[Ord. No. 7-05 A I]
There is hereby established an Administrative Code for the Borough of Peapack and Gladstone. The Council may by Resolution adopt Rules of Procedure not inconsistent with this Code, Statutory law or other Borough ordinance.
[Ord. No. 705 A II]
The Mayor and six (6) Borough Councilpersons shall constitute the Governing Body of the Borough and shall govern the Borough in accordance with national, State and local laws and the ordinances and resolutions of the Borough.
[Ord. No. 705 A III]
a. 
The elected officers of the Borough shall be the Mayor and six (6) Borough Councilpersons.
b. 
The term of office of the Mayor is four (4) years and until a successor qualifies.
c. 
The term of office of each Councilperson is three (3) years and until a successor qualifies. The terms of Councilpersons are designed in order that the terms of two (2) Council persons shall expire at the end of each year.
d. 
Except as otherwise provided by law, the terms of office of all elected officers shall commence at 12:00 noon on January 1 next succeeding their election and, except as otherwise provided by law, shall terminate at 12:00 noon on the last day of their term.
[Ord. No. 705 A IV]
a. 
The Governing Body shall appoint a Borough Clerk. The Mayor shall appoint, with the advice and consent of the Council, a Borough Chief Financial Officer, Borough Attorney, Borough Engineer, Borough Administrator, Borough Building Inspector, Borough Tax Collector, Borough Tax Assessor, and such other officers as the Council may deem necessary.
b. 
No appointment shall be made except by the vote of a majority of the Councilpersons present at the meeting, provided that at least three (3) affirmative votes shall be required for such purpose, and the Mayor is to vote thereon only in the case of a tie.
c. 
Unless a different term is specified by State law or otherwise provided by law, the above appointed officers shall hold office during the pleasure of the Council for a term of one (1) year unless sooner removed.
d. 
No appointed officer shall be removed from office without being afforded an opportunity to be heard by the Governing Body.
e. 
In the event the Mayor does not make a nomination to fill an appointed office established under N.J.S.A. 40:9-133 through 175 within a period of thirty (30) days after the office becomes vacant, or in the event the Council fails to confirm any nomination as required above, then upon the expiration of the thirty (30) day period, the Council shall appoint said officers by a majority vote of the Council, provided at least three (3) affirmative votes are cast with the Mayor to vote only in the case of a tie.
f. 
The terms of office of all officers appointed by the Mayor or by the Governing Body, except to fill vacancies, as set forth in Section 2-5, shall commence on January 1 of the year in which they are appointed and continue for the terms prescribed by law, except the term of office of the Tax Assessor shall commence on July 1 next following appointment and continue for the prescribed number of years.
g. 
No appointment of any officer shall be made by the Mayor or by the Governing Body where the term of the office is to commence after the expiration of the term of the officer making the appointment or of any member of the Governing Body.
[Ord. No. 705 A V]
a. 
A vacancy occurring in the office of the Mayor or any member of the Council shall be filled in the manner provided by the "Municipal Vacancy Law," N.J.S.A. 40A:16-1, et seq.
b. 
The Mayor shall be permitted to vote to fill a vacancy in the membership of the Council only in case of a tie vote.
c. 
The office of the Mayor or any member of the Council shall be deemed vacant:
1. 
Upon its being so declared by virtue of a judicial determination;
2. 
Upon the death of the Mayor or any member of the Council;
3. 
Upon a determination of the other members of the Council that the Mayor or any member of the Council no longer resides within the corporate limits of the Borough;
4. 
Upon the refusal of the Mayor or any member of the Council to qualify or serve;
5. 
Upon a judicial determination that the Mayor or any member of the Council shall have become physically incapable of serving;
6. 
Upon the filing of a written resignation with the Borough Clerk by the Mayor or any member of the Council;
7. 
