[The power to adopt rules of procedure is derived from the general
powers of the municipality to govern and will be found in R. S. 40:69A-29,
30.]
This chapter shall be known as the Rules of Council, 1965, and
is sometimes referred to as "the rules."
Except as may be provided in the charter, questions of order,
the organization and the conduct of business of the council shall
be governed by Robert's Rules of Order in all cases to which
they are applicable, and in which they are not inconsistent with these
rules.
The council shall hold regular meetings at the times specified
in the administrative code. All regular meetings of the council shall
be held in the Township Meeting Hall on the second floor of the Township
Library Building.
The mayor, whenever he deems it in the public interest, may,
and upon request in writing of a majority of the council shall, call
a special meeting of the council. A request by councilmen or the mayor
for a special meeting therefor shall state the time and purpose of
the meeting. The mayor shall deliver the call for a special meeting
to the clerk who shall forthwith deliver copies thereof to each councilman
at his residence or at such place as he may designate in advance.
No business except what is described in the call shall be considered
at the special meeting. Except in case of emergency, special meetings
may be called upon not less than two days' notice.
An adjourned meeting shall be considered a continuation of the
preceding meeting and the business of the council shall be resumed
where it was left at the last adjournment.
The council shall hold conferences at the Conference Room on
the second floor of the Township Library Building at 7:00 p.m. of
the evening of the day on which regular meetings of the council are
held, provided, however, that when the day fixed for any pre-meeting
conference of the council falls upon a day designated by law as a
legal or national holiday, or upon a day when three or more members
of the governing body are attending a state or national conference
or convention, such meeting shall be held on a day to be scheduled
by the township clerk. Conferences of council shall be in executive
session of the committee of the whole and such sessions may be attended
only by the clerk and her designees or such persons as the council
may invite.
All reports, communications, ordinances, resolutions, claims,
contract documents or other matters to be submitted to the council
shall, at least 24 business hours prior to each council meeting, be
delivered to the clerk, whereupon the clerk shall immediately prepare
a calendar of such matters together with such additional matters that
she may have to present, inconformity with the prescribed order of
business as hereafter provided and shall furnish a copy to each member
of the council. When required, she shall furnish the mayor, the manager,
and the township attorney with a copy of the same prior to the council
meeting and as far in advance of the meeting as time for preparation
will permit.
The presiding officer of the council shall be the mayor. The
presiding officer shall preserve strict orders and decorum at all
regular and special meetings of the council. He shall state every
question coming before the council and announce the decision of the
council on all matters coming before it. He shall appoint special
committees of the council. The mayor shall vote on all questions,
his name being called last. The mayor shall sign all ordinances and
resolutions adopted by the council during his presence. In the event
of the absence of the mayor, such ordinances and resolutions shall
be signed by the presiding officer.
The township attorney or such member or members of his office
as he may designate shall be available to the council at all regular
and special meetings. He, or his designee, shall draw ordinances and
resolutions for any member of the council when and as required.
The mayor shall take the chair at the hour appointed for the
meeting and shall immediately call the council to order. In the absence
of the mayor, the deputy mayor shall be presiding officer. In the
absence of the mayor and deputy mayor the clerk or her designee shall
call the council to order. The clerk shall then determine whether
a quorum is present and in that event shall call for the election
of a temporary presiding officer. Upon the arrival of the mayor or
deputy mayor, the temporary presiding officer shall forthwith relinquish
the chair upon the conclusion of the business immediately before the
council.
Before proceeding with the business of the council, the clerk
or her designee shall call the roll of the members in alphabetical
order, and the names of those present shall be entered in the minutes.
A majority of the whole number of members of the council shall
constitute a quorum. No ordinance, resolution or motion shall be adopted
by the council without the affirmative vote of the majority of all
the members of the council.
Should no quorum attend within 30 minutes after the hour appointed
for the meeting of the council, the mayor, or in his absence the clerk
or her designee, may thereupon adjourn the meeting until the next
day, unless by unanimous agreement those members present select another
hour or day. The names of the members present and their action at
such meeting shall be recorded in the minutes by the clerk.
All regular and special meetings of the council shall be open
to the public. Promptly at the hour set for each meeting, the members
of the council and the clerk shall take their regular stations in
the council chamber and the business of the council shall be taken
up for consideration and disposition in the following order, except
as the council shall otherwise provide for special or emergency meetings
of the council:
Convene
Roll Call
Pledge of Allegiance and moment of prayer
Statement of compliance with the "Open Public Meetings Act"
Notice of fire exit procedures
Public portion for questions as to agenda items:
The mayor or presiding office shall announce that the purpose
of this public portion is solely to ask questions to understand matters
that appear on the agenda and is not an occasion for a public hearing
on an ordinance on the agenda or to substitute for the public portion
at the conclusion of the meeting.
Approval of minutes
Receipt of bids (as required)
Approval of vouchers (as applicable)
Resolutions
Ordinances
Public hearing
Introductions
Reports
Public portion
Adjournment
Unless a reading of minutes of a council meeting is requested
by a majority of the council, such minutes when signed by the mayor
and the clerk may be approved without reading, provided that the clerk,
at least two full working days preceding the meeting, shall deliver
a copy thereof to each member of the council.
