[Ord. No. 1991-1 § 2-1]
All legislative power of the Borough shall be exercised by the Borough Council pursuant to the Charter except as may be otherwise provided by general law. The Borough Council, in addition to such other powers and duties as may be conferred upon it by the Charter or otherwise by general law, may require any municipal officer to prepare and submit sworn statements regarding his or her official duties and the performance thereof and may investigate the conduct of any department, office or agency of the municipal government.
[Ord. No. 1991-1 § 2-2]
The Council shall consist of the Mayor and four Council members. Members of the Council shall be elected at large by the voters of the Borough and shall serve for a term of three years beginning on the first day of January next following their election, with the exception of the first members of Council elected under the new Small Municipality Plan (N.J.S.A. 40:69A-115 et seq.), which members shall be elected as provided for by the provisions of N.J.S.A. 40:69A-117.2. The Mayor shall be elected, however, for a term of four years beginning on the first day of January next following his or her election.
[Ord. No. 1991-1 § 2-3]
a. 
Presiding Officer. The Mayor shall preside over all meetings of the Borough Council and shall participate and vote as other Council members.
b. 
Council President. The Council annually shall select from among its members a Council President, who shall serve in the place of the Mayor in the event of his or her absence, disability or refusal to act as Acting Mayor.
c. 
Quorum. A majority of the whole number of the Borough Council shall constitute a quorum for the transaction of business.
d. 
Committees. The Mayor may appoint and designate committees of the Council, including a Finance Committee pursuant to N.J.S.A. 40:69A-123.
e. 
Clerk of the Council. The Borough Clerk shall serve as Clerk of the Borough Council, and shall be appointed and serve pursuant to statute. He/she shall attend and keep the minutes of all meetings of the Borough Council. The minutes shall be signed by the Clerk, subject to the approval of the Borough Council.
1. 
The Clerk shall record all ordinances of a permanent character in books to be provided for that purpose. After each ordinance he or she shall also record and certify the proof of publication thereof as required by law. Each ordinance so recorded shall be signed by the Mayor, and the Clerk, who shall attest that it was duly adopted upon a date stated. 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 as herein required shall not impair or affect the validity of any ordinance which has been duly adopted.
2. 
At the close of each year, or sooner, the Clerk, with the advice and assistance of the Borough Attorney, shall bind, compile or codify all the ordinances, or true copies thereof, which then remain in force and effect. He or she shall also properly index and certify the record books, compilation or codification of ordinances. The Borough Council may arrange for the rendering of the Clerk's services by a consulting firm.
3. 
The Clerk shall cause custody of and safely keep all records, books and documents of the Borough, except those committed by ordinance to any other office or transferred thereto by the Borough Council. He or she shall, on request and the payment of the fees prescribed therefor by resolution of the Borough Council or state statute for the use of the Borough, furnish a certified copy of any such public document as defined by statute in his or her custody under the Corporate Seal of the Borough.
4. 
The Clerk shall cause the Corporate Seal of the Borough to be affixed to instruments and writings when authorized by ordinance or resolution of the Borough Council or when necessary to exemplify any document on record in his or her office or to certify any act or paper which, from the records in his or her office, shall appear to have been a public act of the Borough or a public document. He or she shall not affix the seal or cause or permit it to be affixed to any other instrument, writing or other paper unless required by law or ordinance.
5. 
The Clerk, subject to the supervision of the Mayor and Borough Council, shall:
(a) 
Except as otherwise provided by this Revision, be the depository and custodian of all official surety bonds, letters of credit or negotiable instruments furnished by or on account of any officer or employee, except his or her own bond, which shall be placed in the custody of the Chief Financial Officer; of all insurance policies upon or with respect to risks insured for the benefit of the Borough or to protect it against any claim, demand or liability whatsoever; and all formal contracts for work, labor, services, supplies, equipment and materials to which the Borough may be a party.
