[Ord. No. 94-1005, § 3; Ord. No. 2002-1275; Ord.
No. 2005-1383]
The inhabitants of Bernardsville Borough are hereby continued
as a body politic and corporate in law as heretofore constituted and
established and shall be known by the name of "The Borough of Bernardsville,
in the County of Somerset," and the boundaries of the Borough shall
be and remain as heretofore established by law. The Borough shall
have full power to sue and be sued and have a corporate seal.
[Ord. No. 94-1005 § 3; Ord. No. 2002-1275; Ord.
No. 2005-1383; Ord. No. 2012-1618]
a.
The Mayor shall be elected by the voters at large and shall serve
for a term of four years until his or her successor shall have qualified.
The council shall consist of six members, elected at large, and shall
serve for a term of three years and until their successors shall have
qualified. Their term shall be arranged so that terms of two councilmen
shall expire at the end of each year.
[N.J.S.A. 48:60-2]
b.
The Mayor and Council shall serve without compensation but shall be reimbursed, in the discretion of the Borough Chief Financial Officer, for their actual and necessary expenses incurred in the performance with their duties in accordance with and up to the amounts established pursuant to Subsection c below.
c.
In each annual budget, the governing body shall include an appropriate
amount to reimburse the Mayor and members of the Council for actual
and necessary expenses incurred in the performance of their duties
in accordance with applicable law and Borough policies and rules.
Examples of such reasonable and necessary expenses include attendance
at professional and official meetings, seminars, conventions, and
other functions relevant to the performance of their duties. The Mayor
and members of the Council shall not be reimbursed for any political
or personal expenses. Examples of political expenses include attendance
at any dinner, function or other event sponsored by any political
candidate, political committee, political party or any group created
to support or oppose any public question or candidate.
[Ord. No. 94-1005 § 3; Ord. No. 2002-1275; Ord.
No. 2005-1383]
a.
The Mayor shall be the head of the municipal government.
b.
The Mayor shall have all those powers designated by general law.
c.
The Mayor shall preside at meetings of the Council and may vote to
break a tie.
d.
Every ordinance adopted by the Council shall, within five days after
its passage, Sundays excepted, be presented to the Mayor by the Borough
Clerk. The Mayor shall, within 10 days after receiving the ordinance,
Sundays excepted, either approve the ordinance by affixing his or
her signature thereto or return it to the Council by delivering it
to the Clerk together with a statement setting forth his objections
thereto or any item or part thereof. No ordinance or any item or part
thereof shall take effect without the Mayor's approval, unless the
Mayor fails to return the ordinance to the Council, as prescribed
above, or unless the Council, upon consideration of the ordinance
following its return, shall, by a vote of 2/3 of all the members of
Council, resolve to override the veto.
e.
No ordinance shall be passed, or appointment of any subordinate officer
of the Borough be confirmed, except by a vote of a majority of the
members of the Council present at the meeting, provided that at least
three affirmative votes shall be required for such purpose, the Mayor
voting only in the case of a tie.
f.
If any ordinance contains more than one distinct section, clause
or item, the Mayor may approve one or more thereof and veto the rest.
g.
The Mayor shall nominate and, with the advice and consent of Council,
appoint all subordinate officers of the Borough, unless the specific
terms of the general law clearly require a different appointment procedure.
The Mayor shall make his or her nomination to any such office within
30 days of that office becoming vacant.
h.
The Mayor shall see to it that the laws of the State and the ordinances
of the Borough are faithfully executed. The Mayor shall recommend
to the Council such measures as he or 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.
[See Borough Code § 3-11]
i.
The Mayor shall, at his option, represent the Borough in any ceremonial
activities to which the Borough is invited. In the event that the
Mayor is unable to so represent the Borough, he or she may request
that a member of the Council attend in his stead.
j.
The Mayor shall be a member of the Planning Board (Class I member).
[N.J.S.A. 40:55D-23.]
k.
The Mayor shall have sole power of appointment of members of the
following boards and bodies:
1.
The Planning Board - eight of the nine members, in accordance with
the requirements of the Borough Land Use Ordinance and N.J.S.A. 40:55D-23.
2.
Environmental Commission - all seven members and designate Chair.
[Borough Code § 2-37 and N.J.S.A. 40:56A-1.]
3.
Shade Tree Committee - five to 10 members (one of whom shall be a
member of the Environmental Commission).
[Borough Code § 2-38 and N.J.S.A. 50:64-1.]
l.
The Mayor shall nominate, and appoint only with the advice and consent
of the Council, the members of the following boards:
1.
Board of Health - all seven members.
[Borough Code § 2-36 and N.J.S.A. 26:3-5.]
2.
Local Assistance Commission - all three members.
[N.J.S.A. 44:8-115.]
3.
Recreation Advisory Committee - Between seven and 12 members.
[Borough Code Subsection 2-39.1.]
