[1]
Editor's Note: The By-Laws were amended by the Mayor and Council on January 15, 2013.
[1983 Code § 8-1]
The Mayor shall take the Chair if present at the time appointed for the meeting of the governing body and shall reside over the deliberations of the Council and shall conduct the regular and special meetings thereof. He shall participate in the determination of Borough affairs to the extent permitted by Statute. He shall allow the seating order by seniority for all Council members so as to preclude debate or conflict over seating arrangements.
[1983 Code § 8-2]
He shall reserve order on all occasions and may cause the arrest or removal of any or all persons (except members of the Council) who interrupt the proceedings of the governing body after appropriate warning of such action.
[1983 Code § 8-3]
The Mayor may engage in any matter before the governing body, the same as any other member.
[1983 Code § 8-4]
The Mayor shall immediately recognize a member of the governing body on points of privilege, inquiry, information and/or order and shall decide all questions on such points without debate, subject however to an immediate appeal to the Council by the aggrieved Councilperson; at his/her discretion, he/she may call for the sentiments of the governing body upon any questions of order.
[1983 Code § 8-5]
When two or more Councilpersons request or indicate their desire to speak at the same time, he/she shall name the order in which they are entitled to the floor, subject to an appeal to the Council. He/she shall not deny recognition to a member when no one else claims the right to speak.
[1983 Code § 8-6]
The Mayor shall appoint all committees, regular and special, with a majority consent of the Council, subject to provision of these bylaws, provided that at least three affirmative votes of Councilpersons shall be required for such purpose. He/she shall be a member ex-officio of each such committee. In addition, he/she shall see that all matters referred to committees are acted upon and reported on at each succeeding regular meeting until such matters are resolved. The Council shall by majority vote appoint such committees if the Mayor shall fail to make such appointments within 30 days of the annual reorganization meeting or within 30 days after such vacancy shall occur as the case may be, provided that at least three affirmative votes by Councilpersons shall be required for such purpose.
[1983 Code § 8-7]
The Mayor shall serve as liaison between the governing body and all boards, committees, agencies or organizations, except as herein assigned to the specific Council committee or Council member for liaison purposes by majority vote of the Council.
[1983 Code § 8-10]
The Council President, at the discretion of the Mayor, shall serve as liaison between the governing body and all boards, committees, agencies or organization, as an ex officio member in accordance with statute, except as herein assigned to the specific Council committee or Council member for liaison purposes by majority vote of the Council.
[1983 Code § 8-12]
No additional compensation shall be granted to the Council President, other than what is paid all Council members.
[1983 Code § 8-13]
The Municipal Clerk shall perform the duties enjoined upon him/her by the Revised Statutes of New Jersey, and within the bylaws.[1]
[1]
Editor's Note: See § 2-18 for duties of the Municipal Clerk.
[1983 Code § 8-14]
[1]
Editor's Note: See § 2-18 for statutory duties of the Municipal Clerk.
[1983 Code § 8-15]
The Clerk shall keep an Ordinance Book transcribing all ordinances and resolutions passed by the governing body which shall be kept current and properly and fully indexed. (See § 2-18 for statutory duties of the Municipal Clerk.)
[1983 Code § 8-16]
The Clerk shall type or reproduce the minutes in a number of copies equal to the membership of the Mayor and Council and send a copy to each member as soon as practicable after the meeting.
[1983 Code § 8-17; By-Laws amended 1-15-2013]
A. 
The Clerk shall prepare an agenda of the communications, hearings, ordinances and other matters to come up at the meetings of the Mayor and Council and shall furnish copies of such agenda to each member not later than three days prior to the Council meeting. The Mayor or any member of the governing body may have any matter on the agenda by presenting the Clerk with written or verbal notification at least four days prior to the Council meeting.
B. 
All roll call votes of the Council, beginning with the first vote of the year, shall be alphabetical by last name.
[1983 Code § 8-18]
All petitions and communications addressed to the governing body shall be in writing and be filed by the Borough Clerk. Copies shall be submitted to the Mayor and members of the governing body promptly.
[1983 Code § 8-19]
The Clerk shall file all reports by officers and committees and all papers presented to or acted upon by the governing body.
[1983 Code § 8-20]
The Borough Clerk shall report to and be responsible to the Mayor and Council.
