[1974 Code § 2-9; Ord. No. 95-35]
The Township Government for the Township of Berkeley shall organize during the first week of January of each year. Until a new President of Council is selected by the new Township Council, the old President of Council shall act as presiding officer for the meeting. In the event that the old President of Council is unavailable, the Clerk shall preside over the meeting. Subsequent to the qualification of newly elected members of the Governing Body, the Township Council shall, from among its members, select a Chairman, who shall be referred to as the President of Council and shall proceed to act as presiding officer of the meeting. The agenda for the organization meeting shall then provide for the consideration of the appointments made by the Council followed by the appointments of the Mayor for which the advice and consent of Council is required. The Mayor shall next make appointments for which the advice and consent of Council is not required. The President of Council shall then appoint all members of Council's standing committees. After the above referred to appointments have been made, the Township Council shall next consider such general resolutions or ordinances determining items of general concern as are normally resolved at an organization meeting.
[1974 Code § 2-17 A; Ord. No. 83-36; Ord. No. 83-43; Ord. No. 01-4-OAB § 1; Ord. No. 2012-39-OAB; amended 2-26-2018 by Ord. No. 18-07-OAB]
Except for its annual organizational meeting in January, the Council shall regularly meet as advertised in its annual notice each month following the regular caucus meetings at the Town Hall located on Pinewald-Keswick Road. The Township Council, by majority vote, may dispense with or change the date of a regularly scheduled meeting, provided that not less than one meeting shall be held each month. The rules of procedure and public participation shall be governed by the regulations hereinafter enacted.
[1974 Code § 2-17B]
The Council President, upon the written request of the majority of the members of Council or by the affirmative vote of the Council at a regular meeting or executive caucus, shall call a special meeting of the Council. In the call, the Council President shall designate the purpose of the meeting, and no further business shall be considered, except where the majority of members of the Council shall so determine, and the same would not be violative of the Open Public Meetings Law. The call for a special meeting shall be filed with the Township Clerk at least 72 hours before the time in which the meeting is called, and the Clerk shall forthwith give notice thereof by telephone to each Council member at a telephone number designated for that purpose by each Council member. If the Clerk fails to reach any Council member by such method, the Clerk shall cause to be served a written copy of the request for a meeting to each Council member by giving a copy to that member personally or by leaving a copy at his usual place of abode. The Clerk shall also forthwith release copies of the call to at least two newspapers. The call shall be posted at the bulletin board of the Town Hall. Upon the affirmative vote of at least four members of the Council, the Council may hold a meeting notwithstanding the failure to provide adequate notice if:
a.
Such meeting is required in order to deal with matters of such urgency and importance that a delay for the purpose of providing adequate notice would be likely to result in a substantial harm to the public interest.
b.
The meeting is limited to discussion of and acting with respect to matters of urgency and importance.
c.
Notice of such meeting is provided as soon as possible following the call of such meeting by posting written notice of same in the public place described herein and also by notifying two newspapers referred to herein. Such other notice as may be calculated to reach as many persons as possible shall also be undertaken by the Clerk, including but not limited to contacting local radio stations.
d.
Either the Council could not reasonably have foreseen the need for such meeting at a time when adequate notice could have been provided or, although the Council could have reasonably foreseen the need for such meeting at a time when adequate notice could have been provided, it nevertheless failed to do so.
[1974 Code § 2-17 C, D; Ord. No. 83-43; Ord. No. 01-4-OAB § 2; Ord. No. 2014-27-OAB; amended 2-26-2018 by Ord. No. 18-07-OAB]
a.
Executive Caucus. A caucus meeting shall be held as scheduled in the Township's annual notice of meetings at 6:00 p.m. or at such other times as may be agreed to by the Township Council. The public will be permitted to observe at these meetings but shall not participate in the proceedings except when public comment is accepted. Such a meeting shall be held at the Town Hall.
b.
Closed Executive Caucus. All regular, special and executive meetings of the Township Council shall be open to the public, except that the Council may exclude the public from portions of a meeting where it discusses:
1.
Any matter which, by express provisions of federal law or state statute or rule of court, shall be rendered confidential.
2.