(b) 
Be the depository for and have custody of all performance bonds running to the Borough as obligee, or any other form of security given by any contractor, subdivision developer or other persons on account of work done or to be done in or for the Borough.
(c) 
Have custody of all deeds and leases of property owned by the Borough.
(d) 
Report to the Borough Council annually, at such time as it may require, on the coverage, expiration date and premium of each surety bond and contract of insurance and the nature and terms of outstanding public leases, the rent received by each and their respective expiration dates.
(e) 
Perform such other duties as assigned to him or her by the Mayor and/or the Mayor and Borough Council.
[Ord. No. 1991-1 § 2-4]
Vacancies in the office of Mayor and Council shall be filled in the manner provided by the Municipal Vacancy Law (N.J.S.A. 40A:16-1 et seq.).
[Ord. No. 1991-1 § 2-5]
The Borough Council will at its annual reorganization meeting as provided for hereinafter select a Council President of the Council from among its members (other than the Mayor). The Mayor shall preside over all meetings of the Council. In the absence of the Mayor, the Council President shall preside. In the absence of the Mayor and Council President, the Borough Council shall select a temporary presiding officer from among its members.
[Ord. No. 1991-1 § 2-6]
a. 
Reorganization Meeting. The Borough Council shall hold a reorganization meeting at 12:00 noon on January 1 of each year or at some other hour on any day during the first week in January as the Council may by resolution fix.
b. 
Regular Meetings. At the annual reorganization meeting, the Borough Council shall, by Resolution, designate the time and place of holding regular meetings, which shall be at least monthly, unless cancelled or adjourned.
c. 
Special Meetings.
1. 
Special meetings may be called by the Mayor at any time or shall be called by the Mayor upon the written request of a majority of the Borough Council members. Such request shall be in writing and signed by a majority of the members of Council and shall specify the purpose for which such meeting is to be called. No business shall be transacted at any special meeting other than that specified in the request.
2. 
Upon receipt of any such request, the Mayor shall promptly direct the Clerk to serve notice, in writing, of such special meeting upon each member of the Council at least 48 hours prior to the time for which the meeting is called and to serve all notices required by the Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.). The notice shall designate the purpose of the special meeting, and that no other business shall be conducted.
d. 
Emergency Meetings.
1. 
Should the Mayor or a majority of the Borough Council determine that a state of emergency exists which is of such urgency and importance that the delay necessary to call a special meeting would be likely to result in substantial harm to the public interest, the Mayor or a majority of the Council may call an emergency meeting.
2. 
The call shall be filed with the Clerk at any time not less than one hour prior to the time set for the emergency meeting and shall be signed by the Mayor or a majority of the Council and shall designate the purpose of the emergency meeting.
3. 
Whenever an emergency meeting is called, the Clerk shall forthwith cause written notice to be served upon each member of the Borough Council at his or her place of residence or at his or her regular place of business by leaving a copy thereof with the Council member personally or with a responsible adult, that notice stating the date, time and place of the meeting and the purpose for which the meeting is called. Such written notice shall not be required if a written waiver of notice is executed by all members of the Borough Council. The Police Department shall cooperate fully with the Clerk in serving such notice.
4. 
At the time and place of the emergency meeting, the meeting may proceed upon the affirmative vote of 2/3 of the members present 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 substantial harm to the public interest.
(b) 
The meeting is limited to discussion of and acting with respect to such matters of urgency and importance.
(c) 
Notice of such meeting in accordance with N.J.S.A. 10:4-6 is provided as soon as possible following the calling of such meeting; and
(d) 
Either the Borough 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 reasonably have foreseen the need for such meeting at a time when adequate notice could have been provided, it nevertheless failed to do so.
e. 
Executive Session. The Borough Council shall not exclude the public from any meeting or portion thereof unless:
1. 
The matter to be discussed is enumerated in N.J.S.A. 10:4-12b(1) through (9); and
2. 