[1983 Code § 8-21; Ord. No. 10-25; By-Laws amended 1-15-2013]
Education. The Mayor and members of the Council shall be required to attend basic courses on their responsibilities and obligations in local government. These shall include courses on budgeting, policy setting, contracting, risk management and the Open Public Records Act.
[1983 Code § 8-22]
A quorum shall be as provided by the Revised Statutes of New Jersey, permitting three Councilpersons and the Mayor, and in the absence of the Mayor, four Councilpersons, but a small number may meet and adjourn from time to time.
[1983 Code § 8-23; By-Laws amended 1-15-2013]
The Order of Business at each Regular Meeting shall be as follows:
BOROUGH OF POMPTON LAKES
REGULAR MEETING
AGENDA
DATE
1.
CALL TO ORDER
PRAYER
FLAG SALUTE
STATEMENT OF COMPLIANCE
ROLL CALL
BOROUGH OFFICERS
MAYOR PRESENTATIONS AND UPDATES
2.
MEETING OPEN FOR PUBLIC COMMENT FOR MATTERS NOT ON AGENDA
3.
APPROVAL OF MINUTES
4.
AUTHORIZED BILLS AND CLAIMS
5.
PRESENTATION OF PETITIONS
6.
CONSENT AGENDA - RESOLUTIONS
7.
RESOLUTIONS FOR SEPARATE ACTION
8.
INTRODUCTION OF ORDINANCES - FIRST READING
9.
ORDINANCES FOR SECOND READING AND ADOPTION
10.
MAYOR REPORT
11.
COUNCIL COMMITTEE REPORTS
a.
The Council President shall report first. Thereafter, the order of reports from Councilpersons shall be rotated throughout the year and shall start at the first yearly meeting in alphabetical order by last name and each subsequent meeting shall rotate one name forward, and so on for the year.
b.
Each report should provide a status update of committee assignments. Each Councilperson may comment on any issue that is related to Borough business even if marginally related. Councilpersons should refrain from discussing matters assigned to other Councilpersons. If a Councilperson desires to discuss committee matters for committees not within their scope of appointment, such discussion should be directly with the appropriate Councilperson before or during the meeting. The appropriate Councilperson should then be recognized by the Chair for further discussion at the completion of the instant report in which the issue was raised.
c.
Reports should be as brief as possible.
12.
TABLED ITEMS
13.
MEETING OPEN FOR PUBLIC COMMENT FOR AGENDA ITEMS
14.
PRIVILEGE OF THE FLOOR
15.
CLOSED SESSIONS
16.
ADJOURN TO EXECUTIVE SESSION WHEN REQUIRED
17.
ADJOURNMENT
[1983 Code § 8-24; By-Laws amended 1-15-2013]
The Order of Business at each Special Meeting shall be as follows:
A. 
Reading of the Call for a Special Meeting.
B. 
Sunshine Law Statement.
C. 
Roll Call.
D. 
Meeting Open for Public Comments. Each person shall be permitted five minutes to comment on any governmental issue that he/she feels may be of concern to the residents of the municipality. The public portion shall not exceed 30 minutes.
E. 
Consideration of the business for which the meeting is called in order listed in the notice.
F. 
Adjournment.
[1983 Code § 8-25; New]
No departure from the regular order of business shall be allowed except by a majority vote of the governing body or the determination of the presiding officer.
[1983 Code § 8-26]
All meetings of the governing body shall be opened to the public except where otherwise authorized by the Open Public Meetings Act.[1]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
[1983 Code § 8-27]
No motion or question shall be put or debated unless seconded.
[1983 Code § 8-28]
A motion is deemed to be in the possession of the governing body when it has been stated by the presiding officer, a Councilperson or made by a committee report and properly seconded.
[1983 Code § 8-29]
A. 
Every member, before speaking, shall address themselves to the Chair and shall not occupy more than five minutes in debate twice, at which point the governing body may limit debate.
B. 
No person shall speak more than twice. While a member is speaking, no member shall entertain any private discourse.
C. 
All members of the public are individually limited to five minutes of public discussion, with total discussion being limited to 30 minutes, unless consent of the majority is given to extend it, at which point thereafter the governing body may limit discussion.
D. 