4.
Library Board of Trustees — The Board of Trustees consists
of from seven to nine members, one of whom shall be the Mayor (or
alternate) and one of whom shall be the Superintendent of Schools
(or alternate). The Mayor shall; appoint the remaining five to seven
members, at least four of whom shall be residents of the Borough.
[N.J.S.A. 40:55-9.]
m.
The Mayor may appoint, with the advice and consent of the Council,
non-standing or special committees, comprised of members of the Governing
Body and/or other persons as circumstances require.
n.
The Mayor shall appoint, with the advice and consent of the Council,
a Borough Attorney, Borough Prosecutor, Borough Public Defender, Borough
Administrator, Construction Official, Subcode Officials, Borough Engineer
and such other officers as the Council may deem necessary. Except
as otherwise provided by law, said officers shall hold office for
one year and until their successors shall have qualified. The Borough
Engineer's term of office shall be three years. (N.J.S.A. 40A:9-140.)
In the event the Mayor does not make a nomination to fill an appointed
office within a period of 30 days after the office becomes vacant
or in the event the Council fails to confirm any nomination as required
above, then upon the expiration of the thirty-day period, the Council,
at its discretion, may appoint said officers by majority vote of the
Council, provided at least three affirmative votes are cast.
[N.J.S.A. 40A:60-6.]
o.
Except as authorized by the Council, this Administrative Code or
the New Jersey Borough Law, N.J.S.A. 40A:60-1, et seq., the Mayor
shall not interfere with the operation or day-to-day management of
any Borough department.
[Ord. No. 94-1005 § 3; Ord. No. 2002-1275; Ord.
No. 2005-1383; Ord. No. 2009-1506 § 1]
The Council shall be the legislative body of the municipality.
a.
The Council may, subject to general law and the provisions of this
act:
1.
Pass, adopt, amend and repeal any ordinance or, where permitted,
any resolution for any purpose required for the government of the
municipality or for the accomplishment of any public purpose for which
the municipality is authorized to act under general law;
2.
Control and regulate the finances of the municipality and raise money
by borrowing or taxation;
3.
Create such offices and positions as it may deem necessary. The officers
appointed thereto shall perform the duties required by law and the
ordinances of the Council. Other than the Borough Attorney, Engineer,
Construction Official, Tax Collector, Assessor, Clerk and other officers
with specific statutory terms, these officers shall serve at the pleasure
of the Council. Except where specifically required by law, no Borough
officer shall be required to be a resident of the Borough;
4.
Investigate any activity of the municipality;
5.
Remove any officer of the municipality, other than those officers
excepted by law, for cause; and
6.
Override a veto of the Mayor by a 2/3 majority of all the members
of the Council.
b.
The Council shall have all the executive responsibilities of the
municipality not placed, by general law or this Code, in the office
of the Mayor.
c.
The Council, whenever it fails to confirm the nomination by the Mayor
of any official to a subordinate office of the Borough within 30 days
of being presented such nomination, shall make the appointment to
that office, 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.
d.
The Council shall appoint one of its members to the Planning Board
(Class III).
[N.J.S.A. 40:55D-23.]
f.
The Council shall appoint a Borough Clerk (N.J.S.A. 40A:9-133) and
Chief Financial Officer (N.J.S.A. 40A:9-140.1) and other officers
pursuant to State law.
g.
The Council shall appoint one of its members, or the Mayor or a Borough
employee as a Fund Commissioner to the Suburban Municipal Joint Insurance
Fund. In addition, the Council shall appoint an alternate to attend
meetings and exercise the full force and authority of the Fund Commissioner
in his or her absence.
h.
The Council's authority may only be exercised by a quorum at a meeting
which has been noticed in compliance with the Open Public Meetings
Act. No Council committee and no individual Council member or members
may exercise the Council's legislative or administrative authority
and no individual Council member shall interfere with the operations
or day-to-day management of any Borough department or with the activities
or operations of any outside contractor performing services on behalf
of the Borough.
i.
The Borough Administrator or a department head may request that any
directive or request from an individual member of the Council, or
a Council committee be in writing if the Borough Administrator or
department head feels that there is a potential conflict of interest
or that such directive or request has not been properly authorized
by the full Council. If the Borough Administrator or department head
is still not satisfied after receiving a written directive, or if
no written directive is provided, he or she shall submit the matter
to the full Council for direction. Directives from individual Council
members to other Borough employees who are not department heads, are
strictly prohibited.
[Ord. No. 94-1005 § 3; Ord. No. 2002-1275; Ord.
No. 2005-1383]
a.
A vacancy occurring in the office of the Mayor or any member of the
Council shall be filled in the manner provided by the "Municipal Governing
Body Vacancy Law."
[N.J.S.A. 40A:16-1, et seq.]
b.
The office of a Mayor or a member of the Governing Body of a municipality
shall be deemed vacant:
1.
