Township of Chatham, NJ Article I The Mayor and Township Committee

§ 2-1 TOWNSHIP COMMITTEE.

§ 2-1.1 Legislative Power.

[New]

All legislative power of the Township, except in matters of health, shall be exercised by the Township Committee pursuant to law, and in matters of health by the Board of Health.

§ 2-1.2 Organization of Township Committee.

[New]

The Township Committee shall organize annually during the first week in January, at which time it shall elect a Mayor and Deputy Mayor from among its members. The Mayor shall preside at meetings of the Township Committee and perform such duties as the Township Committee or State law may prescribe. In the absence or disability of the Mayor, the Deputy Mayor shall perform all of the duties and functions of the Mayor.

§ 2-1.3 Powers of the Mayor.

[New]

The Mayor shall have those powers set forth in N.J.S. 40A:63-5. The Mayor shall be the chairman of the Township Committee and head of the municipal government. The Mayor shall preside at meetings of the committee and shall have the right to debate and vote on all questions. The Mayor shall have all powers placed in the Mayor by general law including but not limited to the following:

a. The power to sign and execute documents and agreements on behalf of the Township;

b. The power to make proclamations concerning holidays and events of interest to the Township;

c. The authority to exercise the ceremonial power of the Township;

d. Every other power usually exercised by Mayors under the Township Committee form of government.

§ 2-1.4 Vice-Chairman of the Township Committee.

[Ord. No. 3-90]

The office of Vice-Chairman of the Township Committee is hereby established. Such position shall be filled by a member of the Township Committee who shall be elected by the Township Committee at its annual meeting to serve during the calendar year. In the absence or disability of the Chairman of the Township Committee, who is known as the Mayor, the Vice-Chairman shall have all the powers and duties of the Chairman and shall serve and be known as the Acting Mayor of the Township.

§ 2-1.5 Meetings of the Township Committee.

[New]

a. Regular Meetings. The Township Committee shall hold its annual organizational meeting during the first week in January. The Committee shall hold regular meetings at least once a month in accordance with a schedule to be set forth in a resolution adopted by the Committee at its annual organizational meeting.

b. Special Meetings. Special meetings of the Township Committee shall be held as the need therefor arises and shall be held in compliance with "The Open Public Meetings Act".

§ 2-1.6 Meetings Open to the Public; Agenda.

[New]

All regular and special meetings of the Township Committee shall be open to the public, except for those portions of such meetings which the Committee determines to hold in private session pursuant to the provisions of "The Open Public Meetings Act". The rules of procedure to be followed and rules for the consideration of nominations submitted by the Mayor and for the conduct of other business of the Committee shall be provided by resolution.

a. Items of business, excluding ordinances and as otherwise provided by law, which the Township Committee has determined to be routine and which do not require discussions shall be included under a single section of the agenda known as the "consent agenda." Such items may be adopted or approved as the case may be collectively, upon a single motion and roll call vote of a majority of the Township Committee voting affirmatively.

b. The consent agenda shall be adopted by resolution of the Township Committee. Any member of the Committee may request that an item be removed from the consent agenda. That item shall then be considered separately.

§ 2-1.7 Township Committee Conference.

[New]

Subject to the provisions of "The Open Public Meeting Act", the Committee may meet at any time in executive session for the consideration of any Township business or to meet with any officer or employee of the Township or any other person on Township business. No persons other than those specifically invited by the Committee shall be authorized to participate in any such executive session.

§ 2-1.8 Quorum.

[New]

A majority of the full membership of the Township Committee shall constitute a quorum. If a quorum is not present at the appointed time for any meeting, the presiding officer or the Clerk may declare the meeting adjourned.

§ 2-1.9 Roll Call Votes; Minutes.

[New]

The vote upon every ordinance, and upon resolutions shall be taken by roll call and the yeas and nays shall be entered on the minutes. The minutes of each meeting shall be maintained and signed by the Township Clerk.

§ 2-1.10 Ordinances.

[New]

All ordinances shall be introduced, read, heard and enacted in the manner provided by general law.

§ 2-1.11 Ordinance Book.

[New]

The ordinance book shall be signed by the Mayor and Township Clerk.

§ 2-1.12 Rules and Order of Business of the Township Committee.

[Added 9-27-2022 by Ord. No. 2022-11]

a. Robert's Rules of Order Newly Revised. The deliberations of the Township Committee shall be governed by Robert's Rules of Order Newly Revised.

b. Selection of Mayor and Deputy Mayor.

1. The Mayor and Deputy Mayor shall be selected at the Reorganization Meeting.

2. The Mayor and Deputy Mayor shall serve a term expiring on December 31.

3. The Annual Reorganization Meeting shall be chaired by the Township Clerk until such time that the Mayor has been selected by the Township Committee.

c. Meetings.

