The Governing Body shall consist of the Mayor and six (6) Councilmembers elected at-large in the Borough, all of whom shall be elected and take office in the manner provided by law. The term of office shall commence January 1 next following their election.
[Amended 4-16-2024 by Ord. No. 2024-16]
The Mayor shall preside over all meetings of the Council but shall not vote except to give the deciding vote in case of a tie. Except as otherwise provided by statute or specific ordinance, the Mayor shall nominate and, with the advice and consent of the Council, appoint all officers in the Borough. No appointments requiring Council confirmation shall be made except by a majority vote of the Councilmembers present at the meeting, provided that at least three affirmative votes shall be required for such purpose, the Mayor to have no vote thereon except in the 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 such nomination to fill a vacancy within 30 days after the appointive office becomes vacant. If the Mayor fails to nominate within 30 days or the Council fails to confirm any nomination made by the Mayor, then, after the expiration of 30 days, the Council shall appoint the officer.
A. 
The Mayor shall see that the laws of the state and the ordinances of the Borough are faithfully executed and shall recommend to the Council such measures as he/she may deem necessary or expedient for the welfare of the Borough. The Mayor shall maintain peace and good order and have the power to suppress all riots and tumultuous assemblies in the Borough.
B. 
The Mayor shall have the powers granted by the laws of New Jersey and the ordinances of the Borough. The Mayor shall supervise the conduct and acts of all officers in the Borough and shall execute all contracts made on behalf of the Council. The members of advisory committees to the municipality created pursuant to Borough Code and N.J.S.A. 40A:60-7 shall be nominated by the Mayor and established by advice and consent of Council by resolution.
C. 
For the year 2024 and for each year thereafter, it is hereby established that the Mayor shall receive an annual stipend of $2,500 to be paid on a quarterly basis. The Mayor may elect to waive his/her stipend.
The Council shall by ordinance adopt rules of procedure not inconsistent with this chapter.
[Amended 4-16-2024 by Ord. No. 2024-17]
A. 
The Council shall possess all the powers granted by the laws of the State of New Jersey.
B. 
For the year 2024 and for each year thereafter, it is hereby established that each Councilmember shall receive an annual stipend of $1,500 to be paid on a quarterly basis (March, June, August and November). Each Councilmember may elect to waive his/her stipend.
A. 
Procedure for passage; vote required. Borough ordinances shall be submitted in writing for introduction at a meeting of the Council and be voted on at such meeting. No ordinance shall be adopted except on second reading after publication by the vote of a majority as required by law, of the members of the Council present at the meeting, the Mayor to have no vote except in the case of a tie.
B. 
Publication of ordinances. No ordinance shall be considered for final adoption until it has been advertised as required by law. The Municipal Clerk shall be responsible for arranging for the advertising of proposed ordinances.
C. 
Ordinance presented to Mayor after passage; veto.
(1) 
Within ten (10) calendar days after its passage, every ordinance passed by the Council shall be presented to the Mayor by the Municipal Clerk.
(2) 
If the Mayor approves an ordinance, he shall sign it within ten (10) calendar days after its passage, and file it with the Municipal Clerk. If the Mayor does not approve an ordinance, the ordinance shall be returned to the Municipal Clerk, which shall include the Mayor’s objections. At its next meeting, the Council shall cause the objections to be entered at length on its minutes and proceed to reconsider the ordinance.
D. 
Passage over veto; vote required. If two-thirds (2/3) of all the Councilmembers at the next meeting or at any subsequent meeting to which they postpone such reconsideration, vote to pass the ordinance or the vetoed part over the veto of the Mayor, the ordinance shall take effect.
E. 
Records of ordinances and resolutions. The Municipal Clerk shall record all ordinances in books to be provided for that purpose. After each ordinance the Clerk shall record and certify the proof of its publication as required by law. Each ordinance so recorded shall be signed by the Mayor and the Municipal Clerk, who shall attest that it was adopted on a date stated, and when so signed the recorded copy shall be deemed to be a public record of the ordinance. Any omission by the Clerk or the Mayor to record, sign or certify shall not impair or affect the validity of an ordinance which has been duly adopted.
The Mayor shall hold office for four (4) years and until his successor qualifies. Councilmembers shall hold office for three (3) years and until their successors qualify and their respective terms shall be arranged so that the terms of two (2) members of Council expire at the end of each year.
At the organizational meeting the 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. The President of the Council shall have the right to debate the vote on all questions before the Council. If the Council at its annual meeting 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) consecutive 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. In case of the Mayor's intended absence from the Borough for more than three (3) days at any one time, the Mayor shall notify the President in writing of such intended absence, whereupon the President shall become Acting Mayor upon the receipt of such notice and continue to act until the Mayor's return. In case of the temporary inability of the President to so act, the Councilmember having the longest term of service as such may act temporarily for the President.
A. 
Organizational, regular and special meetings. The Council shall meet for organization on the first day of January, or during the first seven (7) days in January in any year at such time and place as the Council may direct. Thereafter, the Council shall meet regularly within the Borough at such times and places as provided by the Rules of Council. 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. In all cases of special meetings, forty-eight (48) hours written notice (or actual voice contact) shall be given to all members of the Council. Written notice may be given by leaving such notice at their places of residence.
B. 
Quorum. Three (3) members of Council and the Mayor or, in the absence of the Mayor, four (4) Councilmembers shall constitute a quorum for the transaction of business.
C. 
Rules of procedure. The Council shall provide by resolution rules of procedure not inconsistent with law or this Code. Proceedings at all meetings shall be conducted in accordance with Roberts Rules of Order, Revised, except where the Council provides otherwise by resolution. The Attorney shall give his/her opinion on questions of procedure at the request of members of the Council.