Whenever the Mayor or any member of the Council fails to attend and participate in any meetings of the Council for a period of eight (8) consecutive weeks without being excused from attendance by a majority of the members of the Council at the conclusion of such period; provided, however, that the Council may refuse to excuse only with respect to those failures to attend or participate which are not due to legitimate illness; or
8. 
Upon a determination that the office comes within the purview of N.J.S.A. 19:3-25.
[Ord. No. 705 A V]
a. 
The office of any person appointed to a specified term of the Governing Body, Council or the Mayor, including persons appointed to any board, committee, commission, authority or other agency, shall be deemed vacant:
1. 
Upon its being so declared by judicial determination;
2. 
Upon the filing by such officer of his or her written resignation;
3. 
Upon the refusal of a person designated for appointment to such office to qualify or serve;
4. 
Upon the determination of the appointing authority that such officer shall have become physically or mentally incapable of serving;
5. 
Upon the death of such officer;
6. 
Upon the determination of the appointing authority that, in violation of a lawful residency requirement, such officer no longer resides within the corporate limits of the Borough;
7. 
In the case of a member of a board, committee, commission, authority or other agency, whenever the member, without being excused by a majority of the authorized members of such body, fails to attend and participate at meetings of such body for a period of eight (8) consecutive weeks, or for four (4) consecutive regular meetings, whichever shall be of longer duration, at the conclusion of such period, provided that such body shall notify the appointing authority in writing of such determination and obtain the consent of such appointing authority to the removal; provided, further, that such board, committee, commission, authority or other agency may refuse to excuse only with respect to those failures to attend and participate which are not due to legitimate illness;
8. 
Upon the removal of such officer for cause in accordance with law, or for any other reason prescribed by law.
b. 
Whenever any of the events of paragraph a above shall occur, the appointing authority shall fill the office for the unexpired term in the manner prescribed by law, provided that in the case of paragraph a3 above, such office shall not be deemed vacant if the incumbent officer is authorized by law to continue in such office until a successor is appointed and qualifies therefor.
[Ord. No. 705 A VI]
The Mayor:
a. 
Is designated as the Chief Executive of the Borough and shall exercise his or her authority in that regard wherever reference is made to that designation in official Borough documents or as provided by law.
b. 
Is subject to the provisions of subsection 2-8.1, together with the six (6) elected Councilpersons, a member of the Governing Body of the Borough.
c. 
Is responsible for the faithful execution of the laws of the State and ordinances of the Borough.
d. 
Shall preside over Council meetings.
e. 
Shall decide all questions of order without debate, subject to an appeal to, and decision by, the Council and may call upon the Council for the opinion of the Council upon any question of order.
f. 
Shall on all occasions preserve order and decorum.
g. 
Shall decide which Councilperson is entitled to the floor when two (2) or more Councilpersons rise at the same time.
h. 
Shall not have a vote on Council matters except in the event of a tie.
i. 
Shall temporarily assume those emergency powers, unless otherwise provided by law or local ordinance, in dealing with any critical situation that in his or her judgment threatens the health and/or safety of the residents of the Borough; provided that it would be impractical to convene or consult with the other members of the Council during the emergency. In such instance, the other members of the Council shall be informed as soon as possible of the nature of the emergency, the actions taken, and the present status. The emergency powers referred to herein shall lapse upon the termination of the emergency, or upon the convening of the Council.
j. 
Shall, at his or her option, represent the Borough in any ceremonial activities to which the Borough is invited. In the event that he or she is unable to so represent the Borough, he or she may request that a member of the Council attend in his or her stead.
k. 
Shall be a member of the Planning Board (Class I member).
l. 
Shall nominate and appoint, only with the advice and consent of the Council, the members of the following boards and bodies:
1. 
Planning Board: seven (7) of the nine (9) members, in accordance with the requirements of local ordinance and N.J.S.A. 40:55D-23.
2. 
Recreation Commission: all of its members, in accordance with the requirements of local ordinance and N.J.S.A. 40:12-1.
3. 
Environmental Commission: five (5) members in accordance with the requirements of local ordinance and N.J.S.A. 40:56A-1.