The Borough Clerk will be the timekeeper for individuals speaking to the governing body. When there are 30 seconds remaining, the Clerk will inform the speaker and the governing body of the time remaining. When time is up, the Clerk will immediately inform the governing body, at which point the Chair will immediately instruct the person to cease speaking. By a vote of a majority of the Council, an extension can be granted to the person speaking.
[1983 Code § 8-30]
When a question has been once put and decided, a member who has voted in the majority may move the reconsideration of the question; but no motion for reconsideration shall be in order more than once, not unless made on the same day on which the vote was taken or the day of the next subsequent meeting.
[1983 Code § 8-31]
Whenever anyone not a member desires to be heard on any matter of business, leave may be granted by the presiding officer only upon a majority vote of the members present.
[1983 Code § 8-32; New]
When a question is put before the governing body, the order of precedence shall be determined as follows:
A. 
Adjourn.
B. 
To lay on the table.
C. 
For the previous question.
D. 
To postpone.
E. 
To refer.
F. 
To amend.
[1983 Code § 8-33; Ord. No. 2013-15]
The ayes and nays shall be called for by the Mayor or other presiding officer or may be called for by a Council member. There shall be no call for abstentions nor shall abstentions be announced by any member. Any member who determines not to vote on any issue for any reason shall cast their vote as "present". Upon all votes being cast, the names of those voting aye or nay shall be entered before the result is announced.
[1983 Code § 8-34]
In presenting a question to the governing body, the name of members moving and seconding said question shall be entered in the minutes.
[1983 Code § 8-35]
When a question contains two or more distinct propositions, any Council member may call for a division of the question, and the vote shall then be taken on each distinct proposition separately.
[1983 Code § 8-36]
A member speaking shall confine himself to the question and avoid personalities. No allusion shall be made to the motives or reasons relating to any member in the debate or other performance of duty and any such allusion shall be ruled out of order immediately by the presiding officer.
[1983 Code § 8-37]
The presiding officer or any member may call to order any member transgressing the rules. Such member shall immediately discontinue such transgression. If such member persists in violation of the rules, he shall be, on motion, censured by a majority vote of the members present and voting, and after censure if such member persists in violating the rules, he shall be, on motion, suspended and/or removed from participation for the remainder of the meeting by a vote of four of the members present and voting.
[1983 Code § 8-38]
Robert's Rules of Order (Revised) shall govern in cases of disputes over the interpretation of rules and shall govern matters not otherwise governed by law or these bylaws. The Borough Attorney shall act as Parliamentarian. If the Borough Attorney is not in attendance, then the dispute shall be resolved by the Chair.
[1983 Code § 8-39; By-Laws amended 1-15-2013]
A. 
At the annual meeting or within 30 days thereafter, the Mayor shall, with the concurrence of the majority of the Council, appoint a Chairperson and member to the following standing committees, each of which shall consist of not more than two members of the Council, with the exception of Finance, which will have three members.
B. 
The following committees and departments will be directly responsible to their individual Chairperson, with overall responsibility to the Mayor and Council. (Duties of standing committees of the Council are detailed under § 2-11.)
1. 
Civic activities:
a. 
Recreation Commission.
b. 
Library.
c. 
Board of Education [one of two].
d. 
Veterans Committee.
e. 
Senior Citizens.
f. 
Youth Advisory.
2. 
Finance and Personnel:
a. 
Borough Administrator.
b. 
Chief Financial Officer/Borough Treasurer.
c. 
Tax Collector.
d. 
Tax Assessor.
e. 
Auditor.
f. 
Salary Review [one of three].
g. 
Board of Education.
3. 
Licenses and Ordinances:
a. 
Municipal Attorney.
b. 
Judge of the Municipal Court.
c. 
Zoning Board of Adjustment.
d. 
Construction Official.
e. 
Shade Tree Commission.
4. 
Public Works (D.P.W.):
a. 
Streets and Roads.
b. 
Buildings and Grounds.
c. 
Parks and Playgrounds.
d. 
Lighting.
e. 
Borough Engineer.
f. 
Salary Review.
g. 
Environmental Protection Committee.
h. 
Passaic County Solid Waste Liaison.
5. 
Public Safety:
a. 
Police.
b. 
Fire.
c. 
First Aid.
d. 
Police Reserve.
e. 
Board of Health.
f. 
