[1972 Code § 3-1]
This chapter shall be known as the Rules of Council.
[1972 Code § 3-2]
Except as otherwise provided in the Charter, by law, or in this
chapter, the Township Council shall be governed in questions of order,
organization and conduct of business by Robert's Rules of Order
in all applicable cases.
[1972 Code § 3-3; Or. No. 1895-03 § II; Or. No. 2394-13]
The Township Council shall hold regular meetings commencing
at 7:00 p.m., on two Tuesdays of each month of the year, each meeting
to be separated from the immediately preceding and succeeding meeting
by at least two weeks, except that during the months of July and August
there shall only be one regular meeting a month, also on a Tuesday
and commencing at 7:00 p.m., and separated by at least two weeks from
the preceding and following meetings. The Council shall determine
by majority vote of its membership, and by no later than the first
meeting in November of the preceding year, the following year's
schedule of regular Council meetings, after reviewing the following
year's calendar for conflicts with holidays, special events and
anticipated vacation schedules. Whenever the day fixed for any regular
meeting falls upon a legal or national holiday the meeting shall be
held at the same hour on the next succeeding day which is not a legal
or national holiday. The Council may alter its meeting schedule, including
cancellation of, or rescheduling of, any regular Council meeting,
by majority vote of its membership and providing sufficient time to
provide lawful notice to the public of the change of schedule. In
an emergency, including, but not limited to, a power outage at Town
Hall, a severe storm, or other occurrence implicating substantial
public safety concerns, the Mayor, Business Administrator, or Council
President, may summarily cancel a scheduled Council meeting, notifying
all Council members and the public by any available and appropriate
means and with reasonable promptness under all of the circumstances.[1]
[1972 Code § 3-3.2]
The Mayor or the President of the Township Council may at any
time, and upon written request of a majority of the Councilmembers
shall call a special meeting of the Township Council. The request
and call for a special meeting shall specify the purpose of the meeting
and no business shall be transacted at any special meeting other than
that specified. The call for a special meeting shall be filed with
the Clerk and served upon each Councilmember as hereinafter provided
at least 24 hours prior to the time for which the meeting is called
provided that the Mayor determines that an emergency exists affecting
the health or safety of the people which requires consideration by
the Township Council within a shorter time. Upon such a determination,
which the Mayor shall set forth in the call, the call may be filed
with the Clerk at any time not less than three hours prior to the
time set for the meeting. Upon the filing of any call for a special
meeting, the Clerk shall forthwith give notice thereof by telephone
or telegraph to each Councilmember, at the place he or she shall have
previously designated for that purpose, and shall also serve or cause
to be served a written copy of the call upon each Councilmember by
delivery of a copy to him or her personally or by the leaving of a
copy at his or her usual place of abode.
[1972 Code § 3-3.3]
An adjourned meeting shall be considered a continuation of the
preceding meeting and the business of the Township Council shall be
resumed where it was left at the last adjournment.
[1972 Code § 3-3.4]
The President of the Township Council may call meetings of the
committee of the whole of the Council in advance of any regular or
special meetings, to plan the agenda of the meeting and to discuss
such other matters as may require consideration by the Council. Meetings
of the committee of the whole may be attended only by such persons
as the Council may request to attend.
[1972 Code § 3-4.1; Or. No. 2392-13]
The President of the Council shall be chosen by the Council
at an organization meeting of each year and according to the rules
of procedure, shall in no event succeed himself or herself. The President
of the Council shall:
a.
Appoint any special committees of the Council as may be required.
b.
Preside at all meetings of the Council and of the committee of the
whole.
c.
State the question and announce the result on all matters upon which
the Council may vote.
d.
Rule on all questions of order, subject to appeal to the Council.
e.
Sign all ordinances and resolution adopted in his or her presence
and in his or her absence the President Pro Tempore shall sign ordinances
and resolutions adopted in his or her presence.
f.
Have such other functions, powers and duties as the Council may from
time to time prescribe.
