[New]
This chapter shall be known and may be cited as the "Administrative
Code of the Borough of Midland Park."
[New]
a.
Mayor. The Mayor shall be elected by the voters at large, shall serve
for a term of four (4) years and shall continue in office until his
successor is qualified.
b.
Organization of Borough Council. The Council shall consist of six
(6) members elected at large in the Borough, all of whom shall be
elected and take office in the manner provided by law. The terms of
office of the Mayor and Councilmen shall commence on January 1 next
following their election.
c.
Vacancies. Pursuant to the Borough law, a vacancy occurring in the
office of Mayor, whether by resignation or otherwise, shall be filled
by the Council until the next annual election and until the election
and qualification of a successor. At such next annual election, the
person elected to fill the vacancy shall be elected for the unexpired
term only. All vacancies in other elective offices shall be filled
by nomination by the Mayor and appointment by him, with the advice
and consent of the Council expressed by a vote of the majority of
the members of the Council present at the meeting, provided that at
least three (3) affirmative votes shall be required for such purpose,
the Mayor to have no vote thereon except in the case of a tie. All
appointments to fill vacancies on the Council shall be until January
1 following the next general election and the person appointed shall
be of the same political party as the person vacating the seat. If
such vacancies shall occur at so short a period of time before the
next annual election that the office cannot be filled at such election,
the vacancy shall be filled in the same manner as though the same
had occurred immediately after the election and the vacancy shall
be filled at the next subsequent annual election for such portion
of the term, if any, as may still remain unexpired. At such next annual
election, the person elected to fill the vacancy shall be elected
for the unexpired term only.
[New]
The Borough Council shall meet for organization at 12:00 noon
on January 1 or at some other hour on any day during the first week
in January; provided, however, that should January 1 fall on Sunday
and no other time for the meeting has been fixed, the meeting shall
fall on the following day following each general election.
Thereafter, the Council shall meet regularly within the Borough
at such times and places as provided by resolution. The Mayor shall,
when necessary, call special meetings of the Council. In case of his
neglect or refusal, any four (4) members of the Council may call such
meetings at such time and place in the Borough as they may designate
and, in all cases of special meetings, notice shall be given to all
members of the Council or left at their places of residence. Three
(3) Councilmen and the Mayor or, in the absence of the Mayor, four
(4) Councilmen, shall constitute a quorum for the transaction of business;
but a smaller number may meet and adjourn.
[New]
The Mayor shall preside over all meetings of the Borough Council
but shall not vote except to give the deciding vote in case of a tie.
The Mayor shall nominate and, with the advice and consent of the Council,
appoint all officers in the Borough. No appointments shall be made
except by the vote of a majority of the members of the Council present
at the meeting, provided that at least three (3) affirmative votes
shall be required for such purpose, the Mayor to have no vote except
in case of a tie. Vacancies in appointive offices shall be filled
by appointment in the same manner for the unexpired term only. The
Mayor shall make nomination to fill a vacancy within thirty (30) days
after the appointive office becomes vacant. If the Mayor fails to
nominate within thirty (30) days or the Council fails to confirm any
nomination made by the Mayor, then after the expiration of the thirty
(30) days, the Council shall appoint the officer.
[New]
At the annual meeting the Borough Council, by a majority vote,
shall elect from their number a President of the Council who shall
preside at all of its meetings when the Mayor does not preside. The
President of the Council shall hold office for one (1) year and until
the next annual meeting. He shall have the right to debate and vote
on all questions before the Council. If the Council at its annual
meetings fails to elect a President, the Mayor shall appoint the President
from the Council and in that case, no confirmation by the Council
shall be necessary. If 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 his
absence or inability. The Mayor, in case of his intended absence from
the Borough for more than three (3) days at any one (1) time, shall
notify the President in writing of his intended absence, whereupon
the President shall act as mayor from the receipt of notice and continue
to act until the Mayor's return.