Upon its being so declared by judicial determination;
2.
Upon the filing by such officer of his written resignation;
3.
Upon the refusal of a person elected or appointed to such office
to qualify or serve;
4.
Upon the determination of the Governing Body that such officer shall
have become physically or mentally incapable of serving;
5.
Upon the death of such officer;
6.
Upon the determination of the appointing authority that, in violation
of a lawful residency requirement, such officer no longer resides
within the corporate limits of the Borough;
7.
Whenever the officer, without being excused by a majority of the
authorized members of the Governing Body, fails to attend and participate
at meetings of the Governing Body for a period of eight consecutive
weeks, at the conclusion of such period; provided, further, that the
Governing Body may refuse to excuse only with respect to those failures
to attend and participate which are not due to legitimate illness;
8.
Upon the removal of such officer for cause in accordance with law,
or for any other reason prescribed by law.
[Ord. No. 94-1005 § 3; Ord. No. 2002-1275; Ord.
No. 2005-1383; Ord. No. 2005-1386; Ord. No. 2007-1453 § 1; Ord. No. 2009-1506 § 2]
a.
At its annual reorganization meeting, the Council shall, by the vote
of a majority of its number, elect a President of the Council, who
shall preside at all its meetings when the Mayor does not preside.
The President of the Council shall hold office for one year and until
the next annual meeting. The President shall have the right to debate
and vote on all questions before Council. If the Council fails to
elect a President at the annual meeting, the Mayor shall appoint the
President from the Council and, in that case, no confirmation by the
Council shall be necessary.
b.
The President of the Council shall perform all the duties of the
Mayor during any period in which the Mayor is absent from the Borough
for three days or more or is unable to perform the duties of his office.
Where such absence is intended, the President of the Council shall
become the Acting Mayor until the Mayor's return. If the President
of the Council is unable to perform the duties of the Acting Mayor,
then the member of Council with the longest term of service may act
temporarily for the President of the Council.
c.
Three Councilmen and the Mayor or, in the absence of the Mayor, four
Councilmen shall constitute a quorum for transacting business.
d.
The Council may, at its annual meeting, establish for its members
such committees of the Council as will assist it for the ensuing year,
and determine liaison responsibilities for its members for other municipal
boards and committees. The Council may establish additional committees
at any time during the year. Furthermore, the Council may reconstitute
the membership of an existing committee or change the liaison responsibilities
of its members to other boards and committee during the year but only
for the following reasons and only by a vote of a majority of its
full membership:
1.
If there is a request by a majority of a committee that its membership
be reconstituted because they have determined that:
(a)
An individual member, without the authorization of either the
committee or the Council, has interfered with the day-to-day operations
or day-to-day management of any Borough department under the jurisdiction
of that committee;
(b)
An individual member, without the authorization of either the
committee or the Council, has interfered with the activities or operations
of any outside contractor performing services on behalf of a department
under the jurisdiction of that committee; or
(c)
An individual member's actions are detrimental to the work of
the committee; or
2.
If the Council, on its own initiative, determines that:
(a)
An individual member of a committee, without the authorization
of either the committee or the Council, has interfered with the day-to-day
operations or day-to-day management of any Borough department under
the jurisdiction of that committee;
(b)
An individual member, without the authorization of either the
committee or the Council, has interfered with the activities or operations
of any outside contractor performing services on behalf of a department
under the jurisdiction of that committee; or
(c)
An individual member's actions are detrimental to the work of
the committee.
3.
No action shall be taken against a Council member unless written
charges of the cause of complaint have been preferred against such
member and signed by the person making such charges, or the complainant
appears before the full Council and makes such charges in person.
After the complaint is received, the Borough Clerk shall set the matter
down for hearing and serve written charges upon the member of Council
so charged, with notice of the designated time and place for the hearing
thereon, which shall commence no sooner than 10 days nor later than
30 days from the service of the complaint. At the hearing such Council
member may be represented by counsel.
The member so charged shall have the right to present the testimony
of witnesses and to offer documentary evidence for the Council's consideration
along with any evidence submitted by or on behalf of the complainant.
The complainant may also testify at the hearing if he or she so chooses,
or if requested to do so by the Council. The hearing shall be held
in public, except that the Council (excluding the member who is the
subject of the hearing), to the extent permitted by the Open Public
Meetings Act (N.J.S.A. 10:4-8 et seq.), may meet in executive session
to deliberate. Any decision of the public shall be rendered in public.