The Council has passed a resolution at a meeting to which the public shall be admitted:
(a) 
Stating the general nature of the subject to be discussed; and
(b) 
Stating as precisely as possible the time when and the circumstances under which the discussion conducted in closed session of the Council can be disclosed to the public.
[Ord. No. 1991-1 § 2-7; Ord. No. 2006-17 § I]
a. 
Agenda. The agenda for each regular meeting of the Borough Council shall be prepared by the Clerk and made available to the Council members at least 24 hours prior to the opening of the meeting, whenever practicable. Written notice of changes in the agenda shall be made available to each Council member prior to or at the time of convening of a meeting. Except for an emergency matter which may be added at any time with the approval of the Mayor, the agenda may include only such matters of Council business as have been presented or delivered to the Clerk not later than 48 hours prior to the start of the meeting, whenever practicable.
b. 
Consent Agenda. Items of business, excluding ordinances and as otherwise provided by law, which the Borough Council has unanimously 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, upon a single motion and approval thereof by vote of a simple majority of the Borough Council. The "consent agenda" section of the agenda shall be preceded by an explanatory note substantially set forth as follows: "All matters listed under item 'Consent Agenda' are considered routine by the Borough Council and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is desired on any item, that item will be considered separately."
c. 
Order of Business. Promptly at the hour designated, if practicable, all regular and special meetings of the Borough Council shall commence. Unless otherwise authorized by resolution or motion of Council, all business coming before the Council shall be heard and voted on in the following order:
[Amended 2-15-2022 by Ord. No. 2022-01]
1. 
The Order of Business at all Regular Meetings shall be as follows:
(a) 
Call to Order - Roll Call.
(b) 
Pledge of Allegiance.
(c) 
Moment of Silence.
(d) 
Workshop.
(e) 
Receipt of Bids.
(f) 
Special Presentations.
(g) 
Petitions.
(h) 
Minutes of Previous Meeting.
(i) 
Reports of Mayor and Council.
(j) 
Public Session for Resolutions.
(k) 
Resolutions by Consent.
(l) 
Resolutions.
(m) 
Ordinances.
(n) 
Public.
(o) 
Adjourn.
2. 
The Order of Business at all Reorganization Meetings shall be as follows:
(a) 
Call to Order - Roll Call.
(b) 
Pledge of Allegiance.
(c) 
Moment of Silence.
(d) 
Nominations of Council President.
(e) 
Reports of Mayor and Council.
(f) 
Resolutions.
(g) 
Public.
(h) 
Adjourn.
d. 
Call to Order. The Mayor shall call each meeting to order. In his or her absence, the President of the Council shall call the meeting to order and shall preside during the absence of the Mayor. The Mayor shall assume the chair as soon as he or she is in attendance at any meeting which may have been called to order in his absence, and the President of the Council shall thereupon relinquish the chair.
e. 
Presiding Officer. The presiding officer shall:
1. 
State the question and announce the result on all matters upon which the Council may vote.
2. 
Rule on all questions of order, subject to appeal to the Council.
3. 
Sign the minutes of all meetings of the Council.
f. 
Quorum Call. At the opening of each meeting of the Borough Council, the Clerk shall call the roll, and the names of those present shall be recorded in the minutes. Three members of the Council shall constitute a quorum for the conduct of business. If a quorum is not present by 1/2 hour after the appointed time for any meeting, the meeting shall be deemed adjourned.
g. 
Distribution and Reading of Minutes. The Clerk shall, insofar as is practicable, prepare and distribute to the Borough Council the minutes of each meeting within 15 days of the meeting. The minutes of any meeting may be approved without reading whenever they have been distributed at least 24 hours prior to the time of approval. The Clerk shall promptly post a copy of the approved minutes in a public place in the Municipal Building and shall leave such copy posted for 30 days.
h. 
