[Ord. #84-27, § 2.1; Ord. #86-31, § 2.1;
Ord. #90-20, § 1]
The Legislative Branch shall consist of the City Council who
shall be paid a salary, as set forth in the annual salary ordinance.
[Ord. #84-27, § 2.2; Ord. #86-31, § 2.2;
Ord. #90-20, § 1]
Vacancies on Council shall be filled in the manner prescribed
by law.
[Ord. #84-27, § 2.3; Ord. #86-31, § 2.3;
Ord. #90-20, § 1]
The Council shall meet during the first week in July of each
year to elect a president and a vice-president for one year and to
conduct such other business as may come before it.
[Ord. #84-27, § 2.4; Ord. #86-31, § 2.4;
Ord. #90-20, § 1]
Members-elect of the Council shall be notified of all Council
meetings to be held between election day and the date of organization,
the same as incumbents. They shall be entitled to attend all such
meetings and to participate in all pre-meeting conferences without
vote.
[Ord. #86-27, § 2.5; Ord. #86-31, § 2.5;
Ord. #90-20, § 1]
a. Legislation. Except as may be otherwise provided by general law,
the Council shall exercise the legislative power of the City.
b. Inquiry. Council may, by majority vote of the whole Council, require
any municipal officer to prepare and submit sworn statements regarding
the performance of his official duties and may otherwise investigate
the conduct of any department, office or agency.
c. Administration. The Council and individual members thereof shall deal with officers and employees of the City through the Mayor or his designee(s), and except for inquiries as provided in Subsection
b above, all communication regarding administration of the City shall be with them.
d. Removals. Council may, by majority vote of the whole Council, and
for cause, remove any municipal officer except the Mayor or a Council
member, upon notice and an opportunity to be heard in public. Council
may also disapprove mayoral removals in accordance with Section 43-C
of the OMCL.
e. Appointments. On request of the Mayor, Council shall receive and
consider any nomination for appointment requiring Council advice and
consent. Candidates shall be formally nominated at any regular meeting
and may be confirmed or rejected at the same meeting but, in any case,
no later than the next regular meeting. Multiple appointments to any
body shall be confirmed individually.
f. Annual audit. The Council will at least once annually, have an independent
audit made of the City's accounts and financial records as required
by law.
[Ord. #84-27, § 2.6; Ord. #86-31, § 2.6;
Ord. #90-20, § 1]
a. Open to the Public. All meetings, including pre-meeting conferences
shall be public and held at times and places fixed by the Council,
in accordance with the Open Public Meetings Act (N.J.S.A. 10:4-1 et
seq.). Exceptions, if any, shall be as authorized therein.
b. Regular Meetings. Council shall hold its regular meetings and work
sessions as per a Resolution to be adopted at each yearly re-organizational
meeting. This Resolution may be amended or modified by subsequent
resolutions duly adopted.
c. Special Meetings. The Mayor may call special Council meetings. The
Council president shall call special Council meetings upon written
request of a majority of the whole Council. The request and call for
a special meeting shall state the purpose thereof and no other business
shall be transacted. The call shall be filed with the Clerk at least
twenty-four (24) hours before the time for which the meeting is called;
provided, that if the Mayor declares an emergency affecting the public
health or safety, the call so stating may be filed three (3) hours
before the meeting. Upon receipt of notice, the Clerk shall forthwith
notify each member and member-elect, make copies of the call available
to the press and post at least one copy in a prominent place in the
City Clerk's Office.
[Ord. #84-27, § 2.7; Ord. #86-31, § 2.7;
Ord. #90-20, § 1; Ord. #01-15, § 1]
In addition to such by-laws as Council may adopt by resolution,
the following procedural rules shall be in effect:
a. Quorum. A majority of the whole Council — four (4) members — shall constitute a quorum for all business except adoption of ordinances which shall be in accordance with Subsection
2-1.15 below.
b. Order of Business. At each regular meeting the order of business
shall be as follows, except if waived by a majority of Council:
4. Open Public Meetings Act announcement.
5. Citizen comment — one-half (1/2) hour.
6. Approval of minutes of previous meetings. Minutes need not be read
at length if they have been distributed to members twenty-four (24)
hours before the meeting.