4. 
Board of Health: all seven (7) members, in accordance with the requirements of N.J.S.A. 26:3-1 and N.J.S.A. 26:3-5.
5. 
Local Assistance Commission: all three (3) members, in accordance with the requirements of N.J.S.A. 44:8-115.
6. 
Board of Adjustment: all seven (7) members, in accordance with the requirements of local ordinance and N.J.S.A. 40:55D-69.
7. 
Any other boards and bodies where the Mayor may appoint, with the advice and consent of the Council, the members as provided by State law or local ordinance.
m. 
Shall appoint, with the advice and consent of the Council, those officers set forth in Section 2-4a.
n. 
Has veto powers over ordinances and over resolutions related to finances which veto power must be exercised within ten (10) days from the receipt of same (Sundays excepted) in accordance with N.J.S.A. 40A:60-5(d) and which veto may be overridden by a two-thirds (2/3) vote of the entire Council. [Also see Section 2-11]
o. 
Shall serve as liaison between the Governing Body and all boards, committees, agencies or organizations except as herein assigned to a specific Council committee or member for liaison purposes.
[Ord. No. 705 A VII; Ord. No. 801; Ord. No. 980 § 2]
The Council shall:
a. 
Have the sole legislative power in the Borough, except for those specific legislative powers delegated to the Board of Health or other authorities by applicable law.
b. 
Develop and review as needed, governmental policies directed toward insuring the health, safety and welfare and equality of treatment of the residents of the Borough and shall do so under its legislative authority by ordinance, or where permitted by law, resolution or policy memoranda. The Council is the sole policy-making body of the Borough. Any policy-making authority not expressly delegated by statute, ordinance or act of the Council is reserved to the Council.
c. 
Directly, or through delegation of its authority, indirectly oversee the administration and operation of the Borough government and all its agencies and facilities through an organizational structure detailed in Section 2-8. Any authority not expressly delegated by statute, ordinance or act of the Council is reserved to the Council.
d. 
Appoint one (1) of its members to the Land Use Board (Class III member).
e. 
Have the authority to confirm or deny all mayoral appointments, including, but not limited to those detailed in Section 2-4, paragraphs a to c and Section 2-6, paragraphs l and m in this section.
f. 
Reserved.
g. 
Appoint one (1) of its members as liaison between the Governing Body and the Recreation Commission.
h. 
Have the authority to confirm or deny the recommendations of the Mayor regarding assignment of members of the Borough Council to the standing committees of the Borough Council. If the Borough Council denies the recommendations of the Mayor by a majority vote, then the Borough Council will make the committee assignments by motion and vote of a majority of the Borough Council.
i. 
Have such further powers as are established by statutory law.
[Ord. No. 705 A VIII § 1]
The Mayor and the six (6) Councilpersons shall constitute the Mayor and Borough Council with the Mayor presiding over meetings; however, the Mayor is not to be counted as a member of the Council except to constitute a quorum and to break a tie vote and as otherwise specifically provided by statute.
[Ord. No. 705 A VIII § 2]
The Council by majority vote at the organizational meeting shall elect from its number a President who shall preside over all its meetings when the Mayor is not present or for other reasons cannot so preside and who shall hold office for one (1) year. The President of the Council has the right to debate all matters and vote on all questions before the Council. In the event the Council fails to elect a President at the organizational meeting or adjourned organizational meeting, the Mayor shall appoint a President from the Council without any further confirmation. In the event the Mayor is absent from the Borough for a period of three (3) days or for any reason is unable to act, the President of the Council shall perform all the duties of the Mayor during such absence or inability. The Mayor, in case of his or her intended absence from the Borough for more than three (3) days at any one (1) time, shall notify the President in writing of such intended absence, whereupon the President shall be and become acting Mayor from the receipt of such notice and continue to act until the Mayor's return. In case of the temporary inability of the President of the Council to so act, the member of the Council having the longest term of service as such may act temporarily for the President to the Council.
