[1974 Code § 2-8]
The Township Council is the legislative branch of the Township's
government. By the Charter it is the responsibility of the Township
Council to enact legislative programs, policies and improvements,
which the executive branch shall enforce or carry out. It is also
the responsibility of the Township Council to establish and regulate
sound financial policies and controls. The Township Council shall
review and approve the Township's budget and it shall review and approve
all expenditures. To properly acquaint its members with conditions
present in the Township, the Council is given broad investigatory
powers. It may summon government officials before it to give reports
and provide information. In appropriate situations, the Council may
remove public officers. The Council's function is to provide a legislative
branch to the Township's government coequal to the executive branch
headed by the Mayor.
[1974 Code § 2-13; Ord. No. 00-1-OAB § 1; Ord. No. 2016-03-OAB § 1]
a.
Election and Term. Members of the Township Council shall be elected
at the General Election held on the first Tuesday in November in the
years in which municipal officers are to be elected. Three Council
members shall be elected at large, and one Council member shall be
elected from each of four wards. The terms for the Council members
at large shall be four years, and the initial term for Council members
elected from the wards shall be two years; thereafter the term shall
be four years.
b.
Qualifications. All Council members, elected officials of the Township,
shall reside within the Township. Removal from the Township shall
terminate a Councilman's term of office. A Council member elected
from any particular ward shall reside within that ward, and removal
from that ward shall terminate his term of office.
c.
Compensation. The Township Council's compensation shall be fixed
by ordinance and as set by resolution in accordance with the authority
delineated within N.J.S.A. 40:69A-180.
d.
Vacancies. Until the qualification of a person pursuant to the applicable
Statutes, any vacancy in elected office shall be filled temporarily
by the Township Council.
[1974 Code § 2-14]
a.
Meetings. Each Township Council member shall have the duty of attending
all meetings of the Township Council except where good cause is shown.
b.
Legislative Power. The Township Council, as the legislative branch
of Township Government, is the repository for all the Township's legislative
power, subject to the approval of the Mayor and the right of certain
independent boards to legislate. This power shall be exercised through
the passage of motions, resolutions and ordinances. To determine what
legislation is appropriate, the Council has at its disposal investigatory
powers as elsewhere provided in this chapter.
c.
Investigatory Power. Pursuant to N.J.S.A. 40:69A-37 and N.J.S.A.
40:48-25, the Council shall have the power to investigate the operation
of Township affairs in order to inform the Council on how current
legislation is operating, what changes are called for in legislation
and what new legislation is required. The investigatory power is also
to be used in exercising the financial control function given to Council
under N.J.S.A. 40:69A-48. Council, before removing a public officer,
may deem it appropriate to cause an investigation to occur using the
power heretofore recited.
d.
Reports and Appearances. In the furtherance of its other powers,
Council may require:
1.
Reports: any municipal officer to prepare either sworn or unsworn
statements regarding his official duties and the performance thereof.
2.
Appearance: any municipal officer to appear before it or any committee
of the Council to report or answer questions concerning conditions
existing within the Township.
e.
Removal. The Township Council may, by a 2/3 majority vote of the
whole membership of Council, remove any municipal officer, other than
the Mayor or any member of Council, for cause, upon notice and an
opportunity to be heard. The term "cause" shall include, but not be
limited to, the following:
1.
Neglect of duty.
2.
Incompetency or inefficiency.
3.
Incapacity due to mental or physical disability.
4.
Insubordination or serious breach of discipline.
5.
Intoxication while on duty.
6.
Misuse or unauthorized use of authority.
7.
Chronic or excessive absenteeism.
8.
Failure to cooperate with superior or subordinate officers or employees
to the detriment of the overall operation of the Township government.
9.
Disorderly or immoral conduct.
10.
Willful violation of any of the provisions of any Township ordinance,
Township Charter or applicable State, Federal or local administrative
rule or regulation.
11.
The conviction of any criminal act or offense.
12.
Lack of professional skill, discretion or attitude.
13.
Negligence of or willful damage to public property or waste of public
supplies.
14.
Conduct unbecoming an employee in the public service.
15.
Irreconcilable differences of opinion on the question of policy between
the Council and the professional staff employed by the Township.
f.
Financial Control. Pursuant to N.J.S.A. 40:69A-48, the Council shall
exercise financial control over the affairs of the Township. The Council
shall, by resolution, annually act on the budget presented by the
Mayor in accordance with the procedures set forth under N.J.S.A. 40:69A-46
and N.J.S.A. 40A:4-1 et seq. The Council shall, pursuant to N.J.S.A.
40A:5-17, approve or disapprove all claims and by this resolution
shall prescribe the manner in which claims shall be recorded in the
minutes of the Council's meetings or be otherwise recorded in a manner
approved by the Director of the Division of Local Finance under N.J.S.A.
40A:5-18. Through the exercise of the duties heretofore provided or
which may additionally be set forth by Statute, Council shall be directly
responsible for the fiscal affairs of the Township. In exercise of
this duty, the Township Council may periodically investigate aspects
of the Township government to determine whether proper financial management
has occurred.
g.