[1972 Code § 3-4.2]
The Township Clerk shall serve as Clerk of the Township Council
in accordance with the administrative code. In the absence of the
Clerk, the President shall appoint a Clerk Pro Tempore.
[1972 Code § 3-5; Or. No. 2349-12; Or. No. 2382-13]
An agenda for each regular meeting of the Township Council shall
be prepared by the Clerk under the supervision of the President of
the Council. All ordinances, resolutions and any supporting written
material for consideration at the next Council Meeting shall be delivered
to and received at the Clerk's Office by 3:00 p.m., on the Wednesday
next preceding the meeting, earlier if possible and, if later, shall
require permission of the Council President before placement on the
agenda. The agenda headings shall be written in plain English and
each resolution and ordinance, unless clearly self-explanatory, shall
include a brief description of its purpose also written in plain English
by the department submitting it. The agenda shall be completed not
later than 3:00 p.m. on the Thursday preceding each regular meeting
of the Council, except for emergency matters which may be added to
the agenda at any time before the meeting with permission of the President
of the Council. The Clerk shall expeditiously deliver a copy of the
agenda, all ordinances and resolutions and all submitted supporting
materials, to each Council member, to the Mayor, Business Administrator,
and to the Law Department. The Clerk shall expeditiously cause the
agenda, ordinances, and resolutions to be posted on the Township's
website no later than the following Friday at noon in order that such
materials are readily available to the general public. In the event
of an intervening holiday, the deadlines set forth here shall be adjusted
to provide the same amount of time for preparation and notice of the
agenda. In the event of additions, deletions, or changes of any kind
to the agenda, or any item on it, such changes shall be expeditiously
posted to the Township's website with a notation indicating the
change by 4:30 p.m., on the Monday preceding the Council meeting.
The agenda and any changes to it shall also be physically posted on
the Clerk's Bulletin Board in the public hallway at Town Hall.
A conforming agenda shall be published to the Township's website
on the day after each Council meeting to indicate those items which
were not acted upon due to removal or postponement by the Council
at its meeting.
[1972 Code § 3-6]
The President of the Township Council shall call each meeting
to order. In his or her absence the Clerk shall call the meeting to
order and those present shall select a temporary Chairman who shall
preside during the absence of the President. The President 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 or her absence and the temporary
Chairman shall thereupon relinquish the chair.
[1972 Code § 3-7]
At the opening of each meeting of the Township 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.
If a quorum is not present one-half hour after the appointed time
for any meeting, the presiding officer shall declare the meeting adjourned.
[1972 Code § 3-8; Or. No. 726-84; Or. No. 1157-93; Or. No. 2128-07 § II; Or. No. 2382-13]
The order of business at a regular meeting of the Council shall
be as follows:
a.
Conference
Agenda:
Council Liaison Announcements - an opportunity for Council members
to announce upcoming events and/or to express appreciation to local
clubs/organizations/volunteers, etc.
b.
Public
Agenda:
Pledge of Allegiance;
Roll Call;
Public Comment - Each member of the public wishing to speak
shall do so through the Council President after stating their name
and address for the record and shall be limited to five minutes. Each
Council Member, including the Council President, may respond.
Consent Agenda:
1-Approval of Minutes of Previous Meeting
2-Report of Township Officers
3-Reading of Petitions and Communications and Bids
4-Bills
5-Resolutions;
Ordinances on Second and Final Reading;
Ordinances on First Reading;
ABC Hearing, if any;
Pending Matters/New Matters/Council Discussion - Each Council
Member, including the Council President, shall have the opportunity
to raise and discuss any pending matter, new matter, or issue for
Council discussion.
Adjournment.
The Council President may at his/her discretion modify with
consent the order of business at any meeting of the Council if he/she
deems it necessary and appropriate.
