A.
All powers
of the municipality and the determination of all matters of policy
shall be vested in the Council except as otherwise provide by law.
B.
Pursuant
to N.J.S.A. 26:3-1 et seq., Township Council shall be the duly constituted
Board of Health.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Vacancies in any elective office of the Township shall be filled
in accordance with state statutes.
A.
On the first day of July, at 10:00 am, if July 1 is a Saturday, or
at 2:00 p.m., if July 1 is a Sunday, or 6:00 p.m., if July 1 is a
weekday following each election of Council, the Council shall assemble,
organize and elect one of the Councilpersons as Mayor. The Mayor shall
be chosen by ballot by majority vote of all members of the Council.
If the members shall be unable, within five ballots, to be taken within
two days of the organization meeting, to elect a Mayor, then the member
who in the last election for members of the Council received the greatest
number of votes shall be the Mayor. Should such person decline to
accept the office, then the person receiving the next highest vote
shall be the Mayor, and so on until the office is filled.
[Amended 7-24-2023 by Ord. No. 2023-35]
B.
At the same time as a Mayor is elected, the Council shall elect one
of its members as Deputy Mayor. The Deputy Mayor shall serve in place
of the Mayor in the event of the temporary absence or disability of
the Mayor.
C.
The Mayor and the Deputy Mayor shall serve a term of two years beginning
on the first day of July following each election of Council.
D.
Vacancies in the Office of Mayor or Deputy Mayor shall be filled
by the Council for the remainder of the unexpired term.
A.
Regular meetings.
(1)
The Council shall meet regularly on the first and third Mondays of
each month at 7:00 p.m., except that the Council may, by resolution,
cancel one or more meetings in addition to those meetings listed as
canceled in the Official Annual Notice of Meetings.
(2)
In the event the first or third Monday is a legal holiday, the meeting
scheduled for that date shall either be canceled or rescheduled.
(3)
Regular meetings of the Council shall be held in accord with the
Open Public Meetings Act, N.J.S.A. 10:4-6 et seq., as the same may
hereafter be amended.
B.
Special meetings.
(1)
The Mayor, at any time, and upon written request of a majority of
the Councilpersons, shall call a special meeting of the Council. The
request and call for such special meeting shall specify the purpose
of the meeting, and no other business shall be considered at any special
meeting than that specified.
(2)
Any call for a special meeting shall be filed with the Township Clerk,
and upon filing he/she shall serve notice of same on each Councilperson
and officers and department directors required to attend meetings
of the Council, at least 48 hours prior to the time the meeting is
held. Upon the filing of any call for a special meeting, the Township
Clerk shall forthwith give notice thereof by telephone, facsimile
or e-mail to each Councilperson at such place as the latter shall
have previously designated for that purpose and pursuant to N.J.S.A.
10:4-8.
(3)
Special meetings shall be conducted in accord with the Open Public
Meetings Act.
(4)
The Township may provide electronic notices pursuant to N.J.S.A.
10:4-9.1.
C.
Adjourned meetings. A meeting adjourned to a fixed time shall be
considered a continuation of the preceding meeting, and the business
of the Council shall be resumed where it was left at the last adjournment.
D.
Location of meetings. All regular meetings shall be held in the Municipal
Building of the Township unless otherwise decided by the Council.
Attendance by public and Township personnel:
On the first day of July following each election of Council,
the Council shall organize and elect one of their members as Mayor
and adopt such resolutions as may be required.
Subject to the provisions of the Open Public Meetings Act, N.J.S.A.
10:4-6 et seq., the Council may meet at any time in informal conference
for the consideration of any Township business.
A.
Preparation of ordinances and resolutions. Ordinances and resolutions
shall be prepared for the consideration of the Council by the Township
Attorney upon written request of a majority of the Council or of the
Township Manager.
B.
Prior review by administrative staff. All ordinances and Township
contractual authorizations, before presentation to the Council, shall
have been approved as to form and legality by the Township Attorney
or his/her authorized representative and shall have been examined
as to administrative considerations by the Township Manager or his/her
authorized representative whenever administrative responsibilities
may be affected thereby. The Township Manager shall submit to the
Council a written memorandum concerning the administrative aspects
of each such ordinance and contractual authorization unless he/she
shall advise the Council that no administrative problems are involved.
Each administrative memorandum may include the specific comments and
recommendations of the Director concerned with the subject of the
memorandum.
C.
Introduction for passage or approval.
