:
[1974 Code § 2-21]
Unless a reading of the minutes of the previous meeting is requested
by a member of the Council, such minutes may be approved without a
reading if the Clerk has previously furnished each member with a copy
thereof.
[1974 Code § 2-22]
a.
Presiding Officer May Debate and Vote. 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 on all members and shall not be deprived of
any of the rights and privileges of a Councilman by reason of his
acting as the Presiding Officer.
b.
Getting the Floor; Improper References to be Avoided. Every member
desiring to speak shall address the chair, and, upon recognition by
the Presiding Officer, shall confine himself to the question under
debate, avoiding all personalities and indecorous language.
c.
Interruptions. A member, once recognized, shall not be interrupted
when speaking unless it is to call him to order, or as herein otherwise
provided. If a member, while speaking, is called to order, he shall
cease speaking until the question of order is determined, and, if
in order, he shall then be permitted to proceed.
d.
Privilege of Closing Debate. The Councilman moving the adoption of
an ordinance or resolution shall have the privilege of closing the
debate.
e.
Motion to Reconsider. A motion to reconsider any action taken by
the Council may be made only on the day such action was taken. It
may be made either immediately during the same session, or at a recessed
or adjourned session thereof. Such motion must be made by one (1)
of the prevailing side, but may be seconded by any member, and may
be made at any time and have precedence over all other motions or
while a member has the floor; and it shall be debatable. Nothing herein
shall be construed to prevent any member of the Council from making
or remaking the same or any other motion at a subsequent meeting of
the Council.
f.
Remarks of Councilman; When Entered in Minutes. A Councilman may
request, through the Presiding Officer, the privilege of having an
abstract of his statement on any subject under consideration by the
Council entered in the minutes. If the Council consents thereto, such
statement shall be entered in the minutes.
g.
Synopsis of Debate; When Entered in Minutes. The Clerk may be directed
by the Presiding Officer, with consent of the Council, to enter in
the minutes a synopsis of the discussion on any question coming regularly
before the Council.
h.
Motion to Adjourn. A motion to adjourn shall always be in order and
shall be decided without debate.
i.
Governing Rules in Matters Not Covered. Any matter not covered by
these rules shall be governed by Robert's Rules of Order (Revised).
[1974 Code § 2-23]
Unless a member of the Council states upon the call of the roll
that he is not voting, his silence shall be recorded as an affirmative
vote.
[1974 Code § 2-24; Ord. #2016-43; Ord. No. 2017-06]
a.
The President of the Council may request the Police Department to
designate a Police Officer to serve as Sergeant-at-Arms at Council
meetings.
b.
The Sergeant-at-Arms shall carry out all orders and instructions
given by the Presiding Officer for the purpose of maintaining order
and decorum at Council meetings. It shall be his duty to place any
person under arrest who violates the order and decorum of a meeting
and to cause him to be prosecuted under the provisions of this Code
upon a complaint signed by the Presiding Officer.
c.
Rules of Conduct.
1.
Definitions.
(a)
SPEAKER — Shall mean any citizen, making any remarks to
the Council or other individuals present at the Council Meeting, either
out of turn or during the public comment portion of the meeting.
(b)
UNPROTECTED SPEECH — Shall mean any speech inferring the
incitement of illegal activity and/or imminent violence, defamation
and libel, obscenity, threats and intimidation.
(c)
FIGHTING WORDS — Shall mean any speech that inflicts injury
or tends to incite an immediate breach of the peace.
(d)
DISRUPTIVE CONDUCT — Shall mean any conduct that incites
a breach of the peace or impedes and/or disrupts the efficient administration
of a Council Meeting.
2.
Rules of Conduct and Decorum.
(a)
All questions and remarks shall be through the Council President
or President Officer and members of the public shall not be permitted
to address, confront or argue with each other.
(b)
Any member of the public wishing to speak during the public
portion of the meeting shall be recognized by the Council President.
The chosen speaker shall proceed to the microphone in the area of
the room designated for public comment. Speakers are required to approach
the microphone one at a time, without creating a line, as to respect
each speaker's right to be free from disruption and/or interference.
Any speaker who wishes to be contacted by a Council member or other
government official in response to a specific inquiry or issue, should
provide their address and any other relevant contact information.
(c)
Each speaker shall have five (5) minutes to speak during the
public comment portion of the meeting. The five (5) minute time period
includes all verbal exchanges with the Council and Administration
representatives. Extra time will not be allocated for any rebuttal
or additional comments.