Advice and Consent.
1.
The Council shall, with due diligence, offer its advice and consent
to the nominations of the Mayor where such consent and advice is required
by provisions of ordinance, Statute or Charter. Nominations shall
be submitted by the Mayor to the Council at a regular meeting and
may be considered by the Council at an executive session. Formal action
to accept or reject a nomination shall be at a regular meeting. In
the event that the Council has not confirmed or rejected a nominee
proposed by the Mayor within 45 days from the submission of the nominee's
name to Council at a regular meeting, the nomination shall be deemed
rejected. The Council, in the exercise of its investigatory powers,
may cause any nominee to appear before the Township Council to ask
questions concerning his general qualifications for the position for
which he has been nominated. The Council shall exercise good faith
in considering any of the Mayor's nominations.
2.
In the event that a nominee by the Mayor has been rejected by Council,
the Mayor shall forthwith and with due diligence submit a new nominee
to the Council.
[1974 Code § 2-14H]
The Council shall make the following appointments:
a.
Township Auditor.
1.
The Township Council, pursuant to N.J.S.A. 40A:5-4, shall appoint
the Township Auditor for a term of one year. This shall be in accordance
with the Council's responsibility to make an annual audit of the municipality's
accounts and financial transactions as required by law. Such Auditor
shall be a registered municipal accountant of the State of New Jersey.
The Council shall take into consideration in arriving at the selection
of the Auditor his knowledge and experience in the field. The Auditor
shall advise the Mayor and Council on all procedures needed to follow
the requirements of the Division of Local Finance. The Auditor shall
periodically report on the financial condition of the Township and
make recommendations as to practices, procedures and records which
may assist in maintaining financial control within the community.
The Auditor shall make recommendations on the budget and budgetary
procedures and advise on investment programs and policies and generally
render advice on matters which the Auditor deems appropriate. The
Auditor shall periodically review the financial practices and procedures
followed by the Township departments, independent boards and agencies
of the Township Government charged with handling of funds and recommend
to the Mayor and Council action which will assure that proper accounting
principles are employed in the Township.
2.
The Auditor shall prepare such financial statements, debt statements
and other financial records which the Council shall require to properly
carry out its duties. The Auditor, when requested by Council, shall
testify on behalf of the Township in hearings held on the budget,
extensions of credit and such other matters as the Council shall deem
appropriate. The Auditor shall also perform such additional duties
and render such additional services as the Council, by resolution
or ordinance, shall prescribe. The Council shall provide for compensation
of the Auditor.
b.
Planning Board. The Township Council shall, pursuant to the provisions
of the Municipal Land Use Act, appoint the Class III member to the
Planning Board.
c.
Zoning Board of Adjustment. The Township Council shall, pursuant
to the Municipal Land Use Act, appoint all members of the Zoning Board
of Adjustment and all alternates.
d.
Sewerage Authority. The Township Council shall, in accordance with
N.J.S.A. 40:14A-4(n), appoint all members of the Sewerage Authority.
e.
Municipal Clerk. The Township Council, pursuant to N.J.S.A. 40:69A-38,
shall appoint the Township Clerk.
f.
Others. Where provisions of State law, Township ordinance or Municipal
Charter shall provide for the filling of any appointments of the Township
Council, Council shall, in exercising its discretion, promptly fill
the position.
[1974 Code § 2-15]
a.
As specified hereinbefore, the Township Council may, for cause, remove
any municipal officer other than Mayor or Council member.
b.
Council will consider a resolution to remove for cause only after
removal has been fully proposed and considered at an executive caucus
with the party to be removed having been given an opportunity to attend
and having been advised that there are charges pending against him.
c.
A resolution for removal shall set forth the alleged cause for removal,
making specific charges, and provide for a notice and an opportunity
to be heard to the affected party. The Clerk shall forthwith cause
a copy of the resolution for removal, together with a statement of
the causes and charges involved, and a notice of the time and place
fixed for hearing, to be served personally or by certified mail upon
the officer affected. A hearing shall be held not less than 10 days
nor more than 21 days after the date of service and may be adjourned
from time to time. The hearing shall be open to the public, and the
officer charged shall be entitled to be represented by his own counsel.
Following the conclusion of the hearing, the Chairman shall call for
a vote on the resolution for removal. The resolution of removal requires
a 2/3 majority vote of the whole membership of the Council to be adopted.
[1974 Code § 2-16]
a.
Committee Organization, Membership and Term.
1.
Committees. Committees of the Township Council shall be composed
of three members of the Township Council appointed by the President
of Council at the annual reorganization meeting for the term of one
year.
2.
Chairman designated. At the annual reorganization meeting, the President
of Council, when he appoints the committees of the Township Council,
shall choose one of the three members appointed to the committee as
Chairman of the committee. The Chairman of the committee shall be
the chief officer of the committee and will be responsible for its
efficient operation in carrying out its duties.
b.