Under the Borough Law (N.J.S.A. 40A:60-6), the Council has the
authority to investigate any activity of the Borough, which means
that it has the right, pursuant to N.J.S.A. 2A:67-1 et seq., to exercise
the power of subpoena to compel the attendance and testimony of witnesses
and the production of books, papers, documents or tangible things
at the hearing. If a person under such subpoenas shall refuse or fail
to appear or refuse to be examined, or to answer any proper question,
or to produce any books, papers, documents or tangible things, in
accordance with the subpoena, the Council may apply to the Superior
Court for an order to compel such person to do so. If the person under
subpoena shall engage in contemptuous conduct at any such hearing,
investigation or inquiry, the Council may apply to the court to compel
such person to refrain therefrom. The governing body may prescribe
such other rules and regulations for the conduct of the hearing as
it deems appropriate. The governing body reserves the right to make
certain decisions in its sole discretion whether there is sufficient
merit in hearing the complaint, including reserving the right in its
sole judgment to dismiss the complaint due to reasons such as insufficient
or upon determination the complaint is without foundation.
e.
The Council shall hold such other meetings, at such time and place
as it may by resolution direct, but all regular meetings shall be
held within the Borough.
f.
The Mayor shall, when necessary, call special meetings of the Council.
In case of his neglect or refusal, any four members of the Council
may call such meeting at such time and place in the Borough as they
may designate, and in all cases of special meetings, notice shall
be given to all the members of the Council, or left at their places
of residence.
g.
The Clerk shall prepare meeting agendas in consultation with the
Mayor and Council President.
h.
The Chief of Police shall attend Council meetings when requested
to do so by the Mayor or Council.
i.
Committees:
1.
The Council shall be structured as a committee-of-the-whole except
that the Council may organize itself into the standing committees
set forth below. Each standing committee may include Council members,
the Mayor or any other Borough employees or officials deemed appropriate
by the Council, and shall be appointed by the Council at each annual
reorganization meeting, or when vacancies occur, or when the Council
determines that it wants to increase the number of members of a particular
standing committee. The Council, in its sole discretion, may have
the Council, as a committee-of-the-whole, perform the duties of any
of the standing committees set forth below. Any meetings of the committee-of-the-whole
or any standing committee with four or more members of the governing
body held outside of regular Council meetings must be noticed and
must comply with all requirements of the Open Public Meetings Act.
In the case of a vacancy on the governing body or a committee, replacements
may be named to fill committee vacancies.
(a)
Public Safety Committee - shall serve as liaison with the Chief
of Police and shall advise the Council of departmental matters which
are of interest to or require governing body action.
(b)
Finance Committee - shall monitor and review the budget and
other financial matters and make recommendations to the entire Council.
(c)
Organizational Development and Personnel Committee shall perform
the following duties:
[Amended 5-10-2021 by Ord. No. 2021-1879]
(1)
Review the official organization chart and submit to Council
for approval.
(2)
Develop and amend as needed, a list of core organizational values
for Council approval.
(3)
Review annual reports.
(4)
Work with Business Administrator to identify benchmarks and
identify Key Performance Indicators.
(5)
Develop an orientation program for onboarding volunteer committee
members and newly elected officials.
(6)
Review and recommend changes to the administrative code as warranted
to promote excellence in governance and public administration.
(7)
Monitor organizational safety and risk management efforts.
(8)
Serve as a resource for the Borough Administrator when making
key personnel decisions.
(d)
Engineering and Public Works Committee - shall review and monitor
all public works projects and other matters handled by the Borough
Engineer and Public Works Departments and make recommendations to
the entire Council.
2.
Each standing committee shall meet at least quarterly.
3.
Each committee may elect a chair and a vice chair.
4.
The Council may designate an ad hoc committee of its members by a
majority vote at a properly constituted regular, special or work meeting
for any other specific purpose.
[Ord. No. 94-1005 § 3; Ord. No. 2002-1275; Ord.
No. 2005-1383; Ord. No. 2016-1726]
a.
The Mayor and Council members shall hold an annual organizational
meeting within the first seven days of January of each year, at which
time they shall make appointments and determine committee assignments
in accordance with this Code.
b.
The Mayor may call special meetings of the Council, or any four members
of the Council may call such meetings, upon proper notice to all members
of the Council and to the public in accordance with the Open Public
Meetings Act, N.J.S.A. 10:4-6, et seq. and N.J.S.A. 40A:60-3.
c.
Three Council members and the Mayor, or in the absence of the Mayor,
four Council members constitute a quorum for the transaction of business,
but a smaller number may meet and adjourn from time to time.
[N.J.S.A. 40A:60-3.]
d.
Regular public meetings of the Council shall be held at least once
a month in the Council chambers at the Municipal Building, Mine Brook
Road, Bernardsville, N.J., on dates established by the governing body
at its reorganization meeting. The dates set at the reorganization
meeting may be changed in compliance with the Open Public Meetings
Act.
e.
Work meetings for review of the regular meeting agenda may be held
on dates established by the governing body at its annual reorganization
meeting. The dates set at the reorganization meeting may be changed
in compliance with the Open Public Meetings Act. Work meetings shall
be considered regular meetings for purposes of taking action and shall
be noticed as such in accordance with the provisions of the Open Public
Meetings Act, N.J.S.A. 10:4-5, et seq.
f.
