[1982 Code § 3-5; Ord. #598]
Pursuant to the Charter, the legislative power of the municipality
shall be exercised by the Borough Council, except as may be provided
in general law.
[Ord. #10-1295, § 2]
Pursuant to N.J.S.A. 40:45-7.1, the Borough Council shall consist
of five members, elected at-large by the voters of the Borough at
the regular non-partisan municipal election to be held at the time
of the November general election. The terms of the members of the
Council shall be four years, beginning January 1 following each election.
Accordingly, the terms of the Council members holding office at the
time of the adoption of this subsection shall be extended until December
31 beyond the expiration of their present term of office.
[1982 Code § 3-6; Ord. #598]
Regular and workshop Borough Council meetings shall be designated
by resolution of the Borough Council. Special meetings may be called
as necessary by the Mayor or a majority of the members of the Borough
Council in accordance with provisions of the Charter. All meetings
of the Borough Council shall be held in the Borough Hall, unless it
is determined to be impractical. In the event that such determination
is made of the necessity to hold a meeting of the Borough Council
in a place other than the Borough Hall, then adequate notice shall
be given as provided by law.
[1982 Code § 3-7; Ord. #598; Ord. #618; Ord. #89-699;
Ord. #11-1331 § 1]
At the January reorganization of the Borough Council in years
after which elections are held, the Borough Council shall elect from
its members a Council President. The Council President shall:
a. Serve as presiding officer at all meetings of the Borough Council.
b. State every question before the Borough Council and announce the
decisions of the Borough Council.
c. Decide all questions of order, procedure and decorum subject to the
appeal and determination of the Borough Council.
d. Sign all ordinances and resolutions adopted by the Borough Council
during his presence.
[1982 Code § 3-8; Ord. #598; Ord. #622; Ord. #11-1331
§ 2]
a. At the January reorganization of the Borough Council in years after
which elections are held, the Borough Council shall elect from its
members a temporary presiding officer, to be known as the "Deputy
President," who, in the absence of the Council President, shall exercise
all of the duties of the Council President enumerated hereinabove.
[1982 Code § 3-9; Ord. #598]
There shall be no standing committees of the Borough Council
other than a committee of the whole. All actions taken by the Borough
Council shall be taken as a body.
[1982 Code § 3-10; Ord. #598]
Pursuant to N.J.S.A. 40:69A-41(b), the Mayor may attend meetings
of the Borough Council and may take part in all discussions of the
Borough Council but shall have no vote except in the case of a tie
on the question of filling a vacancy on the Borough Council in which
case he may cast the deciding vote.
[1982 Code § 3-11; Ord. #598]
As soon as the meeting is called to order, the Borough Clerk
or Deputy shall alphabetically call the roll of the members of the
Borough Council, and the names of those present shall be entered in
the minutes.
[1982 Code § 3-12; Ord. #598]
A majority of all members elected to the Borough Council shall
constitute a quorum at any regular or special meeting of the Borough
Council, but a lesser number shall adjourn any meeting from time to
time.
[1982 Code § 3-13; Ord. #598; Ord. #658; Ord. #90-736,
§§ 1, 2; Ord. #91-765]
The order of business of the Borough Council at each regular
meeting shall be taken for consideration and disposition as established
by resolution, a copy of which shall be on file in the office of the
Borough Clerk.
a. Consent List.
1. Whenever there shall be two or more resolutions which shall receive
the informal unanimous approval of the members of the Borough Council
at agenda meetings, such resolutions may be grouped together on the
list of resolutions to be considered at each regular meeting of the
Borough Council and known as the "Consent List."
2. Whenever two or more such resolutions shall be grouped together as
a "Consent List" it shall be sufficient, for full and final adoption
of such resolutions, for one formal roll call vote of the Borough
Council to be taken by the Borough Clerk and entered into the minutes
in the usual form, provided, however, that in the event any member
of the Borough Council shall at any time up to the taking of such
roll call object to the presence of one or more resolutions on the
said Consent List, then in that event, such resolution shall be removed
from the Consent List and shall be voted upon separately, and provided
further, that the within provision providing for a "Consent List"
shall apply to resolutions only and shall not be applicable to the
introduction or adoption of ordinances.
[1982 Code § 3-14; Ord. #598]
Unless a reading of the minutes of the previous meeting is requested
by a member of the Borough Council, such minutes may be approved without
a reading if the Borough Clerk has previously furnished each member
with a copy thereof.
[1982 Code § 3-15; Ord. #598]
a. Presiding Officer May Debate and Vote. The President or such other
member of the Borough Council as may be presiding may move, second
and debate from the Chair, subject only to such limitations of debate
as are by these rules imposed on all members, and shall not be deprived
of any of the rights and privileges of a Councilman by reason of his
acting as the Presiding Officer.
b. Obtaining the Floor, Improper References To Be Avoided. Every member
desiring to speak shall address the Chair and, upon recognition by
the Presiding Officer, shall confine himself to the question under
debate, avoiding all personalities and indecorous language.
c. Interruptions. A member once recognized, shall not be interrupted
when speaking unless it is to call him to order or as herein otherwise
provided. If a member, while speaking, is called to order, he shall
cease speaking until the question of order is determined, and if in
order, he shall be permitted to proceed.
d. Motion to Reconsider. A motion to reconsider any action taken by
the Borough Council may be made only on the day such action was taken.