North Jersey Flood Control.
g. 
208 Water Quality N.E. Basin.
h. 
M.U.A. Liaison.
6. 
Ombudsman for Redevelopment.
7. 
Grant Committee.
C. 
In the event that the Mayor fails to make the aforesaid appointments or in the event that the Mayor's appointments or any of them fail to receive the consent of the majority of the Council at the annual meetings or within 30 days thereafter, then in either event, the governing body shall nominate and select by majority vote the Chairperson and members of the aforesaid committees.
D. 
Subject to concurrence by majority of the Council, the Mayor shall name the successor to any such Chairperson or committee member, and in case of their death, resignation or removal from office or to change existing committee assignments when it is in the best interest of the Borough to do so.
[1983 Code § 8-40]
The Mayor and Council President may be members of all committees.
[1983 Code § 8-41]
A. 
The governing body, by a majority vote, shall have the power at any time, and after a hearing, to remove a Chairperson or member of any committee for cause.
B. 
Three consecutive absences from a regular scheduled meeting shall constitute cause for removal, unless written notification of absence is submitted prior to a meeting or said absence shall be reasonable.
[1983 Code § 8-42]
Special committees may be appointed by the Mayor or the Mayor and Council for purposes other than those included in the duties of standing committees.
[1983 Code § 8-43]
All new business introduced at any meeting shall be referred to the appropriate committees, unless, on motion, it is referred to a special committee or is laid over until the next meeting, or may be acted upon at the meeting at which the new business is introduced.
[1983 Code § 8-44]
A. 
Standing committees are appointed to expedite and facilitate the work of the Council, but only within statutory limits, as the entire Council is held responsible for any or all of its acts.
B. 
Standing committees shall:
1. 
Plan, study, direct and make recommendations within the budgetary limits approved by the governing body and carry on the routine activities for which it has primary responsibility.
2. 
Perform such acts as may be assigned to it by the Mayor and Council.
3. 
Report and make recommendations to the Council regarding its responsibility and activities.
4. 
Require all boards and commissions to provide a list of monthly membership attendance and briefly describe the items covered at the monthly meeting.
C. 
Except as provided above, a standing committee shall not:
1. 
Exceed its budgetary appropriations without the prior approval of the Council.
2. 
Make promises or commitments to anyone which, directly or by inference, bind the Council.
[1983 Code § 8-45]
The Chairperson of each committee shall call meetings of their respective committees by written notice to each member served through the Clerk at least 48 hours previous to the time appointed for such meeting. A committee member, by attendance at a committee meeting, shall be deemed to have waived any formality in the notice. However, any member of the governing body may attend any committee meeting.
[1983 Code § 8-46]
All committees will be for a term of one year, commencing on January 1 through the last day of December. By majority vote, a committee may be disbanded if it no longer serves a purpose.
[1983 Code § 8-47]
The Chairperson of each standing committee shall report to the governing body at the first meeting of each month, except for special matters referred to the committee which shall be reported by the Chairperson at each regular meeting of the governing body.
[1983 Code § 8-48]
Each special committee shall report through the Chairperson member designated by such committee for the matter referred to it. It shall report back at the next regular meeting of the governing body, along with a written monthly report and the attendance of the membership.
[1983 Code § 8-49; By-Laws amended 1-15-2013]
The Civic Activities Committee shall have primary responsibility for the following described activities and matters:
A. 
The administration, practice, procedures and records of the following committees:
1. 
Recreation Commission Liaison.
2. 
Library.
3. 
Veterans Committee.
4. 
Senior Citizens.
5. 
Board of Education (liaison) [one of two].
6. 
Youth Advisory.
B. 
Review and approve all programs proposed by the various boards and commissions under its jurisdiction.
[1983 Code § 8-50; By-Laws amended 1-15-2013]
A. 
The Finance Committee shall have primary responsibility for the following described activities and matters:
1. 
The examination, review and approval of all vouchers by at least two members of the Committee prior to their submission to the Council for authority to pay the same.
2. 
The administration, practice, procedures and records as well as the operational responsibility of the following person and/or operations:
a. 
Chief Financial Officer/Treasurer.
b. 
Collector of Taxes.
c. 
Assessor of Taxes.
d. 
Auditor.
e. 
Salary Review Committee [one of three].
f. 