Work meetings may be called in the same manner as special meetings.
g.
A Committee meeting may be called at any time upon proper notice
to all members, and to the public when required by the Open Public
Meetings Act, N.J.S.A. 10:4-5, et seq.
h.
In the event a special meeting is called as in paragraph b above,
proper notice to all Council members and the Mayor shall be in writing,
addressed and delivered to each member of the Council, and shall state
the purpose for the special meeting and the time and place when it
shall be held. Except in cases of emergency or to preclude substantial
harm to the public interest, service of such notice shall be made
on each member of the governing body by personal service, facsimile
or electronic mail at least 48 hours prior to the scheduled special
meeting. If such a meeting is announced during a work agenda meeting
or a regular monthly public meeting, then the requirement for service
shall be deemed to have been fulfilled providing any absent member
is notified as above. Any member of the governing body may waive notice
of any special meeting. The attendance of a member of the governing
body at a special meeting shall constitute a waiver of notice of such
meeting except when a member of the governing body attends a meeting
for the express purpose of objecting to the transaction of any business
because the meeting was not lawfully called or convened pursuant to
the Open Public Meetings Act. The requirements of this subsection
shall not apply to any meeting which is held as a continuation of
a regular public meeting or a work agenda meeting, provided public
announcement is made at the time of such meeting and scheduled by
the terms of the motion of adjournment of said meeting. In the case
of special meetings which have been scheduled with less than 10 days'
notice, members of the governing body may attend that special meeting
remotely under the conditions set forth in paragraph k below.
[Amended 5-23-2022 by Ord. No. 2022-1915]
|
Adjourned meetings shall be regarded as a continuation of a
regular public meeting, but shall require notification as special
meetings and such further notice as may be required by the Open Public
Meeting Act.
|
i.
If it is determined that a regular public meeting, work meeting,
or special meeting called on 10 or more days' notice, will have to
be cancelled because of a lack of quorum, members of the governing
body may attend that meeting remotely under the conditions set forth
in paragraph k below.
[Amended 5-23-2022 by Ord. No. 2022-1915]
j.
Members of the Council and the Mayor may attend not more than two
regular meetings per calendar year remotely under the conditions set
forth in paragraph k below.
If the Mayor attends a meeting remotely pursuant to this section,
then the Council President shall preside at the meeting. If both the
Mayor and Council President are attending the meeting remotely or
are not present, the senior member of the Council shall preside at
the meeting.
[Added 5-23-2022 by Ord. No. 2022-1915]
k.
Remote attendance at meetings pursuant to paragraphs h, i and j above
shall be permitted only if all of the following conditions are satisfied:
[Added 5-23-2022 by Ord. No. 2022-1915]
1.
All requirements of the Open Public Meetings Act N.J.S.A. 4:10-8
et seq. are met.
2.
The member or members of the governing body attending the meeting
remotely can be heard by all other members of the governing body whether
they are attending the meeting in person or electronically as well
as members of the public in attendance at the meeting who are attending
the meeting either in person or electronically.
3.
The member or members of the governing body attending the meeting
remotely are able to hear comments by other members of the governing
body as well as members of the public.
If technological problems prevent participation by those members
of the governing body who are not physically present at the meeting,
the meeting shall be held without them as long as there is a quorum
present in person to conduct the meeting, or unless a majority of
those present in person vote to adjourn the meeting.
[Ord. No. 94-1005 § 3; Ord. No. 2002-1275; Ord.
No. 2005-1383]
b.
Agenda work meetings shall involve a review of the agenda items to
be taken up by the Council at its next regular public meeting and
shall be informally guided by the presiding officer.
c.
Committee meetings shall be conducted according to their own rules
and presided over by the Chairperson. Such committees shall have no
authority to introduce or pass ordinances or Council policy memoranda.
They may propose ordinances or policy which shall be subject to the
approval of the full Council.
d.
Except as provided by Subsection b. of N.J.S.A. 10:4-12, all meetings of the governing body shall be open to the public at all times. Nothing in this section shall be construed to limit the discretion of the Mayor and governing body to permit, prohibit or regulate the active participation of the public in any meeting, except that the Mayor shall be required to set aside a portion of every meeting of the governing body, the length of the portion to be determined by the governing body, for public comment on any governmental issued that a member of the public feels may be of concern to the residents of the municipality. Ordinarily, speakers during the open session of a meeting shall be limited to five minutes each. That time limit, however, may be modified by the Mayor (or chair of the meeting) or by a motion of the Council to override the Mayor or chair.
e.
Questions on parliamentary procedure that arise in connection with the conduct or meetings under Subsection a above, shall be referred by the presiding officer to the Borough Attorney, herein designated as the Parliamentarian.
f.
