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Borough of Allentown, NJ
Monmouth County
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Table of Contents
Table of Contents
[New]
The Council shall consist of the Mayor and six Council members 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.
[New; amended 2-12-2019 by Ord. No. 04-2019]
The Council shall by ordinance adopt rules of procedure not inconsistent with this chapter. The rules shall provide for standing committees of the Council, the members of which standing committees shall be appointed annually from amongst the members of the governing body within the first seven days of the year by a majority vote of all Council members, the Mayor having no vote thereon except in the case of a tied vote amongst the Council. Proceedings at all meetings shall be conducted in accordance with Robert' s Rules of Order, revised, except where the Council provides otherwise by resolution. The Attorney shall be ex officio parliamentarian and shall give his opinion on questions of procedure at the request of members of the Council.
[New]
a. 
Procedure for Passage; Vote Required. Ordinances shall be submitted, in writing, at a meeting of the Borough Council and passed at a subsequent meeting. No ordinance shall be finally passed except by the 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 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 Clerk shall be responsible for arranging for the advertising of proposed ordinances.
c. 
Presentation to Mayor. Within five days after its passage, Sundays excepted, every ordinance passed by the Council shall be presented to the Mayor by the Clerk, whose report shall be conclusive evidence that the ordinance has been so presented.
d. 
Approval by Mayor. If the Mayor approves an ordinance, he shall sign it within five days after he receives it, Sundays excepted, and file it with the Clerk.
[New]
a. 
If the Mayor does not approve an ordinance, he shall return it within five days after he receives it, Sundays excepted, with his objections in writing, to the Clerk. At its next meeting, the Council shall cause the objections to be entered at length on its minutes and proceed to reconsider the ordinance.
b. 
If an ordinance contains more than one distinct section, clause or item, the Mayor may approve one or more and veto the rest.
c. 
If 2/3 of all the Councilmen, at the next meeting as aforesaid 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.
[New]
Council shall take appropriate action to insure that ordinances of the preceding year are compiled or codified.
[New]
Whenever a vacancy occurs in the membership of the Borough Council for any reason other than the expiration of term of office, the vacancy shall be filled pursuant to State Statutes.
[New]
Every person appointed by the Mayor, the Borough Council or by the Governor to fill a vacancy, either for the unexpired term or temporarily, shall have the qualifications required by Statute to permit the appointee to qualify for election to the office, and if the previous incumbent had been elected to office as the nominee of a political party, the person so appointed shall be of the same political party.
[New]
The Council shall meet for organization on the first day of January, or during the first seven days in January in any year at the call of the incoming Mayor. 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 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, 24 hours' written notice (or actual voice contact) shall be given to all members of the Council. Written notice may be by leaving such notice at their places of residence.
[New]
Three Councilmen and the Mayor or, in the absence of the Mayor, four Councilmen shall constitute a quorum for the transaction of business, but a smaller number may meet and adjourn from time to time.
[New; amended 2-12-2019 by Ord. No. 04-2019; 9-24-2019 by Ord. No. 15-2019]
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 or in case of a vote wherein the Mayor’s vote is necessary to establish a quorum of the governing body. 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 Council members 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.
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 may deem necessary or expedient for the welfare of the Borough. He shall maintain peace and good order and have the power to suppress all riots and tumultuous assemblies in the Borough.
Except as otherwise provided by Statute or specific ordinance, 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.
[New]
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 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 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 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 Council member having the longest term of service as such may act temporarily for the President.