Planning Board, Class III member.
g. 
Zoning Board of Adjustment.
h. 
Borough Administrator.
3. 
The initiation of foreclosure action and subsequent administration and disposition of property acquired by the Borough under foreclosure of tax liens in cooperation with the Committee of Public Buildings and Grounds and the Planning Board after prior notice of the governing body.
4. 
Cooperation with the Public Works Committee in connection with fiscal matters pertaining to the Road Department.
5. 
The coordination of departmental budgets and the preparation of budgetary figures relating to the activities mentioned and the final preparation, explanation and continuing supervision of the entire municipal budget.
6. 
All matters pertaining to any insurance coverage of the Borough.
B. 
The Finance Committee shall serve as the liaison between the Council and the Municipal Auditor and with any other governmental body or organization on fiscal matters.
C. 
The Finance Committee shall receive, review and present to the Council and the Municipal Auditor all matters dealing with any other governmental body or organization on fiscal matters.
D. 
The Finance Committee shall receive, review and present to the Council the proposed budget of all Borough-appointed boards and committees.
E. 
The Finance Committee should have financial reports submitted as to the assessment of properties, added assessments, etc.
F. 
The Finance Committee shall review and present to the Council the Treasurer's and Tax Collector's procedures, as well as fee collection of the Construction Official, Assessor and Board of Health.
G. 
The Finance Committee shall require that all bills, claims and vouchers be paid in accordance with statutory procedures, N.J.S.A. 40A:4-17 and by ordinance.
H. 
The Finance Committee shall oversee that all departments are in conformance with state statutes and good auditing practices.
I. 
The Finance Committee shall also serve as Class III member of the Planning Board.
J. 
All members of the Finance Committee shall be members of the Salary Review Committee.
K. 
The Finance Committee shall prepare a proposed municipal budget to the Borough Mayor and Council no later than the second Council meeting of January. Upon completion of the proposed budget, the Finance Committee shall submit the proposed budget to the Mayor and Council for official action to be taken according to law. However, prior to the official action being taken, the Mayor and Council shall have the opportunity to provide their input.
[1983 Code § 8-51; New]
The License and Ordinance Committee shall have primary responsibility for the following described activities and matters:
A. 
The practice and procedure and record in respect to the enactment of ordinances and adoption of resolutions; reviewing and recommending action thereon by the governing body (as set forth in § 2-12).
B. 
Review all applications for licenses and recommend action thereon by the governing body except those reserved to the Municipal Clerk.
C. 
Oversee the maintenance and updating of the Code of the Borough.
D. 
Shall have the responsibility of the following departments, along with all licenses and ordinances:
1. 
Attorney.
2. 
Judge of the Municipal Court.
3. 
Construction Official and his office.
E. 
Shall have the responsibility of the following departments relating only to licenses and ordinances:
1. 
Administrator.
2. 
Municipal Clerk.
[1983 Code § 8-52; By-Laws amended 1-15-2013]
The Public Maintenance Committee shall have primary responsibility for the following described activities and matters:
A. 
The administration, practice, procedures and records of the following:
1. 
Collection of all garbage, refuse and recyclable items.
2. 
Road construction, improvements, maintenance and cleaning, including street opening.
3. 
Construction and maintenance of sidewalks and curbs.
4. 
Maintenance of vehicles and other mechanical equipment as assigned.
5. 
The Borough Engineer and his office in connection with roads.
6. 
Maintenance of all buildings and grounds (Subsection 2-11.5).
7. 
Parks, playgrounds and lighting (Subsection 2-11.6).
8. 
Liaison with Shade Tree Commission, including leaf collections and tree trimming.
[1983 Code § 8-53]
The Building and Grounds Subcommittee shall have primary responsibility for the following described activities and matters:
A. 
The administration, practice, procedures and records of the following:
1. 
All public buildings and grounds, including the alteration, remodeling, renovating and maintenance of the same, and the construction of new public buildings.
2. 
General lands and buildings of the Borough of Pompton Lakes.
[1983 Code § 8-54; By-Laws amended 1-15-2013]
A. 
The Parks, Playgrounds and Lighting Subcommittee shall be part responsible for the following described activities and matters:
1. 
The administration, practice, procedure and records pertaining to the construction and maintenance of streetlights in the Borough of Pompton Lakes.