7. Reports and recommendations of the Mayor and other officials.
8. Ordinances.
(a)
Introduction and first reading by title.
(b)
Second reading and public hearing.
(c)
Action after public hearing.
c. Rules of Order. Except as may be provided in Charter or Code, the
conduct of Council meetings shall be governed by Robert's Rules of
Order Revised.
d. Manner of Addressing Council. Each person addressing the Council
shall:
1. Give his name and address;
2. Have such time as is reasonably necessary for the orderly presentation
of his remarks;
3. Address all remarks to the Council as a body and not to any member
thereof. No person other than members of the Council and the person
having the floor shall be permitted to enter into any discussion,
either directly or through a member of the Council, without the permission
of the presiding officer. No question shall be asked of a member of
Council except through the presiding officer.
e. Rights of Presiding Officers. Presiding officers may move, second
and debate from the chair and shall not be deprived of any of the
rights or privileges of Council members by reason of presiding.
f. Voting. The vote on resolutions may be by roll call in alphabetical
order, the President voting last. The vote of each member shall be
entered on the minutes. During roll call no member shall discuss or
explain his/her vote.
The vote on every ordinance shall be by roll call in alphabetical
order, the President voting last. The vote of each member shall be
entered on the minutes. During roll call no member shall discuss or
explain his/her vote.
g. Minutes. The Clerk shall keep minutes of all regular and special
meetings. The minutes shall record the time and place of meeting,
the members attending, and every action of the Council whether by
motion, resolution or ordinance, with the names of the mover and seconder.
They may include other pertinent matter, as suggested by the Order
of Business. Copies shall be provided to each Council member and member-elect,
the Mayor, and the City Attorney. Minutes shall be signed by the Clerk
and the presiding officer and shall be kept permanently as public
records.
[Ord. #84-27, § 2.8; Ord. #86-31, § 2.8;
Ord. #90-20, § 1]
The Mayor shall submit items on behalf of the Administration
to the Clerk. The Council President shall then establish the Council
agenda and submit it to the City Clerk for preparation and distribution
to Council members, Mayor, Business Administrator, City Attorney and
other appropriate officials. It shall be distributed by noon, at least
two (2) business days prior to the meeting. Additional matters shall
be added to the agenda upon the request in writing of three (3) or
more Council members.
[Ord. #84-27, § 2.9; Ord. #86-31, § 2.9;
Ord. #90-20, § 1]
Committees shall be appointed by the Council President at a
regular Council meeting and shall consist of not more than three (3)
Council members.
[Ord. #84-27, § 2.10; Ord. #86-31, § 2.10;
Ord. #90-20, § 1]
Any member of Council may introduce a resolution in writing
at any meeting, if it is on the agenda, or is admitted by an affirmative
vote of at least four (4) Council members in the proper order of business.
When possible, it shall be duplicated and distributed before the meeting.
The Resolution shall be read by the Clerk when introduced by title
unless reading in full is requested by any Council member and may
be adopted immediately, provided that a resolution to adopt or amend
a budget shall be subject to the procedure specified in the Local
Budget Law.
[Ord. #84-27, § 2.11; Ord. #86-31, § 2.11;
Ord. #90-20, § 1]
a. Preparation, Evaluation. Ordinances shall be prepared by the City
Attorney on request of the Mayor or any Council member or, if prepared
by others, shall be reviewed and approved by him as to legality and
form before introduction.
b. Introduction, Publication. Any member of Council may introduce an
ordinance if it is on the agenda, or is admitted by an affirmative
vote of at least four (4) Council members in the proper order of business.
After passage of first reading, which may be by title, the ordinance
shall be published and publicized in accordance with general law.
c. Public Hearing, Adoption. A public hearing shall be held on every
ordinance, as provided by general law, at least ten (10) days after
passage on first reading and at least one week after publication.