The order of business at regular public meetings shall be as follows:
1.
Call meeting to order.
2.
Statement of Presiding Officer.
[N.J.S.A. 10:4-6, et seq.]
3.
Pledge of Allegiance and optional opening message.
4.
Presentations.
5.
Approval of minutes.
6.
Open session.
7.
Ordinances.
8.
Resolutions.
9.
Report of Municipal Attorney.
10.
Council Committee reports.
11.
Items of business.
12.
Open session.
13.
Closed session (if needed).
14.
Adjournment.
g.
The order of business may be individually set by the Clerk or presiding
officer to suit the specific needs of such meetings, provided that
the public shall always have at least one opportunity to be heard.
[Ord. No. 2005-1383]
When members of the governing body communicate with groups of
four or more outside the confines of a duly noticed meeting, they
should be cognizant of the requirements of the Open Public Meetings
Act N.J.S.A. 4:10-8 et seq. E-mail is a useful tool for communicating,
however, it also has a greater potential than other means of communication
for inadvertent violations of the Open Public Meetings Act. It is
difficult to set specific rules for such communications, but in general,
members of the governing body should not by e-mail or otherwise take
actions outside of a properly noticed meeting which amount to a de
facto meeting. Most such emails, except those that are protected by
attorney-client privilege or some other exception set forth in the
Open Public Meetings Act such as matters involving pending or anticipated
litigation, contract negotiations, labor negotiations or someone's
privacy rights, may be considered public records and may have to be
produced pursuant to the Open Public Records Act (OPRA).
[Ord. No. 94-1005 § 4; Ord. No. 2002-1275; Ord.
No. 2005-1383]
A member of the Council may make a procedural motion in accordance
with Table I.[1] The number in parenthesis following the motion refers
to Table II, Order of Precedence.[2] The order of listing in Table II gives the precedence
of motions. No motion may be acted upon while another of higher precedence
is pending.
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Table I
| |||||
|---|---|---|---|---|---|
|
Parliamentary Procedure
| |||||
|
Borough of Bernardsville
| |||||
|
(Subsection 2-2.9)
| |||||
|
Motion
|
Needs Second
|
Debate Allowed
|
Amendments
|
Vote Required
| |
|
Introduce Item for Action
|
Main motion (18)
|
Yes
|
Yes
|
Yes
|
Majority
|
|
Modify Motion (1)
|
Amend (16)
|
Yes
|
Yes
|
Once
|
Majority
|
|
Modify Motion (2)
|
Divide the question (10)
|
Yes
|
No
|
Yes
|
Majority
|
|
Modify the Motion (3)
|
Refer to Committee (15)
|
Yes
|
Yes
|
Yes
|
Majority
|
|
Defer Action (1)
|
Postpone (14)
|
Yes
|
Yes
|
Yes
|
Majority
|
|
Defer Action (2)
|
Table (12)
|
Yes
|
No
|
No
|
Majority
|
|
Defer Action (3)
|
Refer to Committee (15)
|
Yes
|
Yes
|
Yes
|
Majority
|
|
Prevent Action (1)
|
B/F debate: Object to consideration (11)
|
No
|
No
|
No
|
2/3 Majority
|
|
Prevent Action (2)
|
After debate: Postpone indefinitely (17)
|
Yes
|
Yes
|
No
|
Majority
|
|
Reject the Question (1)
|
B/F debate: Object to consideration (11)
|
No
|
No
|
No
|
2/3 Majority
|
|
Reject the Question (2)
|
Move previous question or close debate (13)
|
Yes
|
No
|
No
|
2/3 Majority
|
|
Reject the Question (3)
|
After debate: Postpone indefinitely (17)
|
Yes
|
Yes
|
No
|
Majority
|
|
Consider Question a 2nd Time (1)*
|
Take from the table (12)
|
Yes
|
No
|
No
|
Majority
|
|
Consider a Question a 2nd Time (2)
|
Reconsider (19)
|
Yes
|
Yes
|
No
|
Majority
|
|
Consider a Question a 2nd Time (3)
|
Rescind previous action (w/o notice) (20)
|
Yes
|
Yes
|
No
|
2/3 Majority
|
|
Consider a Question a 2nd Time (4)
|
Rescind previous action (w/notice) (20)
|
Yes
|
Yes
|
No
|
Majority
|
|
Vote on the Question (1)
|
Call for a vote (10)
|
No
|
No
|
No
|
Majority
|
|
Vote on the Question (2)
|
Move previous question or close debate (13)
|
Yes
|
No
|
No
|
2/3 Majority
|
|
Reopen Main Question to Debate
|
Reconsider (19)
|
Yes
|
Yes
|
No
|
Majority
|
|
Correct Mistake in Proceedings
|
Point of order (5)
|
No
|
No
|
No
|
None
|
|
Propose Action Which Violates Procedural Rule
|
Suspend the rules (7)
|
Yes
|
No
|
No
|
2/3 Majority
|
|
Challenge Decision of Chair
|
Appeal (6)
|
Yes
|
No
|
No
|
Majority
|
|
Table II
| |
|---|---|
|
Order of Precedence
| |
|
Borough of Bernardsville
| |
|
(Subsection 2-2.9)
| |
|
1.