Committees. The Rules of the Borough Council shall, insofar as applicable, govern meetings of the committee of the whole (work session meetings of Council) and other committees of the Council which may be appointed from time to time. Special committees of the Council for legislative purposes may be appointed by the Mayor pursuant to resolution. No special committee shall normally report on a matter referred to it at the same meeting at which reference is made, except by unanimous consent of the members of the committee.
i. 
Nominations and Appointment.
1. 
The Borough Clerk will promptly inform the Borough Council when a vacancy occurs on a Board or Commission, so that the Borough Council will have a reasonable opportunity to submit to the Mayor names of suggested candidates for his or her consideration. Nominations for appointments requiring advice and consent of the Borough Council will be submitted by the Mayor to the Borough Council in writing or by email at least seven days prior to an agenda meeting at which the nominations will be discussed and considered by the Borough Council. The nomination may be confirmed at the regular meeting immediately following the agenda session, or may be acted upon at the next regular meeting thereafter, at the sole discretion of the Mayor.
2. 
With respect to appointments to be made by the Borough 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 the committee of the whole, which will report to a regular meeting of Council. Where there is a single office to be filled, the sense of the Council and 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 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.
j. 
Addressing Council.
1. 
Persons other than Council members may be permitted to address the Borough Council in the proper order of business. A person present may, upon recognition by the chair, be heard in the order of petitions of citizens and public discussion. A person present may, upon recognition by the chair and with the consent of a majority of the Council members present, be heard at any other time. No person shall address any remark or question to any specific Council member nor to any other person present except by permission of the majority of the Council. A Council member may, through the chair, respond to any communication or address received pursuant to the section.
2. 
Except upon consent of the Borough Council, each person addressing the Council pursuant to this section shall be required to limit his or her remarks to five minutes and shall at no time engage in any personally offensive or abusive remarks. The chair shall call any speaker to order who violates any provision of this rule.
k. 
Decorum.
1. 
Each member of the Borough Council shall cooperate with the chair in preserving order and decorum, and no member shall, by conversation or otherwise, delay or interrupt the proceedings of the Council, disturb any member while speaking or fail to abide by the orders of the Council or its presiding officer, except as specifically permitted by these rules.
2. 
Any person who shall disturb the peace of the Borough Council, make impertinent or slanderous remarks or conduct himself or herself in a boisterous manner while addressing the Council shall be forthwith barred by the presiding officer from further remarks before the Council, except that if the speaker shall submit to proper order under these rules, permission for him/her to continue may be granted by majority vote of the Council.
l. 
Filing of Reports, Petitions and Resolutions. All reports to the Borough Council and all resolutions and all petitions shall be filed with the Clerk and referenced in the minutes of the Council.
m. 
Adjournment. A motion to adjourn shall always be in order and shall be decided without debate.
n. 
Roll Call Votes; Minutes. The vote upon every motion, resolution or ordinance shall be taken by roll call. The vote shall be "aye" or "nay," or words to that effect, of affirmative or negative by each member, and there shall be no further discussion following the commencement of the roll call. The vote of each member shall be entered on the minutes. Any member of the Borough Council may abstain from voting at any time. When the roll is called on any question, the silence of a Council member present shall constitute an affirmative vote, unless he or she states that he or she abstains, in which event the abstention shall not count as a vote "aye" or "nay." The question shall be determined by a majority of those members voting unless otherwise provided by law. The minutes of each meeting shall be signed by the officer presiding and by the Borough Clerk.
o. 
Rules.
1. 
Except as otherwise provided by this Article or other provisions of the Revision or state statute, all meetings of the Borough Council shall be conducted in accordance with the provisions of the most recent edition of Robert's Rules of Order, Revised. The Borough Attorney, or his or her designee, shall serve as Parliamentarian for all such meetings.
2. 
No rule or general regulation made by any department, board, officer, agency or authority of the Borough shall take effect until it is approved by the Mayor and filed with the Borough Clerk. The Borough Clerk shall maintain a current compilation of all such rules and regulations, which shall be available for public inspection in his or her office during business hours.