Any matter in which the release of information would impair a right to receive funds from the United States.
4.
Any collective bargaining agreement, including the negotiation of the terms and conditions thereof, with employees or representatives of employees of the Township.
5.
Any matter involving the purchase, lease or acquisition of real property with public funds, the setting of banking rates or investment of public funds, where it could adversely affect the public interest if discussion of such matters were disclosed.
6.
Any tactics and techniques utilized in protecting the safety and property of the public, provided that their disclosure could impair such protection and any investigations of violations or possible violations of the law.
7.
Any pending or anticipated litigation or contract negotiation in which the Township may become a party and any matters falling within the attorney-client privilege to the extent that confidentiality is required in order for the attorney to exercise his or her ethical duties as a lawyer.
8.
Any matter involving employment of, evaluation of the performance of, promotion or disciplining of any current or prospective public employee or officer, unless all the individual employees or appointees whose rights could be adversely affected request in writing that such matter or matters be discussed at a public meeting.
9.
Any deliberation after a public hearing that may result in the imposition of a specific civil penalty or the suspension or loss of a license or permit.
[1974 Code § 2-18; Ord. No. 85-35]
a.
Robert's Rules Adopted. Except as may be otherwise provided by the provisions of this section, Township ordinance, resolution or motion or the provisions of State law, the rules of procedure to be followed by the Township Council in the conduct of its affairs shall be in accordance with the latest revised editions of Robert's Rules of Order. Amendment to the rules of procedure not required to be made by ordinance shall require the 2/3 majority vote of the whole number of the members of the Township Council.
b.
Consent Agenda. There shall be an item of business at each regular meeting of the Township Council entitled "consent agenda," which shall consist of a resolution or resolutions of a routine nature or of matters which were previously discussed at an executive session where there was general unanimity in the placement of the resolution on the agenda. Any resolution which has not been presented for discussion at the executive session next preceding the regular meeting may be added to the consent agenda if same is of a regular and routine nature as determined by the Township Clerk and the Council President. No resolution placed on the consent agenda will be discussed separately at the regular meeting. At the regular meeting, the Clerk shall read the consent agenda by title only. Any resolution may be removed from the consent agenda at the discretion of the Council President or if two members of the Governing Body shall request its removal. The Council will adopt the resolutions placed on the consent agenda by a majority vote on a resolution to adopt all items on a consent agenda. In the event that any member of the Township Council may be in conflict or wishes to abstain on any specific item, he shall name that item by the number on the agenda, and the Clerk shall so record the vote. In the event that any item cannot be passed by the Council as a result of controversy or lack of sufficient votes, it shall be removed by the Council President from the consent agenda resolution.
c.
Quorum. A majority of the whole number of the members of the Township Council shall constitute a quorum. If a quorum is not present 1/4 hour after the appointed time for any meeting, the President of Council, the Vice President, the President Pro Tem or, in their absence, any member of the Township Council may declare the meeting adjourned to a time certain or to the next regularly scheduled meeting of the Council.
d.
Roll Call Votes. The vote upon every motion, resolution or ordinance shall be taken by roll call, and the yeas and nays shall be entered on the minutes. The voting order on a roll call shall be based upon the seating arrangement established by the Council President. The Township Clerk shall call the roll from right to left, starting with that Council member sitting to the extreme right of the Council President, except that the Council President shall be called last.
e.
Minutes. The Township Clerk shall keep a journal of all Council proceedings and record the minutes of every meeting. All minutes shall be reduced to written form and be submitted to the Township Council at a regularly scheduled meeting following the meeting for which the minutes are made for approval by the Township Council. In the event that the minutes have been supplied to the Council members in advance, the minutes may be approved without a reading. Subsequent to approval by the Township Council, the minutes shall be signed by the President of Council or the Vice President and by the Township Clerk and shall be conclusive as to the proceedings conducted at the meeting for which the minutes were taken.
f.
