[HISTORY: Article I adopted by the Borough
of Rutherford Council and Article II adopted by Borough of Rutherford
Board of Health as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-7-1901 by Ord. No. 356]
[Amended 8-5-1947 by Ord. No. 1498; 2-11-2019 by Ord. No. 3487-19]
The Board of Health of the Borough of Rutherford
shall consist of seven members and two alternates who shall be residents
and legal voters within the borough and, when duly appointed as herein
provided, shall possess all the powers conferred and perform all the
duties enjoined upon local Boards of Health by an act of the Legislature
of the State of New Jersey entitled "Revised Statutes of New Jersey
1937," N.J.S.A. 26:3-1 et seq.
A.
The members
of said Board shall be appointed by the Mayor, with the advice and
consent of the Council, and shall hold office for the term of three
years and until their successors shall have qualified, provided that
at the first appointment there shall be appointed two members to serve
for one year, two members to serve for two years and two members to
serve for three years from March 18, 1901, and thereafter two members
shall be appointed annually to serve for a term of three years, at
the first meeting of the Council in each year. Any vacancy in said
Board shall be filled in the same manner as the original appointment,
but for the unexpired term only.
B.
Alternate members.
[Added 2-11-2019 by Ord. No. 3487-19]
(1)
Alternate members of the Board shall be
appointed by the Mayor, with the advice and consent of the Council,
and shall be designated at the time of appointment as "Alternate No.
1" and "Alternate No. 2." The terms of the alternate members shall
be for two years, except that the terms of the alternate members first
appointed shall be two years for Alternate No. 1 and one year for
Alternate No. 2, so that the term of not more than one alternate member
shall expire in any one year. A vacancy occurring otherwise than by
expiration of term shall be filled in the same manner as the original
appointment, but for the unexpired term only.
(2)
An alternate member shall not be permitted
to act on any matter in which the alternate member has either directly
or indirectly any personal or financial interest.
(3)
An alternate member may, after public hearing
if the alternate member requests one, be removed by the governing
body for cause.
(4)
An alternate member may participate in
discussions of the proceedings but may not vote except in the absence
or disqualification of a regular member. A vote shall not be delayed
in order that a regular member may vote instead of an alternate member.
In the event that a choice must be made as to which alternate member
is to vote, Alternate No. 1 shall vote first.
Ordinance No. 31, entitled "An Ordinance Constituting
and Concerning the Board of Health in the Borough of Rutherford,"
be and the same is hereby repealed, and this article shall take effect
immediately.[1]
[1]
Editor's Note: Former Art. II, Schedule of Fees, adopted 8-31-1961
by Ord. No. 1-61, as amended, which immediately followed, was repealed
2-11-2019 by Ord. No. 3488-19