(d)
No person shall, at any time, engage in name calling or use
any vulgar or profane language, which creates a threat of disrupting
a Council Meeting.
(e)
No person shall engage in any disruptive conduct or any speech
that involves any type of "unprotected speech" or "fighting words"
that creates a threat of disrupting a Council Meeting.
(f)
No person is permitted to be boisterous, personally insulting,
physically or verbally threatening or slanderous, which creates a
threat of disrupting a Council Meeting.
(g)
Speakers are requested to address members of Council, Township
employees and other members of the public using the addressee's formal
name or title, if known by the speaker.
(h)
No person, either as a participant during the public portion
of a Council Meeting or as an attendee of the Council Meeting, shall
be permitted to speak while a member of Council, the Administration
or another individual that has been recognized by the Council President
is speaking.
(i)
Members of Council and Administration representatives reserve
the right to answer questions and respond to comments once the public
portion of the Council Meeting is closed.
(j)
If a speaker presents an inquiry or issue during the public
comment portion of the Council Meeting, the President of the Council
shall determine whether a response to the speaker's inquiry is warranted.
If it is determined that such a response is warranted, the President
of the Council reserves the right to personally respond or to direct
the inquiry or issue to the appropriate Administration representative,
Councilmember or any other public official that would be able to issue
a thorough and appropriate response.
(k)
A speaker in not entitled to demand an answer to their inquiries
from any specific members of Council, Administration representatives
or otherwise.
(l)
If a speaker wishes to approach the dais, the speaker must ask
for and receive the permission of the President of the Council. If
a speaker wishes to present an item to the Council, the speaker must
adhere to the directives of the Council President.
(m)
The President of Council or President Officer shall enforce
the Rules of Conduct and Decorum consistent with Robert's Rules of
Order.
A violation of these rules, resulting in the disruption of the
Council Meeting may result in the offender being removed from the
Council Chambers for the remainder of the meeting.
[Ord. No. 2017-06]
[Ord. #04-07; Ord. #07-27; Ord. #13-61 § 1]
The Township of Woodbridge (the "Township") shall videotape
all public meetings of the Woodbridge Township Municipal Council (the
"Council") and shall permit taping by the public of all Council meetings
and other meetings of Woodbridge Township public bodies (as defined
by the New Jersey Open Public Meetings Act, N.J.S.A. 10:4-8), in accordance
with the following rules and regulations:
a.
COUNCIL MEETING
COUNCIL PRESIDENT
MEETING
PUBLIC BODY
Definitions:
Shall mean a gathering of the members of the Township Council for the purpose of conducting a regular meeting (as defined in Subsection 2-3.1 of the Township Code), special meeting (as defined in Subsection 2-3.2 of the Township Code) or an agenda conference (as defined in Subsection 2-3.5 of the Township Code).
Shall mean the Council member elected from the members of the Township Council to serve as its President and to perform the duties enumerated in Subsection 2-2.3 of the Township Code, or such other member of Council as shall from time to time, in the absence of the Council President, be responsible for presiding at a Council meeting.
Shall mean and include any gathering whether corporeal or
by means of communication equipment, which is attended by, or open
to, all of the members of a public body, held with the intent, on
the part of the members of the body present, to discuss or act as
a unit upon the specific public business of that body. Meeting does
not mean or include any such gathering (1) attended by less than an
effective majority of the members of a public body, or (2) attended
by or open to all the members of three or more similar bodies at a
convention of similar gathering.
Shall mean a commission, authority, board, council, committee
or any other group of two (2) or more persons organized under the
laws of this State, and collectively empowered as a voting body to
perform a public governmental function affecting the rights, duties,
obligations, privileges, benefits, or other legal relations of any
person, or collectively authorized to spend public funds.
b.
Videotaping.
1.
From the perspective of the audience, the location of all videotaping
equipment shall be in the back left hand corner of the Council Chambers.
This shall not apply to the Township recording equipment, which shall
be located in the back of the Council chambers, in the center of the
room. If the meeting is held in a location other than the Council
Chambers, the Council President or the President of the Board in question
shall designate the location where those seeking to tape the Council
meeting shall occupy.
2.
The videotaping of the Council meeting and meetings of all public
bodies shall commence when the meeting is called to order by the Council
President or President of the public body and terminate when the meeting
is adjourned; except those portions of the meeting from which the
public is excluded (i.e. executive sessions) shall not be videotaped.
3.
The operator of the video camera shall in no way disrupt or interfere
with the meeting or interfere with the ability of other members of
the public to see, hear or participate in the meeting.
4.
