HISTORY: Chapter 2 as established by statutory provisions
as amended through October 13, 2016. Amendments noted where applicable.
A.
Mayor.
The Mayor shall be elected by the voters of the borough at large and
serve for a term of four years and until his successor shall have
qualified.
B.
Borough
Council. The Borough 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. (N.J.S.A. 40A:60-2)
C.
Elected
officers currently holding elected office as of December 31, 2021,
shall be eligible to receive an annual salary established each year
by way of salary resolution by the governing body and shall be entitled
to receive said salary each year so funded so long as they continue
to hold such office held on December 31, 2021, continuously without
interruption, including any and all subsequent reelection terms so
long as such terms are consecutive and for the identical office.
[Added 10-26-2021 by Ord. No. O-20-2021]
A.
The
Mayor and Borough Council shall hold an annual meeting on the first
day of January at 12 o'clock noon, or during the first seven days
of January in any year.
B.
At
its annual meeting, the Borough 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. He 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.
C.
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.
D.
Three
Councilmen and the Mayor or, in the absence of the Mayor, four Councilmen
shall constitute a quorum for transacting business.
E.
The
Council may, at its annual meeting, establish for its members such
committees of the Council as will assist it for the ensuing year.
F.
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.
G.
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.
Every borough governed by the borough form of government pursuant
to statute, shall, subject to the provisions of law, have full power
to exercise all powers of local government in such manner as the Council
may determine. (N.J.S.A. 40A:60-4)
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 signature
thereto or return it to the Council by delivering it to the Borough
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 two-thirds 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.
He shall make his 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. He 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. (N.J.S.A. 40A:60-5)
A.
The
Council shall be the legislative body of the borough.
B.
The
Council may, subject to general law and the New Jersey State Statutes:
(1)
Pass, adopt, amend and repeal any ordinance or, where permitted,
any resolution for any purpose required for the government of the
borough or for the accomplishment of any public purpose for which
the borough is authorized to act under general law;
(2)
Control and regulate the finances of the borough 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,
and Building Inspector, these officers shall be residents of the borough
and shall serve at the pleasure of the Council, except the Borough
Clerk, who also shall be exempt from the borough residency requirement,
the Tax Collector and Tax Assessor who shall serve for terms as provided
in chapter 9 of Title 40A of the New Jersey State Statutes. The Council
may exempt officers from the residency requirements but only pursuant
to the adoption of an ordinance to that effect;
(4)
Investigate any activity of the borough;
(5)
Remove any officer of the borough, other than those officers excepted
by law, for cause; and
(6)
Override a veto of the Mayor by a two-thirds majority of all the
members of the Council.
C.
The
Council shall have all the executive responsibilities of the borough
not placed, by general law or the New Jersey State Statutes, in the
office of the Mayor.
D.
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. (N.J.S.A. 40A:60-6)
A.
The
Borough Council may, by ordinance, delegate all or a portion of the
executive responsibilities of the borough to an Administrator, who
shall be appointed pursuant to N.J.S.A. 40A:9-136.
B.
The
Borough Council may, by ordinance, adopt an Administrative Code. The
Administrative Code shall restate the major provision of the borough's
Charter and the general law supplementing the Charter.
C.
The
Borough Council may create such advisory councils to the borough as
it may choose. (N.J.S.A. 40A:60-7)
[Added 9-23-2021 by Ord.
No. O-3-21]
A.
Resolutions
and ordinances. Every resolution or ordinance shall be reduced to
writing and read, at least in title, before the vote is taken thereon
pursuant to N.J.S.A. 40:49-1 et seq.
B.
Voting,
generally. The vote upon every motion, resolution, or ordinance shall
be taken by yeas and nays and entered on the minutes.
C.
Call
to order and order of business. The Mayor shall be the presiding officer
and shall call the meeting to order. The meeting shall occur in the
following order:
D.
Procedure.
(1)
Business is to be brought before the public body by motion in accordance
with Robert's Rules of Order, 12th Edition, and debated and voted
upon pursuant to same unless otherwise stated in this chapter.
(2)
Public comment/citizens to be heard.
(a)
Pursuant to N.J.S.A. 10:4-12, the Council shall set aside a portion
of every meeting for public comment.
(b)
There shall be a single public comment session scheduled to be heard
prior to the official acts to be taken by the governing body at each
Council meeting.
(c)
Any person who desires to address the Council shall first seek to
be recognized by the presiding officer.
(d)
Remarks during the public comment portion of the meeting shall be
within the time limits set by the Council in accordance with N.J.S.A.
10:4-12(7)(a) for public comment on any governmental issue that a
member of the public expresses may be of concern to the residents
of the Borough. Unless otherwise set by motion of the governing body
and approved by Council majority, the time limit for public comments
shall be five minutes per person.
(e)
Each person addressing the Council shall provide his or her name
and address for the record and provide their comments.
(f)
The Mayor or his/her designated representative shall be responsible
for establishing protocols for recognizing members of the public to
speak during public hearings or public comment periods that are handled
remotely. Under such circumstances the protocols shall be announced
in advance and shall utilize all available technology.
(h)
Each person wishing to address the Council may do so at least once
during the public comment portion of the meeting. The presiding officer
will have discretion, time permitting, to recognize those persons
wishing to address the Council more than once during the public comment
portion of the meeting.
(j)
Any member of the public who makes such remarks or engages in such
conduct will be called to order by the presiding officer. If the conduct
continues, the presiding officer may ask the person to leave the meeting.
(k)
Any person who, at the request of the presiding officer, is asked
to leave the meeting, shall do so immediately. If persons do not remove
themselves at the instruction of the presiding officer, the presiding
officer may order the Sergeant at Arms to remove them. Any person
who resists removal by the Sergeant at Arms shall be charged with
violating N.J.S.A. 2C:33-8, Disrupting meetings and processions.
(l)
The Chief of Police, or such members of the Police Department as
the Council may designate, shall be Sergeant(s) at Arms at the Council
meetings. He, she, or they shall carry out all orders given by the
presiding officer for the purpose of maintaining order and decorum
at the Council meeting. On instruction of the presiding officer, the
Sergeant at Arms shall remove from the meeting any person who disturbs
the proceedings of the Council.
E.
Minutes.
(1)
Taking of the minutes. Minutes shall be kept of every meeting by
the Municipal Clerk, as hereinafter prescribed, and any citizen may
have access to the minutes upon application to the Clerk. Pursuant
to N.J.S.A. 10:4-14, the minutes must include the time and place,
the members present, the subjects considered, the actions taken, the
vote of each member, and any other information required to be shown
in the minutes by law, which must promptly be available to the public.
(2)
Reading and approval of the minutes. Minutes of the meeting shall
be approved at a regular meeting in accordance with this chapter.