[Ord. No. 705 A IX § 1]
The Mayor and Council shall hold an annual organizational meeting within the first seven (7) days of January of each year, on a date determined by the prior year's Council, at which time they shall make appointments in accordance with Section 2-6 paragraph l and m and Section 2-7, paragraphs d e, and f.
[Ord. No. 705 A IX § 2]
The Mayor may call special meetings of the Council, or any four (4) members of the Council may call such meetings, upon proper notice to the Mayor and all members of the Council and to the public in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-6, et seq.
[Ord. No. 705 A IX § 3]
Three (3) Councilpersons and the Mayor, or in the absence of the Mayor, four (4) Councilpersons, constitute, a quorum for the transaction of business, but a smaller number may meet and adjourn from time to time.
[Ord. No. 705 A IX § 4]
The time and place for holding regular meetings of the Council shall be fixed at the annual organizational meeting, which time and place shall not be changed except by a resolution introduced at a regular meeting and acted upon at a subsequent meeting. If the set date for the regular meeting coincides with a legal holiday, a new date will be selected and timely notice be given to the public in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-6, et seq.
[Ord. No. 705 A IX § 5]
In the event a special meeting is called as in subsection 2-9.2 above, proper notice to all Council members and the Mayor shall be in writing, whenever practicable, addressed and delivered to the Mayor and each member of the Council, and shall state the purpose for the special meeting and the time and place when it shall be held. Except in cases of emergency or to preclude substantial harm to the public interest, such meeting shall be valid only if it is held no sooner than three (3) days from the date of postmark or hand delivery of the notice. If such a meeting is announced during a regular public meeting, then the requirement for service shall be deemed to have been fulfilled provided any absent member is notified as above. The requirements of this subsection shall not apply to any meeting which is held as a continuation of a regular public meeting, provided public announcement is made at the time of such meeting and scheduled by the terms of the motion of adjournment of the meeting.
[Ord. No. 705 A IX § 6]
Adjourned meetings shall be regarded as a continuation of a regular public meeting, but shall require notification provisions as for special meetings.
[Ord. No. 705 A X; Ord. No. 1005-2015]
a. 
Robert's Rules of Order. (Bantam Edition, November 1986) is hereby designated as the Parliamentary Authority and shall govern the deliberations of the Governing Body in all cases to which the rules contained therein are applicable and in which they are not inconsistent with State law, local ordinance, or any special rules of order that the Governing Body may adopt.
b. 
The above stated rules of parliamentary procedures shall apply to:
1. 
Organizational meeting;
2. 
Special meetings;
3. 
Regular public meetings;
4. 
Adjourned meetings.
c. 
Committee meetings shall be conducted according to their own rules and presided over by a Chairperson. Such committees shall have no authority to introduce or pass ordinances or Council policy memoranda.
d. 
Whenever any State statute or local ordinance prescribes a specific procedure for the transaction of any business, that specific procedure shall control.
e. 
Any unresolved questions on parliamentary procedure that arise in connection with the conduct of meetings under paragraph a above, shall be referred by the presiding officer to the Borough Attorney.
f. 
The order of business at regular public meetings of the Council shall be as follows:
1. 
Call meeting to order;
2. 
Adequate Notice Statement by Borough Clerk;
3. 
Salute to the Flag;
4. 
Calling the Roll;
5. 
Approval of minutes of prior meetings;
6. 
Petitions and Communications;
7. 
Public Hearings—Final reading and action on ordinances;
8. 
Presentation and Consideration of Ordinances;
9. 
Public Comment on Non-Agenda Items;
10. 
Reports of Borough Officers;
11. 
Reports of Committees;
12. 
Miscellaneous Business;
13. 
Public Comments;
14. 
Auditing of Claims;
15. 
Adjournment.
g. 
The above order of business may be altered for any single regular public meeting upon motion made and duly adopted at the meeting by a majority vote of those Council members present.
h. 