The vote upon every motion, resolution or ordinance shall be
taken by roll call in alphabetical order except that the mayor shall
be polled last, and the yeas and nays shall be entered on the minutes.
Upon the call of the roll no member shall discuss or explain his vote;
and the silence of any councilman who is present shall be recorded
as an affirmative vote unless he states directly that he abstains.
The minutes of each meeting shall be signed by the presiding officer
and by the clerk.
There shall be no standing committees of the council, other
than the committee of the whole. The rules of the council shall govern
the meetings of the committee of the whole so far as applicable. Special
committees for legislative purposes may be appointed by the mayor
pursuant to resolution. No special committee shall proceed to the
consideration of any matter referred to it unless a majority of the
members of the committee shall be present. All committee meetings
shall be held at the Township Meeting Hall. No special committee shall
report on a matter referred to it at the same meeting at which the
reference is made, except by unanimous consent of the members of the
committee.
With respect to appointments to be made by the council, any
member of the council may nominate as many candidates as there are
offices to be filled. The council will consider such nominations in
committee of the whole, which will report to a regular meeting of
the council. Where there is a single office to be filled, the sense
of the council on the appointment shall be taken as to each nominee
in alphabetical order, and the first nominee to receive a majority
shall be deemed appointed. Where there is more than one office to
be filled, such as on a board, commission or authority, the same procedure
shall be followed with respect to each office separately until the
total number of appointments to be made has been completed. In the
discretion of the chair, a group of nominations may be considered
at once where there is no apparent division in the council as to the
nominees included in the group.
When a question is presented and seconded, it is under consideration
and no motion shall be received thereafter, except to adjourn, to
lay on the table, to postpone, or to amend, until the question is
decided. These motions shall have preference in the order in which
they are mentioned and the first two shall be decided without debate.
The mayor or such other member of the council as may be presiding,
may move, second and debate from the chair, subject only to such limitations
of debate as are by these rules imposed upon all members, and shall
not be deprived of any of the rights and privileges of a councilman
by reason of his being the presiding officer.
Improper references are to be avoided. Every member desiring
to speak for any purpose whatsoever shall address the presiding officer,
and upon recognition, shall confine himself to the question under
debate, avoiding all personalities and indecorous language. A member
may only speak once on the same subject but may speak to clear up
a matter of fact or explain a material part of his speech, except
that a member after moving a question may once again speak on the
same subject.
A member once recognized shall not be interrupted when speaking
unless it be to call him to order or as herein otherwise provided.
If a member while speaking be called to order, he shall cease speaking
until the question of order be determined by the presiding officer,
and if in order, he shall be permitted to proceed. Any member may
appeal to the council from the decision of the chairman upon a question
of order, when without debate the chairman shall submit to the council
the question, "Shall the decision of the Chair be sustained?" and
the council shall decide by a majority vote.
The councilman moving the adoption of an ordinance or resolution
shall have the privilege of closing the debate.
Each person addressing the council shall step up to the microphone,
shall give his name and address in an audible tone of voice for the
record. All remarks shall be addressed to the council as a body and
not to any person thereof. No person, other than members of the council
and the person 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. No questions shall be asked
a councilman except through the presiding officer.
While the council is in session, the members must preserve order
and decorum, and a member shall neither by conversation or otherwise
except as herein provided delay or interrupt the proceedings, the
peace of the council, disturb any member while speaking or refuse
to obey the orders of the council or its presiding officer.
Any person making impertinent or slanderous remarks or who shall
become boisterous while addressing the council shall forthwith be
barred from further audience before the council, by the presiding
officer, unless permission to continue or again address the council
be granted by the majority vote of the council.
The chief of police, or such member or members of the police
department as he may designate, shall be the sergeant-at-arms of the
council meetings. He or they shall carry out all orders and instructions
given by the presiding officer for the purpose of maintaining order
and decorum at the council meetings.
Ordinances may be introduced and adopted by title except bonding
or local improvement ordinances, which shall be read in full by the
clerk or her designee before consideration by the council on second
and final reading. Every ordinance after introduction and adoption
on first reading shall be published in full, together with a notice
as required by law, and the publication shall be at least 10 days
prior to the time fixed for further consideration for second and final
passage. At the time and place so specified in such notice, all persons
interested shall be given an opportunity to be heard thereon.
All ordinances, resolutions and contract documents before presentation
to the council by the mayor or the manager shall have been reduced
to writing and shall have been approved as to form and legality by
the township attorney or his designee. Prior to presentation, all
such documents shall have first been referred to the head of the department
under whose jurisdiction the administration of the subject matter
of the ordinance, resolution or contract document would devolve. Any
statement of fact or representation submitted in support of any such
document, resolution or ordinance shall be signed by the mayor, manager
or a designee of either of them.
All ordinances shall take effect 20 days after final passage
and approval by the mayor. Two-thirds of the council may, however,
declare an emergency by written resolution to reduce this twenty-day
period except for the period for bond ordinance shall not be reduced.
All reports and resolutions shall be filed with the township
clerk and entered in the minutes.
A motion to adjourn shall always be in order and decided without
debate.