Agenda. The agenda for each meeting of the Township Council shall be prepared by the Township Clerk with the advice and assistance of the Council President. Except for important or timely matters which may be added to the agenda at any time with the affirmative consent of the Council, the agenda for each meeting of the Township Council shall include only such matters of Council business as may have been presented or delivered to the Township Clerk at least three days preceding the meeting. In any event, a member of the Council may present to the Clerk an item for consideration at an executive session at least five days prior to the meeting. As soon as the agenda of each meeting has been prepared, the Clerk shall have a copy delivered to each Council member, the Mayor, the Business Administrator and the counsel. The Administrator shall provide the Clerk with copies of such materials, letters and information as affect the business of the Council as soon as practical prior to any regular meeting and executive sessions. The Clerk shall distribute copies of the agenda to the press and interested citizens upon request. As set forth on the agenda, the business of the Council at each regular meeting shall be taken up for consideration and disposition in the following order:
1.
Statement verifying notice under the Open Public Meetings Act.
2.
Call to order and roll call.
3.
Flag salute.
4.
The acceptance of minutes.
5.
Receipt of bids.
6.
Payment of bills and salaries.
7.
Ordinances.
8.
Resolutions and consent agenda.
9.
Motions.
10.
Mayor's announcements and reports.
11.
Oral reports of officials other than Mayor.
12.
Reports of Council members or Council committees.
13.
Statement of President.
14.
Public discussion with Council and Mayor.
15.
Adjournment.
g.
Rules of Debate.
1.
The 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 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.
2.
Obtaining the floor. 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.
3.
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 be permitted to proceed.
4.
Motion to reconsider. A motion to reconsider any action taken by Council may be made only on the date such action was taken. It may be made either immediately during the same session or at a recessed or adjourned session thereof. Such a motion must be made by a Council member on the prevailing side of the issue but may be seconded by any member and may be made at any time and have precedence over all other motions or the right of another member to the floor. This motion shall be debatable. Nothing herein contained shall be construed to prevent any member of Council from making or remaking the same or any other motion at a subsequent meeting of the Council.
5.
Remarks of Council member to be 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 a statement shall be entered in the minutes.
6.
Synopsis of debate to be entered in minutes. The Clerk may be directed by the presiding officer, with the consent of the Council, to enter in the minutes a synopsis of the discussion on any question coming before the Council.
7.
Motion to adjourn. A motion to adjourn shall always be in order and shall be decided without debate.
8.
Not voting or silence as affirmative vote. When a member of Council states upon the call of the roll that he is not voting, or is silent, except where he states he is in conflict of interest, his action shall be recorded as an affirmative vote.
9.
Enforcement of decorum. The President of the Council may request the Police Department to designate a Police Officer to serve as sergeant-at-arms at Council meetings. He shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at Council meetings, and 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 the applicable ordinance or statute upon the complaint of the presiding officer.
10.
Abstention or disqualification. When a Councilman abstains from voting on a matter before Council, his response shall be included with the majority. If he states that he is disqualified from voting because of a conflict, he shall be considered as absent.
11.
Call of a question. Any Council member may call a question presently before the Council whereupon the President or, in his absence, the President Pro Tem shall inquire whether any other Council member opposes the call. In the event that there is no opposition, the Clerk shall proceed to a roll call vote on the matter before Council. In the event that a Council member opposes a roll call, the President or, in his absence, the President Pro Tem shall treat the inquiry as a motion to close debate.
12.
Motions to close or continue debate. A motion to close or continue debate shall be a priority motion which shall be voted on immediately when raised and seconded. Neither motion is debatable. A motion to continue debate which is defeated closes debate; a motion to close debate which is defeated continues debate. The affirmative majority of the entire Council present shall be required for either motion to succeed.
13.
Voting. In taking a roll call, the Clerk shall treat as silence a response other than "aye," "nay," "abstain," "not voting" or "pass."
14.
Manner of addressing Council; time limit. Each person, upon recognition by the chair, desiring to address the Council shall proceed to the microphone and give his name and address and speak in a moderate tone of voice. Unless further or lesser time is granted by the Council, he shall be limited to 10 minutes of speech. Statements shall be addressed through the presiding officer of the Council and not through any member thereof. No person other than members of the Council and the member having the floor shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the presiding officer. A Council member shall not direct any question to a speaker addressing the Council except through the presiding officer, nor shall any question be directed by the speaker to a Council member except through the presiding officer.