1. The Mayor shall preside at all meetings of the Township Committee. In the absence of the Mayor, the Deputy Mayor shall perform all the duties of the Mayor. The Mayor shall on all occasions preserve order and shall cause the arrest or removal of all persons who interrupt the proceedings of the Township Committee.

2. The Mayor shall decide all questions of order subject to appeal to the Township Committee.

3. Each member of the Township Committee, including the Mayor, shall have the right to make and second motions and nominations and to vote thereon.

4. Regular and workshop meetings shall be held as scheduled at the annual organization meeting each year or as rescheduled by resolution adopted at a regular meeting.

5. Special meetings shall be held as provided by Code of the Township of Chatham and applicable State law. Upon the filing of a proper call for a special meeting, the Township Clerk shall give at least two business days' notice thereof with a copy of the call to all members of the Township Committee by delivery to each member personally or to each member's residence. Copies of the notice shall be promptly released to the news media and posted in a prominent place in the Township Hall.

6. Regular, workshop and special meetings of the Township Committee shall be open to the public. A portion of all meetings shall be set aside for citizens to address the Township Committee on any matter of interest.

7. All items of business will be delivered to each member of the Township Committee by the Township Clerk or Township Attorney at least two days prior to the meeting at which it is to be considered, unless special circumstances do not permit advance delivery.

8. No new business will be considered after 11:00 p.m. Township Committee meetings will adjourn no later than 12:00 (midnight).

9. The Township Committee may, by a majority vote of members then present, waive any section of the By-Laws in the public interest to be able to complete Township Committee business at a duly noticed Township Committee meeting.

10. All Township Committee meetings will be conducted in accordance with the requirements of the Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.).

11. Regular Township Committee meetings will be broadcast and livestreamed as a convenience for the public. In the event that the broadcast is interrupted for any reason, the Township Committee meeting will continue as noticed.

d. Order of Business.

1. The following shall be the normal order of business of all meetings of the Township Committee:

(a) Meeting called to order.

(b) Open Public Meetings Act announcement.

(c) Closed session resolution; if applicable.

(d) Return to public session; if applicable.

(e) Salute to flag.

(f) Moment of Silent Reflection (as necessary).

(g) Roll Call.

(h) Announcements and Special Recognition.

(i) Reports.

(j) Hearing of citizens.

(k) Public Hearing and final adoption of ordinances.

(l) Introduction of ordinances.

(m) Approval of Consent Agenda.

(n) Adoption of resolutions.

(o) Miscellaneous business.

(p) Second Hearing of Citizens.

(q) Second closed session resolution; if applicable.

(r) Adjournment.

2. Hearing of Citizens.

(a) During the first Hearing of Citizens on the Agenda, speakers may comment upon items that are not the subject of a separate public hearing scheduled for that meeting. Speakers may comment for up to three minutes. Speakers may speak once and may not yield their time to another speaker.

(b) During public hearings, Subsection d2(a) will also apply.

(c) During the second Hearing of Citizens, speakers may comment upon any item on the agenda and/or any topic for the good and general welfare of the Township of Chatham. Speakers may comment for up to three minutes. Speakers may speak once and may not yield their time to another speaker.

(d) During all public hearings, residents of the Township of Chatham will be called upon to speak before non-Township residents.

3. Subcommittee chairpersons and liaisons will provide short update reports to the Township Committee during the report section of meetings.

4. The department heads shall provide a written report on a monthly basis to the Township Administrator to be furnished to the Township Committee and be available to provide an annual public report.

e. Committees and Boards.

1. The Township Committee hereby creates five standing committees, each consisting of two members of the Township Committee as follows:

(a) Public Safety/Emergency Management.

(b) Administration/Personnel/Communications.

(c) Finance.

(d) Public Works/Sewer Utilities.

(e) Recreation.

Note: The Township Administrator shall supervise all departments, attend all meetings of the standing committees and implement the policies adopted by the Township Committee. The standing committees are not authorized to exert any administrative control over the departments assigned.

2. Except as otherwise required by State statute and the Code of the Township of Chatham, the Mayor shall appoint members to the various Township boards with the approval of the Township Committee.

3. The Township Committee may appoint advisory committees for special purposes composed of no more than two members of Township Committee and such other administrative staff members and members of the general public as it deems necessary and appropriate.

4. At the time of creation of an advisory committee, the Township Committee shall establish the duration of the advisory committee. No advisory committee shall take a position on behalf of the Township Committee without the Township Committee's approval.

5. A member of the Township Committee, appointed by the Committee, shall serve as liaison to the following boards, commissions and community groups and other entities:

(a) Mayor's Wellness Campaign.

(b) Board of Education.

(c) Environmental Commission.

(d) Senior Citizens Center/Senior Club of the Chathams.

(e) Municipal Alliance Committee and Madison-Chatham Coalition.

(f) Historical Society.

(g) Public Utilities.

6. A member(s) of the Township Committee, appointed by the Committee, shall serve as a member of the following boards and committees:

(a) Joint Recreation Advisory Committee.