2. 
It shall serve as the liaison between the Council and the various utility corporations operating with the Borough, except in matters which are primary responsibility of other committees.
B. 
It shall also serve as Liaison between the Council and:
1. 
The State and County Highway Departments, except in traffic matters, which are under the jurisdiction of the Public Safety Committee.
2. 
Passaic County Solid Waste Advisory Committee.
C. 
The administration, practice procedures and records of the following:
1. 
Park maintenance and improvements.
D. 
It shall also serve as the Liaison between the Council and:
1. 
The Borough Engineer and his office in connection with roads.
2. 
The Environmental Protection Committee.
3. 
The Passaic County Solid Waste Advisory Committee (S.W.A.C.).
[1983 Code § 8-55]
A. 
The Public Safety Committee shall have primary responsibility for the following described activities and matters:
1. 
Police, fire, first aid, police reserve, Board of Health.
2. 
The enforcement of all matters pertaining to traffic regulations and public safety.
3. 
The enforcement of the ordinances of the Borough of Pompton Lakes and other offenses committed within the Borough of Pompton Lakes in conjunction with any other committee which may have a direct interest in matters subject to enforcement.
4. 
Civilian defense and disaster control and liaison with all other public safety committees.
5. 
The administration, practice, procedures and records of the following:
a. 
The activities of the volunteer firemen, police rescue, civil defense and their organizations in the Borough of Pompton Lakes.
B. 
It shall also serve as the liaison charged with public safety, including the Board of Health.
C. 
It shall also serve as the liaison to North Jersey Flood Control and 208 Water Quality N.E. Basin and the M.U.A.
[1983 Code § 8-56]
A. 
The Ombudsman for Redevelopment shall have primary responsibility for seeking the redevelopment of the business district in Pompton Lakes. This shall include any and all industrial tracts, In addition, the Ombudsman shall look into areas in which the community can expand its ratable base.
B. 
This Committee shall not address governmental operations.
[1983 Code § 8-57]
The Grant Committee shall have primary responsibility for seeking and obtaining grants for the Borough government. The Grant Committee may aid and participate in obtaining grants for other governmental entities in the Borough and/or civic organizations (not limited to, but by way of example, the Chamber of Commerce).
[1983 Code § 8-58; New]
All proposed ordinances, amendments and supplements to ordinances shall be presented, in writing, at the regular Council meeting by the Ordinance Committee, the Borough Attorney or the Borough Administrator.
[1983 Code § 8-59]
The Clerk shall endorse on all ordinances the time when and by whom introduced.
[1983 Code § 8-60]
All ordinances shall be passed in the manner provided by statute.
[1983 Code § 8-61]
Upon the passage of an ordinance, the same shall be properly numbered and recorded at length by the Clerk in the Ordinance Book. The Clerk shall enter in said book at the end of each ordinance the following:
"The foregoing was passed at a regular meeting of the governing body of the Borough of Pompton Lakes held on the __________ day of __________."
[1983 Code § 8-62]
Original ordinances shall be entitled as follows: "An Ordinance (then add the subject thereof)." Supplementary or amendatory ordinances shall be entitled as follows: "A supplement (or amendment) to an Ordinance, (then add title of original to which it is a supplement or amendment)" or shall be entitled "An Ordinance to Amend (or Supplement) the Code of the Borough of Pompton Lakes." All regulatory ordinances and administrative ordinances shall be referenced to the Code of the Borough of Pompton Lakes. All ordinances shall be numbered first by the last two digits of the current year, and the second, by the chronological number of the ordinance as introduced.
[1983 Code § 12-2]
The agenda for each regular Mayor and Borough Council meeting shall contain an item entitled "Consent Agenda." Such Consent Agenda, as determined by the Municipal Clerk, shall consist of all resolutions and applications for permits. All such items, which appear on the Consent Agenda, shall be included in one resolution entitled "Resolution Authorizing Passage of Consent Agenda." The resolution shall contain the titles of all of the resolutions and applications to be considered at the regular meeting of the Mayor and Borough Council. It shall be necessary for the Mayor and Borough Council to vote only on the resolution authorizing the passage of the Consent Agenda, unless the Mayor or any member of the Council shall request that it be voted upon separately by the Mayor and Council.