At the hearing, the ordinance shall be given second reading, which
may be by title, and all residents and other interested parties shall
be heard concerning the ordinance, with the right to ask pertinent
questions. Thereafter, the ordinance may be adopted by a majority
of the whole Council, except ordinances adopted pursuant to the Local
Bond Law, which require an affirmative vote of two-thirds (2/3) of
the whole Council, with such amendments as do not substantially alter
the intent or effect of the original. Substantial amendments shall
be read, optionally by title, and published and publicized in accordance
with general law, and the ordinance may be finally adopted without
further public hearing at least one week after the meeting at which
it was amended.
d. Mayor's Veto. On the next business day after adoption, the Clerk
shall deliver the ordinance to the Mayor who shall either approve
it by signing and returning it within ten (10) calendar days after
receiving it or disapprove it by returning it to Council via the Clerk
with the statement setting forth his objections thereto or to any
item or part thereof. No ordinance or any item or part thereof shall
take effect without the Mayor's approval unless he fails to return
it to Council within ten (10) calendar days after it has been presented
to him, or unless Council upon reconsideration thereof on or after
the third day following its return, shall override the veto by a two-thirds
(2/3) vote of all members.
e. Passage over Veto. Council shall reconsider any ordinance returned
by the Mayor with his/her veto. Such reconsideration shall be at the
next regular or special meeting held three (3) days or more after
return. If, upon reconsideration, two-thirds (2/3) of the members
of Council (five (5) or more) vote to override the veto, the ordinance
shall take effect ten (10) calendar days thereafter. Whenever an ordinance
has been reconsidered following veto, the Clerk shall append thereto
a certificate reciting the facts of delivery, return and override
and the new effective date.
f. Ordinances Not Returned by the Mayor. Whenever an ordinance shall
take effect without the Mayor's signature by reason of his/her failure
to return it to Council within ten (10) calendar days after passage,
the Clerk shall append thereto a certificate reciting the fact.
g. Effective Date. No ordinance other than a local budget ordinance
shall take effect less than twenty (20) days after its final passage
by Council and approval by the Mayor when such approval is required,
unless Council shall adopt a resolution declaring an emergency, with
at least two-thirds (2/3) (five (5)) members of Council voting in
favor.
[Ord. #84-27, § 2.11; Ord. #86-31, § 2.12;
Ord. #90-20, § 1]
a. Appointment, Term, Compensation. Council shall appoint a Clerk qualified
by education and experience in office management or business administration
to serve for three (3) years from July 1 of the year in which appointed
and to receive an annual salary as provided in the salary ordinance.
b. Duties. The Clerk shall be Clerk of Council, shall provide such stenographic
and other staff services as the members shall require, shall select
Deputy Municipal Clerk(s) with the advice and consent of Council.
The Clerk shall remove or discipline such personnel subject to Civil
Service Provisions, and shall:
1. Attend all Council meetings, including pre-meeting conferences.
2. Provide for the taking of and preparation of appropriate minutes
of all Council meetings.
3. Compile, index and preserve all ordinances, resolutions, contracts,
minutes and other documents and papers to which the City is a party
and which require retention as public records.
4. Prepare agendas for all Council meetings and send copies of all pertinent
materials in advance of pre-meeting conferences to Council members
and members elect, Mayor and Business Administrator and other affected
City officials.
5. Prepare and publish notices, ordinances and other matters as required
by Charter or general law in sufficient number to meet requirements
of the public.
6. Have custody of the City Seal and affix it to appropriate documents
without charge.
7. Issue licenses and register vital statistics.
8. Perform such other duties as Council may assign and as are prescribed
by general law and Charter.
9. Compile and index all ordinances and resolutions adopted during the
year, and shall obtain sufficient copies of each to satisfy normal
public demand. At the close of each year the Clerk shall index and
bind the originals of all ordinances and resolutions and preserve
them as permanent public records. The Clerk may also provide for codification
of ordinances, with assistance of the City Attorney and within available
budgeted resources.
10. Charge and receive for use of the City such fees for searches, transcripts
and copies of official records as Council shall authorize by resolution.