(1)
Ordinances, resolutions and other matters or subjects requiring action
by the Council shall be introduced and sponsored by a member of the
Council, except that the Township Manager or Township Attorney may
present ordinances, resolutions and other matters or subjects to the
Council and any Councilperson may assume sponsorship thereof by moving
that such ordinances, resolutions, matters or subjects be adopted;
otherwise, they shall not be considered.
(2)
Resolutions, unless laid over by a majority vote of the Council,
may be acted upon the day of introduction or presentation.
(3)
Ordinances and resolutions shall be called up for action on motion
of a member of the Council.
D.
Ordinances and resolutions. Resolutions determined to be routine
and which do not require discussion shall be included under a single
section of the order of business known as the "consent agenda." Such
resolutions may be adopted upon motion and approval thereof by vote
of a majority of the Council.
E.
Adoption of ordinances. No ordinance may be adopted without the affirmative
vote of a majority of all the members of the Council or such greater
number of affirmative votes as the Charter may require.
F.
Advertisement of ordinances. After introduction, all ordinances shall
be advertised by the Township Clerk in accordance with the applicable
provisions of law for public hearing at the next succeeding regular
meeting of the Council unless otherwise directed by the affirmative
vote of the majority of all members of the Council. After adoption,
all ordinances shall be advertised by the Township Clerk in accordance
with the applicable provisions of law therefor.
A.
An agenda shall be prepared by the Township Clerk for each regular
meeting of the Council.
B.
The regular agenda for each regular meeting of the Council shall
include only such matters of routine Council business and/or items
which have been presented or delivered to the Township Clerk by a
Councilperson not later than 3:00 p.m. on the Wednesday preceding
the meeting.
C.
The Township Clerk shall cause a copy of the final Council agendas
to be delivered electronically to each Councilperson, the Township
Manager and the Township Attorney and shall be posted and advertised
in accordance with the law.
D.
All items on the Council agenda must be delivered to each Councilperson
at the same time that the agendas are delivered.
E.
Each agenda may have no more than one addendum, which must be delivered
electronically to each Councilperson and Township Manager along with
the appropriate backup by 12:00 noon on the day of the meeting, with
the exception of emergency matters, which can be added to the agenda
at the meeting with the approval of the majority of the Council present.
F.
Any Councilperson shall have the right to present any new matter
under "new business" with the exception of ordinances and resolutions
which must be in accordance with above.
The Mayor or, in his/her absence, the Deputy Mayor shall call
each meeting to order. In the absence of both the Mayor and the Deputy
Mayor, the Township Clerk shall call the meeting to order, and those
present shall select a President Pro Tempore who shall preside during
the absence of the Mayor. The Mayor or the Deputy Mayor shall assume
the Chair as soon as he/she is in attendance at any meeting which
may have been called to order in his/her absence, and the President
Pro Tempore shall thereupon relinquish the Chair.
A.
Before proceeding with the business of the Council, the Township
Clerk shall call the roll of members in alphabetical order with the
presiding officer called last, and the names of those present and
absent shall be entered in the minutes.
B.
A majority of all the members of the Council shall constitute a quorum.
If a quorum is not present 1/2 hour after the appointed time for any
meeting, those present may adjourn the meeting.
[Amended 1-27-2020 by Ord. No. 2020-02]
A.
The order of business at each regular public meeting of the Council
shall be as follows:
(1)
Roll call.
(2)
Report of the Mayor.
(3)
Report of the Township Manager.
(4)
Council comments.
(5)
Hearing upon adoption or amendment of proposed ordinances on second
reading.
(6)
Proposed ordinances.
(7)
Public comment on agenda items.
(9)
New/unfinished business.
(10)
Public comment (general).
(11)
Executive session (if necessary).
(12)
Adjournment.
B.
Special meetings, workshop meetings, pre-meeting conferences, planning
meetings and informal conference meetings shall be discussion meetings
of the Council and shall not be guided by the order of business set
forth in this section.
A.
The vote upon every ordinance shall be taken by roll call, and the
yeas and nays shall be entered on the minutes. The minutes of each
meeting shall be signed by the Township Clerk and the Mayor, Deputy
Mayor, or President Pro Tempore presiding at such meeting.
B.
When the roll is called upon any question, each Councilperson shall
audibly announce his/her vote, and the silence of a Councilperson
shall constitute an affirmative vote unless he/she states that he/she
abstains.
C.
A Councilperson does not have the right to explain his/her vote during
voting (this would represent "debate," which is not permitted during
voting).
The Township Clerk shall, so far as practicable, prepare and
distribute to the Council the minutes of each meeting promptly after
the meeting. The minutes of any meeting may be approved without reading
whenever they have been distributed at least 24 hours prior to the
time of approval.