Permanent Standing Committees Established. There shall be permanent
standing committees established within the government of the Township
of Berkeley. They shall be known as:
c.
Special Standing Committees Established. In addition to the permanent
committees established at this time, the President of Council may,
as circumstances direct, appoint other committees to investigate the
conditions within the Township. These committees shall be known as
"special standing committees of the Township of Berkeley" and shall
have the duties as limited and described by the President of Council
in his establishment of the committees.
d.
Procedural Rules.
1.
Meetings. Committees of the Township Council shall hold meetings
at the call of the Chairman of the committee or at such other times
as the Township Council may direct. The committees may meet in either
public or private session at the discretion of the Chairman of the
committee. The committee, at the call of the Chairman, shall meet
with other bodies or individuals, either in public or executive session,
to carry out the functions and duties of the committee.
2.
Action. A Chairman of a committee may, in his discretion, report
at regular meetings of the Government Body on the action of his respective
committee. At such times, the Chairman shall recommend action which
the Township Council should take in the handling of the various items
within the committee's responsibility. Subsequent to any action decided
upon by the Governing Body, the Chairman shall review the action taken
and recommend such additional measures as the committee deems appropriate.
3.
Rules. Each committee of the Township Council shall have the power
to determine its own rules of procedure.
e.
Duties.
1.
Generally, committees of the Township Council, in the furtherance
of the Council's Charter responsibilities, shall investigate:
2.
All committees of the Township Council shall have the responsibility
and power to investigate all questions raised by the inhabitants of
the Township in areas which are assigned to them by the President.
Subsequent to the investigation, the Chairman of the committee shall
make a report to the Township Council and the Mayor recommending what
further action is necessary.
3.
In addition to other matters assigned to it, the Finance Committee
shall have the responsibility of reviewing all bills required to be
submitted to the Township Council. The Chairman of the committee shall
sign the voucher for all approved bills prior to submission to the
Township Council for final approval. The Chairman of the committee
shall report to the Township Council on any bills which have been
submitted but not approved by the committee, indicating the reasons
for no approval. Subsequent to the report, the Township Council may,
nonetheless, cause such bill to be approved by a majority vote of
the whole Council.
4.
Any committee shall investigate the long-range needs of the departments,
bureaus, offices and personnel of the Township assigned to it and
determine the appropriateness of all future acquisitions required
by these departments, offices, bureaus and personnel. Upon such an
investigation, the Chairman of the committee shall report to the Council
the advisability of making said acquisition and seek the institution
of such legislative programs as will satisfy the needs of the units
of the Township Government under its jurisdiction.
[1974 Code § 2-10; Ord. No. 2016-03-OAB § 2]
a.
Appointment. Pursuant to the provisions of N.J.S.A. 40:69A-180(c),
the Township Council at its organization meeting shall elect a President
of Council from among its members.
b.
Term. The President of Council shall hold this office for a term
of one year or until his successor is appointed and qualified.
c.
Compensation. The President of Council shall receive compensation
as established by ordinance and as set by resolution in accordance
with the authority delineated within N.J.S.A. 40:69A-180.
d.
Duties and Powers.
[Amended 1-23-2023 by Ord. No. 23-01-OAB]
1.
Presiding Officer. The President of Council shall preside at all
meetings of the Township Council.
2.
Parliamentary Questions. The President of Council, as the Council's
presiding officer, shall be the chief parliamentary officer of Council.
The President of Council shall have the responsibility to state every
question coming before the Council, announce the decisions of Council
and determine the order of the matters to be considered by Council.
3.
Vote. The President of Council may vote on all questions coming before
Council; however, his name shall be called last upon a roll call vote.
4.
Appointment of Council Committees. The President of Council shall
appoint all standing and special committees within the Township Council.
5.
Decorum. The President of Council shall be responsible for the preservation
of order and decorum at all meetings.
6.
Other duties. The President of Council shall perform such other duties
as the Township Council shall, by resolution, determine.
[1974 Code § 2-11]
a.
The Township Council at its organization meeting shall elect a Vice
President of Council from among its members.
b.
Term. The Vice President of Council shall hold this office for a
term of one year or until a successor is appointed and qualified.
c.
Compensation. The Vice President of Council shall receive no additional
compensation by virtue of his position as Vice President of Council.
[1974 Code § 2-12]
In absence of both the President and Vice President of Council,
the Council shall elect a temporary presiding officer, which shall
have all functions, powers and duties of the President during his
absence. Upon the arrival of the President or Vice President, as the
case may be, the presiding officer shall relinquish the chair immediately
upon the conclusion of the particular item of business before the
Council.
[Ord. No. 12-31-OAB]
Members of the Council are required to attend, on an annual
basis, at least one course offered by the Rutgers University Center
for Government Services (or a similar education provider such as the
New Jersey League of Municipalities) covering the responsibilities
and obligations of elected officials (i.e., ethics, municipal finance,
etc.). Exceptions will be made on a case-by-case basis, where necessary.