Pursuant to N.J.S.A. 40A:60-7, the Council shall annually organize itself into standing committees.
A. 
The standing committees, nominated by the Mayor and established by advice and consent of Council by resolution, are intended to expedite and facilitate the work of the Borough Council. Nothing within this section shall be interpreted as authorizing any acts by a standing committee that legally and statutorily require action by the entire Borough Council. No act of a standing committee can bind the Borough Council without further action of the governing body.
B. 
All committees shall consist of no less than two, and no more than three, elected officials as not to violate the Open Public Meeting Act (OPMA) as to a quorum. All members of a standing committee shall serve for the balance of the calendar year of the year of their appointment, expiring on December 31 of the year of appointment.
C. 
The committee chairperson shall be nominated by the Mayor and established by advice and consent of Council by resolution. The chairperson of each committee shall inform the Mayor of the meetings of such committee and any of the activities, reports, and recommendations of such committee. The Mayor shall only attend a committee meeting upon request of the chairperson when attendance by the Mayor will not create a quorum as defined by N.J.S.A. 40A:60-3(d). The standing committees, along with their respective responsibilities, shall be:
(1) 
Public Works (Public Works, Engineering, Code Enforcement);
(2) 
Administration & Legal (Administration, Insurance, Technology);
(3) 
Land Use (Building, Zoning, Land Use Board, Flooding);
(4) 
Recreation (Recreation, Beach, Beautification);
(5) 
Finance (Budget, Grants, Reports, FEMA); and
(6) 
Public Safety (Police, Fire, First Aid, OEM, Court).
D. 
Special committees may be created by Council with members nominated by the Mayor and established by advice and consent of Borough Council by resolution, as needed for purposes other than those included above. The chairperson of each standing committee shall serve as the liaison to any advisory committee as to any issue for which the standing committee is responsible.
E. 
A standing committee shall:
(1) 
Meet when requested by the chairperson of the committee, such meetings to occur at least quarterly. All members thereof may participate actively in the committee deliberations, performances of duties and the formulation of its recommendation to the Borough Council.
(2) 
Plan, study, direct, make commitments within budgetary limitations, and carry on the routine activities for which it has primary responsibility.
(3) 
Perform such acts as may be assigned to it by the Borough Council.
(4) 
Report and make recommendations to the Borough Council regarding its responsibilities and activities.
Except as provided above, a standing committee shall not: (1) expend funds without prior approval of the Borough Council; (2) make promises or commitments to anyone which directly, or by inference, bind the Borough Council; and (3) act in such manner or make decisions which violate policies established by the Borough Council or other applicable governmental division or entity.
Pursuant to N.J.S.A. 40A:60-7, the Council may create such advisory councils to the municipality as it may choose, including councils for the functions absorbed by it of any heretofore existing boards, commissions or districts. Members of such advisory committees shall be nominated by the Mayor and established by advice and consent of Council by resolution.
The Borough shall utilize the Ocean County Board of Health, which shall meet all health-related responsibilities for the Borough as provided by law.
There is hereby established in the Borough of Mantoloking an Environmental Commission, which shall be established and governed pursuant to the provisions of N.J.S.A. 40:56A-1.
The Environmental Commission shall consist of not less than five (5) nor more than seven (7) members. The Mayor shall appoint members to the Environmental Commission. All persons appointed to serve on the Environmental Commission shall be residents of the Borough. One person appointed to serve on the Environmental Commission shall also be a member of the Planning Board. The Mayor shall designate the chair and presiding officer of the Commission.
The terms of the persons initially appointed to serve on the Environmental Commission shall be one (1), two (2), or three (3) years, so that one-third (1/3) of all members' terms will expire each year. Subsequent appointments shall be made for three (3) year terms.
The Environmental Commission shall have the powers and the duties set forth in N.J.S.A. 40:56A-1 et seq. Specifically, the Commission shall keep records of its meetings and activities and shall make an annual report to the Council. The Commission shall keep an index of all open areas, publicly or privately owned, within the Borough. The Commission may study and make recommendations to Council and to the Planning Board concerning open space preservation, water resources management, air pollution control, solid waste management, noise control, soil and landscape protection, environmental appearance, marine resources, and protection of flora and fauna.
The Borough Council may allocate such funds as it deems appropriate for the expenses of the Environmental Commission.
There is hereby established a Green Team Advisory Committee to the Mantoloking Borough Council.
The general purpose for the Green Team Advisory Committee includes but is not limited to the following:
A. 
Manage the Borough's participation in the Sustainable Jersey program;
B. 
Encourage the pursuit of sustainable practices where possible within the Township;
C. 
Make Green Team information available to the public;
D. 
Work with existing groups within the Township whose actions affect environmental issues;
E. 
Provide suggestions for further research and action to the Borough Council;
F. 
Solicit and evaluate environmental ideas and suggestions from the community; and
G. 
Promote sustainability within the Borough.
The Green Team shall consist of the members of the Mantoloking Environmental Commission. Membership on the Green Team shall be concurrent with membership on the Environmental Commission. The Chair of the Mantoloking Environmental Commission may appoint up to five additional members. Said members shall be willing participants from the community at large and shall serve for a period of two years from the date of their appointment.
The Green Team may adopt schedule of regular meetings and submit same to the Borough Council; may select volunteers to work on Green Team projects; and may periodically submit reports and minutes to the Borough Council.
Pursuant to N.J.S.A. App. A:9-33 et seq., there shall be a Municipal Emergency Management Council, the members of which shall be appointed by the Mayor. The Municipal Emergency Management Coordinator shall serve as chairperson of the Emergency Management Council.