|
Fix time of next meeting
|
|
2.
|
Adjourn
|
|
3.
|
Questions of privilege
|
|
4.
|
Call for orders of the day
|
|
5.
|
Points of order/information
|
|
6.
|
Appeals
|
|
7.
|
Suspend the rules
|
|
8.
|
Create special orders
|
|
9.
|
Withdraw a motion
|
|
10.
|
Call for a vote/divide the question
|
|
11.
|
Objection to consideration
|
|
12.
|
Table/take from table
|
|
13.
|
Move previous question or close debate
|
|
14.
|
Postpone to certain day/time
|
|
15.
|
Refer to Committee
|
|
16.
|
Amend
|
|
17.
|
Postpone indefinitely
|
|
18.
|
Main motion
|
|
19.
|
Reconsider
|
|
20.
|
Rescind previous action
|
[Ord. No. 94-1005 § 3; Ord. No. 2002-1275; Ord.
No. 2005-1383]
a.
Ordinances submitted for introduction by motion on first reading
shall be submitted in writing at a meeting of the Council preferably
not less than seven days prior to the date of proposed introduction.
[N.J.S.A. 40:49-2(a)]
b.
Ordinances after being introduced on first reading, which first reading
may be by title, shall be published according to law, and a date shall
be fixed for a second reading, public hearing and final or other action.
Final passage thereof shall be at least 10 days after the first reading.
[N.J.S.A. 40:49-2(b)]
c.
At the time and place stated in the publication, or at any time and
place in which the meeting for the further consideration of the ordinance
shall from time to time be adjourned, all persons interested shall
be given an opportunity to be heard concerning the ordinance, which
shall include the right to ask pertinent questions concerning the
ordinance, by any resident of the municipality or any other person
affected by the ordinance.
[N.J.S.A. 40:49-2(b)]
d.
Subsequent to publication, second reading, which reading may be by
title, and public hearing, the ordinance may be passed with or without
amendments, or rejected. If any amendment be adopted substantially
altering the substance of the ordinance, the ordinance as so amended
shall not be finally adopted until at least one week thereafter, as
in the manner provided by law. (N.J.S.A. 40:49-2(c).) The Mayor shall
open and close the public hearing, except that the Council may extend
the public comment period by motion.
e.
Except as otherwise provided by law, no ordinance shall be finally
adopted unless by a vote of a majority of the members of the Council
present at the meeting, provided at least three affirmative votes
are cast.
[N.J.S.A. 40A:60-5c.]
f.
After the passage of each ordinance, it must be presented to the
Mayor within a period of five days, Sundays excepted, for his approval.
If an ordinance is approved by the Mayor, he shall sign and file it
with the Borough Clerk.
[N.J.S.A. 40A:60-5.]
g.
The Mayor may disapprove the ordinance and return it to the Borough
Clerk within 10 days, Sundays excepted, after its receipt by him with
his written objections, and the Council shall at its next meeting
cause the objections to be entered at length on its minutes, and proceed
to reconsider the ordinance. If 2/3 of all the Councilmen shall at
the next meeting as aforesaid, or at any subsequent meeting to which
they shall postpone such reconsideration, vote to pass the ordinance
or the vetoed part thereof over the veto of the Mayor said ordinance
shall take effect.
[N.J.S.A. 40A:60-5.]
h.
In the event an ordinance is not returned by the Mayor within the
period of 10 days as aforesaid, it shall take effect as if it had
been approved.
[N.J.S.A. 40A:60-5.]
i.
Ordinances introduced in any calendar year shall be finally acted
upon within the same calendar year.
j.
Ordinances that are subject to review and recommendation of the Planning
Board may formally be referred to such Board prior to introduction
and must be referred prior to the public hearing.
[N.J.S.A. 40:55D-26 and N.J.S.A. 40:55D-64.]
[Ord. No. 94-1005 § 3; Ord. No. 2002-1275; Ord.
No. 2005-1383]
a.
In the performance of their duties, the conduct of elected officials
and those appointed officials and employees of the Borough under the
supervision of the Mayor and Council shall be in the highest standards
of courtesy and public service.
b.
Complaints against Borough officials or employees shall be filed
with the Local Finance Board in the New Jersey Department of Community
Affairs pursuant to the Local Government Ethics Law, N.J.S.A. 40A:9-22.1
et seq.
c.
During the course of any Council, committee or subcommittee meeting,
the participants therein shall not use profane or abusive language,
nor shall they confer in groups of two or more in such a manner as
to interfere with the business being transacted.
d.