It may be made either immediately during the same session or at a
recessed or adjourned session and may be seconded by any member. It
may be made at any time and have precedence over all other motions,
and it shall be debatable. Nothing herein shall be construed to prevent
any member of the Borough Council from making or remaking the same
or any other motion at a subsequent meeting of the Borough Council.
e. Synopsis of Debates (When Entered in Minutes). The Borough Clerk
shall enter in the minutes a synopsis of the discussion of any question
coming before the Borough Council.
f. Remarks of Councilman (When Entered in Minutes). A Councilman may
request, through the Presiding Officer, the privilege of having an
abstract of his statement on any subject under consideration by the
Borough Council entered in the minutes.
g. Motion to Adjourn. A motion to adjourn shall always be in order and
shall be decided without debate.
h. Additional Rules. Any matter not covered by these rules shall be
governed by Robert's Rules of Order (revised).
[1982 Code § 3-16; Ord. #598]
Whenever a roll call vote is necessary, the Borough Council
shall vote alphabetically, with the Presiding Officer voting last.
[1982 Code § 3-17; Ord. #598]
A vote of abstain or present shall not be counted as a vote
either for or against any motions, but the number of abstentions,
if any, shall be announced in the report on every roll call vote.
Except where otherwise provided by law, a majority of the members
present and voting shall be needed to pass any motion.
[1982 Code § 3-18; Ord. #598]
There shall be no standing committee of the Borough Council
other than the committee of the whole. The President of the Borough
Council shall be the Presiding Officer of the committee of the whole,
and the rules of procedure of the Borough Council shall be observed
in the committee of the whole as far as the same may be applicable.
[1982 Code § 3-19; Ord. #598; Ord. #09-1285]
Upon recognition by the Council President, the person shall
proceed to the floor and give their name and address in an audible
tone of voice for the record. Statements shall be addressed to the
Borough Council as a body and not to any member thereof or Borough
employees or professionals unless called upon to address the person
by the Council President. A Councilmember shall not direct any question
to a speaker addressing the Borough Council except through the Council
President. A person speaking shall be limited to five minutes at the
discretion of the Council President.
[1982 Code § 3-20; Ord. #598]
The President of the Borough Council may request the Police
Chief to designate a police officer to serve as Sergeant-at-Arms at
Borough Council meetings. He shall carry out all orders and instructions
given by the Presiding Officer for the purpose of maintaining order
and decorum at the Borough Council meetings, and it shall be his duty
to place any person under arrest who violates the order and decorum
of a meeting and to cause him to be prosecuted under the provisions
of this Article upon a complaint signed by the Presiding Officer.
[1982 Code § 3-21; Ord. #598]
With respect to appointments to be made by the Borough Council
any member of the Borough Council may nominate as many candidates
as there are offices to be filled. The Borough Council shall consider
such nominations at any agenda conference or at a regular meeting.
Where there is a single office to be filled, the sense of the Borough
Council on the appointment shall be taken as to each nominee and the
nominee receiving a majority shall be deemed appointed. Where there
is more than one office to be filled, such as on a board 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 Borough Council
as to the nominees included in the group.
[1982 Code § 3-22; Ord. #598]
a. The Borough Council may, for cause, remove any municipal officer
or board member, other than the Mayor or a member of the Borough Council.
b. The Borough Council shall consider a motion to remove for cause only
after removal has been duly proposed and considered at an agenda conference.
c. A motion for removal shall set forth the alleged cause for removal,
making specific charges, and provide for notice and an opportunity
to be heard to the affected officer. The Borough Clerk shall forthwith
cause a copy of the motion for removal, together with a statement
of the causes and charges involved and notice of the time and place
fixed for hearing, to be served personally or by certified mail upon
the officer affected. Hearings shall be held not less than 10 days
nor more than 15 days after the date of such service and may be adjourned
from time to time. Such hearings may be open to the public, and the
officer charged shall be entitled to be represented by his own counsel.
Following the conclusion of the hearing, the Presiding Officer shall
call for a vote on the motion, which shall be determined by a majority
vote of the Borough Council.
[1982 Code § 3-23; Ord. #598]
Pursuant to the Charter (N.J.S.A. 40:69A-37), the Borough Council
may, in its discretion, require any municipal officer to prepare and
submit sworn statements regarding his official duties and the performance
thereof; and the Borough Council may otherwise investigate the conduct
of any department, officer or agency of the municipal government.
[Ord. #12-1351]
All elected officials in the Borough are required to attend
on an annual basis at least one course offered by the Rutgers University
Center for Government Services (or a similar education provider such
as the N.J. League of Municipalities) covering the responsibilities
and obligations of elected officials (for example: ethics, municipal
finance, budgeting, policy setting, local government contracting,
labor relations, capital planning, shared services, etc.). It is recommended
that an ethics course be attended every other year for the duration
of their term of office.