The order of business for special or adjourned meetings may be individually set to suit the specific needs of such meetings, provided that the public shall always have at least one opportunity to be heard.
i. 
Except as otherwise provided by State law, local ordinance or resolution, or the Parliamentary Authority, all actions of the Council shall be by a majority vote of those Council members present.
j. 
When one (1) or more Councilpersons shall call for the ayes and nays upon any question before the Council, they shall be ordered by the Mayor and entered upon the minutes. Every Councilperson shall vote when his or her name is called by the Clerk, unless excused by a majority of the Council members present.
[Ord. No. 705 A XI]
a. 
All ordinances shall be introduced in written form by a Councilperson at a meeting of the Council by resolution for consideration on first reading. Proposed ordinances should be delivered to the Borough Clerk, not less than seven (7) days before the date of proposed introduction.
b. 
Unless a different procedure is provided by statutory law, ordinances after being introduced on first reading, which first reading may be by title, shall be published and notice given according to law, and a date shall be fixed for a second reading, public hearing, and final or other action. Final passage thereof shall be at least ten (10) days after due publication and notice.
c. 
At the time and place stated in the publication, or at any time and place to which the meeting for the further consideration of the ordinance shall from time to time be adjourned, all persons interested shall be given an opportunity to be heard concerning the ordinance, which shall include the right to ask pertinent questions concerning the ordinance, by any resident of the Borough or any other person affected by the ordinance.
d. 
Subsequent to publication, second reading, which reading may be by title, and public hearing, the ordinance may be passed with or without amendments, or rejected. If any amendment be adopted which, in the opinion of the Governing Body on the advice of the Borough Attorney, substantially alters the substance of the ordinance, the ordinance as so amended shall not be finally adopted until at least one (week) thereafter, and the ordinance as amended shall be read and published as in the manner provided by law.
e. 
Except as otherwise provided by law, no ordinance shall be finally adopted unless by a vote of a majority of the members of the Council present at the meeting, provided at least three (3) affirmative votes are cast, and the Mayor is to have no vote thereon except in the case of a tie.
f. 
After the passage of each ordinance, it must be presented to the Mayor within a period of ten (10) days, Sundays excepted, for his or her approval. If an ordinance is approved by the Mayor, he or she shall sign and file it with the Borough Clerk.
g. 
The Mayor, may disapprove the ordinance and return it to the Borough Clerk within ten (10) days, Sundays excepted, after its receipt by him or her with his or her written objections, and the Council shall at its next meeting cause the objections to be entered at length on its minutes and proceed to reconsider the ordinance. If two-thirds (2/3) of the entire Council shall at the next meeting as aforesaid, or at any subsequent meeting to which they shall postpone such reconsideration, vote to pass the ordinance or the vetoed part thereof over the veto of the Mayor, the ordinance shall take effect.
h. 
In the event an ordinance is not returned by the Mayor within the period of ten (10) days as aforesaid, it shall take effect as it if had been approved.
i. 
After the ordinance is approved, or effectively approved, or passed over the Mayor's veto, every ordinance shall be recorded in full by the Borough Clerk in a proper book to be kept for that purpose as provided by law.
j. 
Ordinances that are subject to review and recommendation of the Planning Board may formally be referred to such board prior to introduction.
Former Section 2-12, Standards of Conduct, previously codified herein and containing portions of Ordinance Nos. 705, 838, 929 and 958, was repealed in its entirety by Ordinance No. 990.
[Ord. No. 705 A XIII]
a. 
The Administrative Code shall be reviewed at each annual organizational meeting.
b. 
The Borough Attorney shall be responsible for interpreting, and the presiding officer, subject to review by the Council, shall be responsible for ensuring adherence to, the Administrative Code.
c. 
To the extent that the Administrative Code is inconsistent with State Statute, the Statute is deemed to be controlling.
d. 
The Administrative Code shall take effect upon final adoption and publication according to law.