(b) Joint Municipal Court Committee (two members).

(c) The Board of Health.

(d) The Board of Trustees of the Joint Library of the Chathams (Mayor or Mayor's designee).

(e) Open Space Committee.

(f) Joint Community Garden.

f. Ordinances.

1. All proposed ordinances, supplements to and amendments of ordinances shall be presented in writing at a regular meeting, except in those instances when the Township Committee decides to act on an ordinance at a special meeting.

2. Every ordinance duly passed by the Township Committee shall be recorded by the Township Clerk in the Township Ordinance Book, with a proper index. Each ordinance entered in the Ordinance Book shall be compared with the original and shall not be entered unless it is identical in content with such original. The Township Clerk shall enter at the foot of the ordinance the date it was passed and the number and page of the Minute Book containing the minutes of the meeting at which it was passed. Each ordinance entered in the Ordinance Book shall be signed by the Mayor or Deputy Mayor and the Township Clerk.

3. The Township Ordinance Book is hereby established as the original permanent record of the Ordinances of the Township.

4. All ordinances shall be introduced, considered, read, heard, adopted and published in accordance with applicable law and inserted in the correct place in the Code of the Township of Chatham.

g. Filings.

1. The Township Committee shall file with the Township Clerk all ordinances, resolutions, reports, petitions, correspondence and other papers considered by or presented to the Township Committee.

h. Minutes.

1. The Township Clerk shall keep minutes of all Township Committee meetings as provided by law.

2. Draft minutes for all meetings shall be delivered to the Township Committee members no later than the Friday preceding the next regular meeting. Such minutes shall be clearly marked as a draft minutes.

3. Minutes will be filed into the minute book and released to the public only by the Township Clerk and only after approval by the Township Committee.

4. All open sessions of the Township Committee meetings may be recorded.

5. The recordings, if made, will be kept by the Township Clerk as required by law.

6. The approved minutes shall become the official record of the meeting.

i. Newly Elected Township Committee Members.

1. Upon certification of election results, the Township Clerk shall begin sending newly elected Township Committee members the meeting agendas and supporting documentation.

2. Upon certification of election results, newly elected Township Committee members shall be invited to attend Executive Sessions prior to swearing-in, provided that the newly elected Township Committee member agrees to be bound by confidentiality requirements.

j. Code of Conduct.

1. No member of the Township Committee, including the Mayor, can conduct business for, or on behalf of, the Township without express, specific approval of the Township Committee. This includes all correspondence, written or otherwise, negotiations, and the like.

2. It is the responsibility of each Committee member to disclose to the Township Attorney any personal or private interest, directly or otherwise, in any question or measure proposed or pending before the Township Committee. The Township Attorney will determine whether a conflict of interest exists.

3. A member of the Township Committee who has a conflict of interest on a particular matter shall neither vote on nor take part in discussion of same.

4. A member of the Township Committee shall not use or disseminate confidential information acquired by or available to them for personal gain or for personal, non-Township business related reasons. Any member who is aware of a breach of confidentiality, is expected to bring forth that information to the appropriate officials in a timely manner.

k. Filling Vacancies.

1. Vacancies on the Township Committee will be filled in accordance with N.J.S.A. 40A:16-11 and all other relevant statutes.

2. Upon receipt of the names of three nominees to fill a vacancy, the nominees will be invited to present candidate statements to the Township Committee at a regular or special Township Committee meeting in Public Session.

3. The three nominees will also be invited to be interviewed by the Township Committee in Public Session.

4. The Township Committee's discussion on the merits of the three nominees will be held in Public Session.

5. Any formal action by the Township Committee to fill a vacancy will be taken in Public Session.

l. Township Administrator.

1. The Township Administrator shall be the Chief Administrative Officer of the Township, shall supervise all departments, perform the duties of Township Administrator as specified in the Code of the Township and shall be responsible to the Township Committee for the proper and efficient administration of Township affairs. The Township Administrator shall make reports to the Township Committee as requested.

2. The Township Administrator and staff under his direction shall prepare the annual budget. In preparation for the budget process, all departments, including the volunteer Fire Departments and Emergency Medical Service, shall submit their goals and objectives along with short-term and long-term budget and capital requests in a format to be decided by the Township Administrator. Members of the Township Committee also shall submit their goals and objectives to the Township Administrator. The funding requests accepted by the Township Administrator shall be included in the budget along with the goals and objectives to create a planning document to be shared with the public. It shall be the responsibility of the Township Administrator and the Township Committee to provide a short-term and long-term capital plan that includes an assessment of all Township facilities, physical plants, land and infrastructure as part of the planning and budget process.

3. It is intended that the Township Committee shall act in all matters as a body. Members of the Township Committee shall not seek individually to influence the official acts of the Township Administrator or any other officer or to interfere in any way with the performance by such officers of their duties.