[Ord. No. 04-30]
The Governing Body shall consist of the Mayor and six Council members elected at large in the Borough, all of whom shall be elected and take office in the manner provided by law. The term of office shall commence January 1 next following their election.
[Ord. No. 04-30; Ord. No. 09-02 § 1]
The Governing Body shall by ordinance adopt Rules of Order not inconsistent with this Chapter.
[Ord. No. 04-30]
The Governing Body shall take appropriate action to insure that ordinances of the preceding year are compiled or codified.
[Ord. No. 04-30]
Whenever a vacancy occurs in the membership of the Governing Body for any reason other than the expiration of term of office, the vacancy shall be filled pursuant to State Statutes addressing municipal vacancies.
[Ord. No. 04-30]
Every person appointed by the Mayor, the Borough Council or by the Governor to fill a vacancy, either for the unexpired term or temporarily, shall have the qualifications required by statute to permit the appointee to qualify for election to the office, and if the previous incumbent had been elected to office as the nominee of a political party, the person so appointed shall be of the same political party, pursuant to State Statutes.
[Ord. No. 04-30]
The Governing Body shall hold an annual organizational meeting within the first seven days of January of each year, at which time they shall make appointments and determine committee assignments.
[Ord. No. 04-30; amended 12-19-2023 by Ord. No. 23-32]
Pursuant to N.J.S.A. 40A:60-3, the Governing Body shall meet regularly within the Borough at such times and places in the Borough as determined by the Governing Body in accordance with the requirements of the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.
[Ord. No. 04-30]
The Mayor shall, when necessary, call special meetings of the Council, pursuant to N.J.S.A. 40A:60-3. In case of the neglect or refusal of the Mayor, any four members of the Council may call such meetings upon proper notice to all members of the Council and to the public in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq. and N.J.S.A. 40A: 60-3. In all cases of special meetings, 24 hours' written notice (or actual voice contact) shall be given to all members of the Council. Written notice may be by leaving such notice at their places of residence.
[Ord. No. 04-30]
Three Council members and the Mayor, or in the absence of the Mayor, four Council members constitute a quorum for the transaction of business, but a smaller number may meet and adjourn from time to time. N.J.S.A. 40A:60-3.
[Ord. No. 04-30; amended 12-19-2023 by Ord. No. 23-32]
a. 
Work sessions may be scheduled within the Borough at such times and places in the Borough as determined by the Governing Body in accordance with the requirements of the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.
[Ord. No. 04-30]
a. 
The order of business at regular public meetings shall be as adopted by resolution of the Governing Body and include those items as required by State Statute and any other items as deemed appropriate by the Governing Body.
b. 
The order of business may be changed by the Borough Clerk to suit the specific needs of a specific meeting, provided that the public shall always have at least one opportunity to be heard.
[Ord. No. 04-30]
a. 
Every ordinance after being introduced and having passed a first reading, which first reading may be by title, shall be published in its entirety or by title, or by title and summary, at least once in a newspaper published and circulated in the municipality, if there be one, and if not, in a newspaper printed in the county and circulating in the municipality, together with a notice of the introduction thereof, the time and place when and where it will be further considered for final passage, a clear and concise statement prepared by the Clerk of the governing body setting forth the purpose of the ordinance, and the time and place when and where a copy of the ordinance can be obtained without cost by any member of the general public who wants a copy of the ordinance. If there be only one such publication, the same shall be at least one week prior to the time fixed for further consideration for final passage, except as otherwise provided by law. (N.J.S.A. 40:49-2(a))
b. 
At the time and place stated in the publication, or at any time and place to which the meeting for the further consideration of the ordinance shall be adjourned, all persons interested shall be given an opportunity to be heard concerning the ordinance. The opportunity to be heard shall include the right to ask pertinent questions concerning the ordinance by any resident of the Borough or any other person affected by the ordinance. Final passage thereof shall be at least 10 days after the first reading. (N.J.S.A. 40:49-2(b))
c. 
Upon the opening of the hearing, the ordinance shall be given a second reading, which reading may be by title, and thereafter, it may be passed with or without amendments, or rejected. Prior to the second reading, a copy of the ordinance shall be posted on the bulletin board or other place upon which public notices are customarily posted in Borough Hall, and copies of the ordinance shall be made available to members of the general public who shall request such copies. If any amendment be adopted, substantially altering the substance of the ordinance, the ordinance as so amended shall not be finally adopted until at least one week thereafter, and the ordinance as amended shall be read at a meeting of the Mayor and Council, which reading may be by title, and shall be published in its entirety or by title, or by title and summary, together with a notice of the introduction, the time and place when and where a copy of the amended ordinance can be obtained without any cost by any member of the general public who desires a copy, a clear and concise statement prepared by the Clerk setting forth the purpose of the ordinance, and the time and place when and where the amended ordinance will be further considered for final passage, at least two days prior to the time so fixed. At the time and place so fixed, or at any other meeting to which the further consideration of the amended ordinance may be adjourned, the Mayor and Council may proceed to pass the ordinance, as amended, or again amend it in the same manner. (N.J.S.A. 40:49-2(c))
d. 