[1972 Code § 3-8.1]
Those items on the Township Council agenda which are considered
routine by the Township Council shall be marked with an asterisk (*)
and, unless a Councilmember specifically requests that such item on
the agenda be removed therefrom and Council action taken separately
on the item in the order appearing on the agenda, those items so marked
shall be approved, adopted, accepted, etc., by motion of the Council
and voice vote. Those items so approved under the heading "Consent
Agenda" will appear in the Council minutes in their proper form, i.e.,
resolution accepting grant deed or easement, adoption of ordinance
upon final reading, etc.
[1972 Code § 3-9]
The Clerk shall, so far as practicable, prepare and distribute
to the Township Council the minutes of each meeting promptly after
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.
[1972 Code § 3-10]
There shall be no standing committees of the Township Council
other than the committee as a 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
President 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. 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.
[1972 Code § 3-11]
A vote by voice shall be taken upon every motion, resolution
or ordinance, unless otherwise requested or required by law, and the
yeas and nays shall be entered on the minutes. The minutes of each
meeting shall be signed by the presiding officer and by the Clerk.
[1972 Code § 3-12.1]
Nominations submitted by the Mayor shall be considered in committee
of the whole and reported to the Township Council not later than its
second regular meeting following the submission of the nomination.
Any member of the Council may move a nomination.
[1972 Code § 3-12.2]
With respect to appointments to be made by the Township Council,
any member of the Council may nominate as many candidates as there
are offices to be filled. The Council shall consider such nominations
in committee of the whole and 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.
[1972 Code § 3-13.1]
The President of the Township Council may move, second and debate
from the chair, and shall not be deprived of any right to vote or
of any other rights, powers or duties of a Councilmember by virtue
of occupying the office of President of the Council.
[1972 Code § 3-13.2]
A member of the Township Council shall be entitled to the floor
only upon recognition by the chair but such recognition shall only
determine the sequence of speaking, and no Councilmember shall be
denied the privilege of the floor. Once a member has been recognized
and taken the floor he or she shall not be interrupted for any reason
other than a call to order, and in such case the chair shall rule
promptly on the point of order and the speaker be allowed to proceed
if he or she is in order.
[1972 Code § 3-13.3]
The Councilmember who has made a motion shall be entitled to
the privilege of closing debate.
[1972 Code § 3-13.4]
A motion to reconsider may be made by a Councilmember on the
prevailing side and such motion may be made only at the same meeting,
or at an adjournment thereof, at which the action was taken.
[1972 Code § 3-13.5]
A Councilmember shall be entitled to have his remarks included
in the minutes with the consent of Council. The President, with the
consent of Council, may direct a synopsis of the debate on any question
to be included in the minutes.
[1972 Code § 3-14]
When the roll is called upon any question, the silence of a
Councilmember shall constitute an affirmative vote unless he or she
states that he or she abstains.
[1972 Code § 3-15.1]
Persons other than Councilmembers may be permitted to address
the Township Council in the proper order of business and as herein
further provided. A person present may, upon recognition by the chair,
be heard in order of communications and petitions and at such other
times as Council may specifically permit. In the case of a resolution
prior to adoption, the President of the Council shall recognize all
persons interested and each shall be given the opportunity to be heard
for a minimum of three minutes, which time may be extended by the
consent of the Council President; and at the public hearing of any
ordinance as required by NAGS 40:49-2, all persons interested shall
be given an opportunity to be heard concerning the ordinance and each
shall be limited to five minutes except where the time is extended
by the consent of the Council President. No person shall address any
remark or question to any specific Councilmember, except by permission
of the President of the Council, nor shall any person be permitted
to address the chair while a motion is pending. A Councilmember may,
through the chair, respond to any communication or address received
pursuant to this section.
[1972 Code § 3-15.2]
In all matters not provided for in subsection 3-15.1 and except upon consent of the Council President, each person addressing the Council pursuant to this subsection 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.
[1972 Code § 3-16.1]
Each member of the Township 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, nor
disturb any member while speaking, or fail to abide by the orders
of the Council or its President except as specifically permitted by
these rules.