There shall be no standing committees of the Council other than
the Committee of the Whole. The rules of the Council shall govern
the meetings of the Committee of the Whole so far as applicable. Special
committees for legislative purposes may be appointed by the Mayor
pursuant to motion or resolution. No special committee shall proceed
to the consideration of any matter referred to it unless a majority
of the members of the committee shall be present. No special committee
shall report at the same meeting in which the matter is referred to
it except by unanimous consent of the Council.
With respect to appointments to be made by the Council, any
member of the Council may nominate as many candidates as there are
offices to be filled. The Council will consider such nominations in
the Committee of the Whole, which will report to a regular meeting
of the Council. Where there is a single office to be filled, the sense
of the 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, commission
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 Council as to the nominees included in the group. Appointments
may be made by the affirmative vote of a majority of those present
and voting.
A.
The Mayor or other presiding officer may move, second and debate
from the Chair and shall not be deprived of any right to vote or of
any other rights, powers or duties of a Councilperson by virtue of
presiding over the meeting.
B.
A member of the Council shall be entitled to the floor only upon
recognition by the presiding officer. Once a member has been recognized
and taken the floor, he/she shall not be interrupted for any reason
other than a call to order; and in such case, the presiding officer
shall rule promptly on the point of order and the speaker shall be
allowed to proceed if he/she is in order.
C.
The Councilperson who has made a motion shall be entitled to the
privilege of closing debate.
D.
A motion to reconsider may be made by a Councilperson on the prevailing
side, and such motion may be made only at the same meeting or at an
adjournment thereof as which the action was taken.
E.
A motion to adjourn shall always be in order and shall be decided
without debate.
A.
Persons other than Council persons may be permitted to address the
Council in the proper order of business. A person present may, upon
recognition by the presiding officer, be heard either upon ordinances
upon second reading or at the time of public comment and at such other
times as the Council may, by majority vote of those present, specifically
permit. All remarks or questions shall be directed to the presiding
officer. No person shall address any remark or question to any specific
Councilperson, nor shall any person be permitted to address the presiding
officer while a motion is pending. A Councilperson may, through the
presiding officer, respond to any communication or address received
pursuant to this section.
[Amended 1-28-2019 by Ord. No. 2019-04]
B.
Except upon consent of the Council, by the majority vote of those
present, each person addressing the Council pursuant to this section
shall be required to limit his/her remarks to four minutes during
the time for public comment and shall at no time engage in any personally
offensive or abusive remarks. On a hearing on ordinances on the second
reading, each person addressing the Council shall be required to limit
their remarks to four minutes a person on the issue and shall at no
time engage in any personally offensive or abusive remarks. The presiding
officer shall call any speaker to order who violates any provision
of this section.
A.
Any person who shall disturb the peace of the Council, make impertinent
or slanderous remarks or conduct himself in a boisterous manner while
addressing the Council shall be forthwith barred by the presiding
officer from further audience before the Council, except that if the
speaker shall submit to proper order under these rules, permission
for him/her to continue may be granted by a majority vote of the Council.
B.
The Chief of Police shall, upon request of the presiding officer,
designate a member of the Police Department to serve as Sergeant at
Arms at Council meetings. He shall carry out all orders and instructions
given by the presiding officer for the purpose of maintaining order
and decorum at such meeting.
All reports to the Council and all resolutions shall be filed
with the Township Clerk and entered in the minutes of the Council.
A.
The Township Clerk shall record the minutes of every meeting of the
Council, and the minutes shall contain only the formal actions of
the Council by motion, resolution or ordinance except as otherwise
authorized by this section.
B.
With the consent of Council, a Councilperson may have the privilege
of including in the minutes a written abstract not exceeding 100 words
of any statement he/she may make before the Council.
C.
In the discretion of the Township Clerk, other matters relating to
the business or actions of the Council may be included in the minutes
to the extent necessary to clarify the purpose or context of any recorded
formal action.
D.
The text of ordinances need not be included in the minutes, but the
signed official copies thereof shall be bound and preserved as public
record in the Office of the Township Clerk.
Except as may be provided in the Charter, questions of order,
methods of organization and the conduct of business of the Council
shall be governed by Robert's Rules of Order in all cases to which
they are applicable and in which they are not inconsistent with the
rules of procedure hereinafter set forth in this chapter.
Any of the rules of procedure of the Council may be suspended
by unanimous consent of the Councilpersons present, except as otherwise
provided by the Charter.