The presiding officer of any meeting shall have authority consistent
with principles of parliamentary procedure and due process of law
to maintain proper decorum and declare any person's speech or conduct
to be out of order. In the event the person being addressed shall
continue to speak or conduct himself in a manner as to disrupt the
meeting, the presiding officer may have the offending party removed
from the meeting room as a disorderly person.
e.
All officials shall adhere to the Code of Ethics for Local Government
Officers or Employees set forth in N.J.S.A. 40A:9-22.5.
f.
Charges of misconduct or failure to perform faithfully the duties
of office or employment that do not fall within the preview of the
Local Finance Board, nor are such as to call for criminal or civil
action, may be considered by the full Council for purposes of public
censure, or in the case of an employee, for such action that is consistent
with existing personnel policy.
[Ord. No. 2010-1565]
Any person elected as Mayor or Council Member shall, within
six months of taking office, take at least five hours of courses offered
by the Rutgers Center for Government Services, the New Jersey State
League of Municipalities and other similar organizations in the areas
of municipal government, municipal finance, planning and zoning, public
contracts, labor relations, taxation and other relevant subject areas
that will make them better elected officials. All members of the governing
body are encouraged to take additional educational courses throughout
their terms of office.
[Ord. No. 11-1594]
a.
Any and all matters properly discussed in executive or closed session
of the governing body, from which the public is excluded pursuant
to the Open Public Meetings Act, at N.J.S.A. 10:4-12, shall be deemed
confidential.
b.
Matters discussed in executive session and other Borough records
pertaining to those areas described in N.J.S.A. 10:4-12 shall not
be disclosed to anyone by an individual member or members of the governing
body. This section does not affect release of public records by the
Borough Clerk pursuant to OPRA.
c.
At each annual reorganization meeting, each member of the governing
body including the Mayor and all Council members, as well as the Borough
Clerk, the Borough Administrator, the Borough Attorney and all other
Borough officials and employees who attend executive session meetings,
shall sign a pledge affirming that he or she will not divulge any
confidential matter until its release is authorized by a vote of a
majority of the governing body.
d.
Any member of the governing body or any other Borough official or employee, who violates any of the provisions of this subsection shall be subject to the penalties set forth in § 1-5 of the Borough Code. In addition, any such member of the governing body or other official or employee shall be subject to censure, exclusion from executive sessions, or other appropriate action by the governing body.
[Ord. No. 94-1005 § 3; Ord. No. 2002-1275; Ord.
No. 2005-1383]
a.
Except
as otherwise provided by law, the terms of office of all elective
officers shall commence at 12:00 noon on January 1 next succeeding
their election and continue for the terms prescribed by law, except
the term of office of the Assessor shall commence on July 1 next following
his election or appointment and continue for the prescribed number
of years.
[N.J.S.A. 40A:9-156.]
b.
The
terms of office of all officers appointed by the Mayor or by the governing
body, except to fill vacancies, shall commence on January 1 of the
year in which they are appointed and continue for the terms prescribed
by law.
c.
No
appointment of any officer shall be made by the Mayor or by the governing
body where the term of the office is to commence after the expiration
of the term of the officer making the appointment or of any member
of the governing body.
[N.J.S.A. 40A:9-156.]
d.
Upon
taking his or her oath of office for the first time, a Mayor or a
member of the governing body shall be deemed to have resigned from
all other Borough positions or offices to which he or she had previously
been appointed. Such Mayor or member of the Council may be appointed
to fill those or any other vacancies, if eligible.
[Ord. No. 2005-1383; amended 9-23-2019 by Ord. No. 2019-1818]
In addition to referring capital projects to the Borough Planning
Board for review as required by the Municipal Land Use law at N.J.S.A.
40:55D-31, the governing body, before constructing any new municipal
building or undertaking any significant improvements to any other
Borough park or facility (except for public safety communications
towers), shall file an application with the Planning Board for site
plan approval, subdivision approval or "c" variance just as any private
applicant would. This section does not require the governing body
to obtain "d" variances from the Borough Zoning Board of Adjustment
for any municipal capital project. Moreover, this requirement may
be repealed by any subsequent governing body or ordinance, subject
only to the then current requirements of the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq. For purposes of this section, "public safety
communications tower" means a wireless communications support structure
owned and operated by a public agency and used exclusively for police,
fire, emergency medical services, 9-1-1 or other public emergency
communications.
[Ord. No. 94-1005 § 3; Ord. No. 2002-1275; Ord.
No. 2005-1383]
a.
Except
as otherwise provided herein, this Administrative Code shall not be
altered, amended or repealed except by ordinance of the governing
body.
b.
To
the extent that this Administrative Code is inconsistent with State
statute, said statute is deemed to be controlling and this Administrative
Code amended accordingly.