[1972 Code § 3-16.2]
Any person who shall disturb the peace of the Township Council,
make offensive or abusive remarks or conduct himself or herself in
a boisterous manner while addressing the Council shall be forthwith
barred by the presiding officer from further audience before the Council,
except that if the speaker shall submit to proper order under these
rules permission for him or her to continue may be granted by a majority
vote of the Council.
[1972 Code § 3-16.3]
The Police Department shall designate a member of the department
to serve as Sergeant at Arms at Township Council meetings. He or she
shall carry out all orders and instructions given by the presiding
officer for the purpose of maintaining order and decorum at such meetings.
[1972 Code § 3-17.1]
Ordinances and resolutions shall be prepared for the consideration
of Township Council by the Township Attorney or the legal assistant
upon motion of the Council or request of the Mayor. Prior to introduction,
each proposed ordinance requiring or permitting administrative action
shall be submitted to the Business Administrator and the department
head concerned.
[1972 Code § 3-17.2]
An ordinance or resolution may be introduced by any member of
the Township Council. The Clerk shall forthwith provide each member
of the Council with a copy thereof. Each resolution and ordinance
shall be limited to a single subject which shall be expressed in its
title.
[1972 Code § 3-17.3]
All ordinances shall be introduced, read, heard and enacted
in the manner provided by general law. Each ordinance passed by the
Council shall be forthwith delivered by the Clerk to the Mayor. Each
ordinance shall be returned by the Mayor to the Clerk after the Mayor
has affixed his or her signature thereto or after the expiration of
10 days from the date of its delivery to the Mayor in any event.
[1972 Code § 3-17.4]
All resolutions shall take effect immediately after final passage
by the Township Council and approval by the Mayor where such approval
is required, unless otherwise indicated in such resolution.
[1972 Code § 3-17.5]
The Township Council shall reconsider any ordinance returned
by the Mayor within the time permitted by the Charter together with
a statement setting forth his or her objections thereto or to any
item or part thereof. Such reconsideration of the ordinance or any
item or part thereof from which the Mayor is constrained to withhold
his or her approval shall be at the next meeting of Council which
occurs not less than three days following the return of the ordinance
by the Mayor.
[1972 Code § 3-18.1]
Whenever an ordinance has been reconsidered by the Township
Council following a veto by the Mayor, the Clerk shall append to such
ordinance a certification of the action of the Council upon such reconsideration
in substantially the following form:
"I HEREBY CERTIFY that the above ordinance adopted by the Township
Council on the _____ day of _____, 19_____, was delivered to me on
the _____ day of _____ together with the Mayor's statement of
the reasons for which he or she was constrained to withhold his/her
approval of such ordinance, item or part thereof. On reconsideration
thereof on the _____ day of _____, (the Township Council duly resolved
by the affirmative vote of 2/3 of its members to enact such ordinance,
item or part thereof notwithstanding the Mayor's veto) or (the
Mayor's veto was sustained).
Dated:
__________, Township Clerk"
[1972 Code § 3-18.2]
Whenever an ordinance shall take effect without the Mayor's
signature by reason of his or her failure to return it to the Township
Council by filing it with the Clerk within 10 days after it has been
presented to him or her the Clerk shall append to such ordinance as
engrossed a certificate in substantially the following form:
"I HEREBY CERTIFY that the above ordinance was adopted by the
Township Council on the _____ day of _____, 19_____ and was presented
to the Mayor duly certified on the _____ day _____ of _____, and upon
his/her failure to sign it or to return and file it with the Clerk
within 10 days thereafter, the ordinance took effect as if the Mayor
had signed it.
Dated:
, Township Clerk"
[1972 Code § 3-18.3]
All reports to the Council and all resolutions shall be filed
with the Township Clerk and entered in the minutes of the Council.
[1972 Code § 3-19]
A motion to adjourn shall always be in order and shall be decided
without debate.
[1972 Code § 3-20]
An ordinance shall take effect as a resolution immediately and
as an ordinance upon final passage and publication in accordance with
the laws of the State of New Jersey.