Members of the public who wish to electronically record any meeting
shall supply their own source of power for their equipment. This shall
not apply to the official Township recording of the Council meeting.
5.
Under no circumstances will the use of any artificial lighting source
be permitted in connection with the electronic recording of any meeting.
6.
Members of the public who are taping the meeting and who wish to
address the Council or the appropriate board during the meeting shall
do so from the designated videotaping location.
c.
Photographing. Still photographs may be taken, subject to all restrictions
contained herein which govern the operation and/or use of video cameras
by members of the public.
d.
General.
1.
The Township's videotape shall be the official tape of Council proceedings
and the originals shall be the sole property of the Township.
2.
The general public, including the media, may, in accordance with
the Open Public Records Act, obtain a copy of the videotape within
seven (7) days of the Council meeting by submitting a request to the
Township Clerk and paying the required fee.
3.
The fee for a copy of the videotape shall be one ($1.00) dollar per
tape.
[1974 Code § 2-25]
All ordinances shall be introduced, read, heard and enacted
in the manner provided by general law.
Editor's Note: The Charter (N.J.S.A. 40:69A-180(a)) requires
an affirmative vote of a majority of all the members of the Council
in order to adopt an ordinance.
[1974 Code § 2-26]
a.
Preparation. All ordinances shall be prepared by the Department of
Law upon direction of the Council or the Mayor.
b.
Prior Submission to Business Administrator and Department Head. Prior
to introduction, each proposed ordinance requiring or permitting administrative
action may be submitted to the Business Administrator and the Department
Head concerned, each of whom shall submit to the Council an opinion
as to the administrative implications of the proposed ordinance or
resolution.
c.
Introduction by Any Member of the Council. An ordinance or resolution
may be introduced by any member of the Council.
[1974 Code § 2-27]
a.
Reference of Ordinances and Resolutions to Committee of the Whole.
After the first reading of an ordinance, it shall be referred to the
Committee of the Whole. Each resolution shall also be referred to
the Committee of the Whole upon its introduction unless the Council
shall provide for its immediate passage.
b.
Delivery to the Mayor. Each ordinance passed by the Council shall
be promptly delivered by the Clerk to the Mayor.
c.
Return of Ordinance to Clerk. Each ordinance shall be returned by
the Mayor to the Clerk after the Mayor has affixed his signature thereto
or after the expiration of ten (10) days from the date of its delivery
to the Mayor in any event.
d.
Effective Date of Ordinances; Exceptions. No ordinance other than
the local budget ordinance shall take effect less than twenty (20)
days after its final passage by the Council and approval by the Mayor
where such approval is required, unless the Council shall adopt a
resolution declaring an emergency and at least two-thirds (2/3) of
all members of the Council vote in favor of such resolution.
[1974 Code § 2-28; Ord. #06-58]
The Council shall reconsider any ordinance returned by the Mayor
without his approval, pursuant to the Charter. Such reconsideration
of the ordinance of any item or part thereof from which the Mayor
is constrained to withhold his approval shall be at the next meeting
of the Council which occurs not less than three (3) days following
the return of the ordinance by the Mayor.
Whenever an ordinance has been reconsidered by the Council following
a veto by the Mayor, the Clerk shall append to such ordinance a certification
of the action of the Council upon such reconsideration in substantially
the following form:
"I HEREBY CERTIFY that the above ordinance adopted by the Council
on _______ (insert date) was delivered to the Mayor on _______ (insert
date) and was returned to me on _______ (insert date), together with
the Mayor's statement of the reasons for which he was constrained
to withhold his approval of such ordinance, item or part thereof.
On reconsideration thereof on _______ (insert date), [the Council
duly resolved by the affirmative vote of two-thirds (2/3) of its members
to enact such ordinance, item or part thereof notwithstanding the
Mayor's veto] or [the Mayor's veto was sustained].
|
Dated:
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________________
Municipal Clerk"
|
[1974 Code § 2-29]
Whenever an ordinance shall take effect without the Mayor's
signature by reason of his failure to return it to the Council by
filing it with the Clerk within ten (10) days after it has been presented
to him, the Clerk shall append to such ordinance as engrossed a certificate
in substantially the following form:
"I HEREBY CERTIFY that the above ordinance was adopted by the
Council on the ________ day of ________ 19__ and was presented to
the Mayor duly certified on the day of, and, upon his failure to sign
it or to return and file it with the Clerk within ten (10) days thereafter,
the said ordinance took effect in like manner as if the Mayor had
signed it.
|
Date:
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________________
Clerk"
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