[1974 Code § 2-19]
a.
Preparation. All ordinances and resolutions shall be prepared by the counsel upon the direction of the Council or Mayor. Motions may be prepared by the counsel upon the direction of the Council or may be prepared by any Council member. Motions shall be confined to procedural matters and shall not deal with substantive matters of regulations. All ordinances and resolutions shall be in written form. Motions may either be written or oral in their form.
b.
Reference to Departments and Council. Except where this provision is waived by a majority vote of the whole membership of the Township Council, all ordinances and resolutions shall be submitted to members of the Township Council and to the Mayor at least three business days prior to introduction.
[Amended 2-26-2018 by Ord. No. 18-07-OAB]
d.
Enactment Clause. All ordinances shall be enacted with the following clause: "Be it ordained and enacted by the Township Council of the Township of Berkeley, County of Ocean and State of New Jersey."
e.
Numbering. All ordinances and resolutions shall be numbered prior to introduction indicating the year of adoption, the number of the ordinance in sequence of ordinances adopted in any year, and a letter designating the ordinance first, second or subsequent draft thereof. Ordinances shall be drafted to correlate into the existing Township Code Book.
f.
Passage. Except as may be otherwise provided by law for ordinances dealing with specific subject matters, all ordinances, after having been introduced and passed upon first reading, shall be published at least once in an official newspaper of the Township, together with a notice of introduction thereof and the time and place when and where it will be further considered for final passage. There shall be at least one publication of the ordinance, which shall occur at least one week prior to the time fixed for further consideration and final passage. The publication shall be in full. At least three days prior to the date set for final passage, the Clerk shall post upon the bulletin board maintained within the Municipal Building a full copy of the ordinance and shall, for the appropriate fee, make available to the general public copies of the ordinance. Thereafter, the ordinance may be adopted by the Council with such amendments that do not substantially alter the intent or effect of the original. A substantial amendment shall be read and published in accordance with general law, and the ordinance may be finally adopted without further public hearing at least one week after the meeting at which it was amended.
g.
Mayor's Action. Each ordinance passed by Council shall be promptly delivered by the Clerk to the Mayor on the next day. The Mayor then shall either sign or veto such ordinance, then return it to the Clerk. In the event that the Mayor neither signs nor vetoes such ordinance, the ordinance shall be considered adopted after the expiration of 10 days from the date of delivery to the Mayor. With regard to ordinances, the Mayor shall exercise his obligations pursuant to N.J.S.A. 40:69A-41(a).
h.
Effect. No ordinance other than the Local Budget Ordinance shall take effect less than 20 days after final passage by Council and approval by the Mayor where such approval is required, unless Council shall adopt a resolution declaring an emergency and at least 2/3 of all members of Council vote in favor of such resolution.
i.
Passage over Veto. The Council will consider any ordinance returned by the Mayor without his approval pursuant to the Charter. Such reconsideration of the ordinance from which the Mayor is constrained to withhold his approval shall be at the next regular meeting of Council 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 certificate of the action of the Council upon such reconsideration in substantially the following form:
I HEREBY CERTIFY that the above ordinance adopted by Council on the _____ day of __________ 20_____ was delivered to the Mayor on the _____ day of __________ 20_____ and was returned to me on the _____ day of __________ 20_____, together with the Mayor's statement of the reasons for which he was constrained to withhold his approval of such ordinance, item or part hereof. On reconsideration thereof on the _____ day of __________ 20_____, (the Council duly resolved by the affirmative vote of 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: ___________________________________________________ |
___________________________________________________ |
CLERK |
j.
Ordinances Not Returned by the Mayor. 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 10 days after it has been presented to him, the Clerk shall append to such ordinance a certificate in substantially the following form:
I HEREBY CERTIFY that the above ordinance was adopted by the Council on the _____ day of __________ 20_____ and was presented to the Mayor duly certified on the _____ day of __________ 20_____, and upon his failure to sign it or return it and file it with the Clerk within 10 days thereafter, said ordinance took effect in like manner as if the Mayor had signed it. |
DATED: ___________________________________________________ |
___________________________________________________ |
CLERK |