Except as otherwise provided by law, no ordinance shall be finally adopted unless by a vote of a majority of the members of the Council present at the meeting, provided at least three affirmative votes are cast. (N.J.S.A. 40A: 60-5e.)
e. 
Every ordinance adopted by the Council shall, within five days after its passage, Sundays excepted, be presented to the Mayor by the Borough Clerk for his approval. 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. (N.J.S.A. 40A:60-5d.)
f. 
No ordinance or any item or part thereof shall take effect without the approval of the Mayor, unless the Mayor fails to return the ordinance to the Council, as stated 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 the Council, resolve to override the veto. (N.J.S.A. 40A:60-5d.)
g. 
If the Mayor disapproves the ordinance and returns it to the Borough Clerk within 10 days, Sundays excepted, after its receipt by him with his written objections, the Council shall at its next meeting cause the objections to be entered at length on its minutes, and proceed to reconsider the ordinance. If two-thirds (2/3) of all the Council members shall at the next meeting, or at any subsequent meeting to which they shall postpone such reconsideration, vote to pass the ordinance or the vetoed part thereof over the veto of the Mayor, the ordinance shall then take effect upon publication of notice of adoption according to law. (N.J.S.A. 40A:60-5d.)
h. 
In the event an ordinance is not returned by the Mayor within the period of 10 days as aforesaid, it shall take effect as if it had been approved. (N.J.S.A. 40A:60-5d.)
i. 
Upon passage, every ordinance, or the title, or the title and a summary, together with a notice of the date of passage or approval, or both, shall be published at least once in a newspaper circulating in the municipality, if there be one, and if not, in a newspaper printed in the county and circulating in the municipality. No other notice or procedure with respect to the introduction or passage of any ordinance shall be required.
j. 
Ordinances introduced in any calendar year shall be finally acted upon within the same calendar year.
k. 
Ordinances that are subject to review and recommendation of the Planning Board may formally be referred to such Board prior to introduction and must be referred prior to the public hearing. (N.J.S.A. 40:55D-26 and N.J.S.A. 40:55D-64.)
[Ord. No. 04-30; Ord. No. 09-02 § 2]
The Mayor shall preside over all meetings of the Council but shall not vote except to cast the deciding vote in case of a tie, where provided by law. Except as otherwise provided by statute or specific ordinance, the Mayor shall nominate and, with the advice and consent of the Council, appoint all officers in the Borough. No appointments requiring Council confirmation shall be made except by a majority vote of the Council members present at the meeting, 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. Vacancies in appointive offices shall be filled by appointment in the same manner for the unexpired term only. The Mayor shall make such nomination to fill a vacancy within 30 days after the appointive office becomes vacant. If the Mayor fails to nominate within 30 days or the Council fails to confirm any nomination made by the Mayor, then, after the expiration of 30 days, the Council shall appoint the officer.
The Mayor shall see that the laws of the State and the ordinances of the Borough are faithfully executed, and 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.
The Mayor shall supervise the conduct and acts of all officers in the Borough and shall execute all contracts made on behalf of the Borough by the Council.
[Ord. No. 04-30]
At the annual organizational meeting, the Council shall, by a majority vote, elect from their number a President of the Council, who shall preside at all of 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. The President of the Council shall have the right to debate the vote on all questions before the Council. If the Council at its annual meeting fails to elect a President, the Mayor shall appoint the President from the Council and in that case no confirmation by the Council shall be necessary. If the Mayor is absent from the Borough for a period of three or more consecutive days or for any reason is unable to act, the President of the Council shall perform all the duties of the Mayor during his absence or inability. In case of the Mayor's intended absence from the Borough for more than three days at any one time, the Mayor shall notify the President in writing of such intended absence, whereupon the President shall be and become Acting Mayor from the receipt of such notice and continue to act until the Mayor's return. In case of the temporary inability of the President to so act, the Council member having the longest term of service as such may act temporarily for the President. (N.J.S.A. 40A: 60-3(b))