[HISTORY: Adopted by the Mayor and Council
of the Borough of Sea Bright 12-18-2001 by Ord. No. 18-01. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the "Administrative Code of the Borough of Sea Bright" and is hereinafter
sometimes referred to as the "rules" or the "code." These rules are
established to work in conjunction and compliance with law as set
forth in state statutes, and such law is not necessarily restated
herein.
The Borough of Sea Bright is governed by the
Borough form of government, as adopted pursuant to N.J.S.A. 40A:60-1
et seq.
The Borough shall be governed by six Council
members elected at large, a Mayor elected at large and such other
officers as shall be appointed pursuant to this code, law or ordinance.
The Mayor and Council shall possess all powers granted or permissible
under the laws of the State of New Jersey. The Mayor and Council members
must reside permanently in the Borough of Sea Bright and shall comply
with ordinances and laws of the State of New Jersey.
A.
The Council
shall consist of six members elected at large by the voters of Sea
Bright and shall each serve a term of three years, beginning on reorganization
day in January next following his/her election.
B.
Legislative power. The legislative power of the Borough
shall be exercised by the Council except as may be otherwise prescribed
by state statute. The Mayor may participate in discussion but will
vote only in the case of a tie or when providing the fourth vote as
part of a quorum. A majority of the whole number of the governing
body shall constitute a quorum for the transaction of business.
A.
The Mayor
shall be elected at large by the voters of Sea Bright and shall serve
a term of four years, beginning on reorganization day in January next
following his/her election. The Mayor, as the presiding officer, shall
hold all powers and duties in accordance with the law and shall exercise
executive power of the Borough. It shall be the duty of the Mayor
to see that all laws and ordinances within the Borough are duly observed.
The Mayor shall address the Council and report to residents annually
on the condition of the Borough and at such other times as he/she
may deem necessary.
B.
Appointment power. The Mayor shall appoint, with the
confirmation of Council, an Assessor, a Tax Collector, an Attorney,
a Prosecutor and Alternate Prosecutor, a Clerk, a Chief Financial
Officer and such other officers as may be required by law. The Mayor
also shall appoint, with confirmation of Council, all officers and
employees whose appointment or election is not otherwise provided
for by law or by this code. Whenever required to make such an appointment,
the Mayor shall nominate and, with the confirmation of Council, appoint
appropriate personnel, including the filling of vacancies. Appointments
to fill vacancies shall be for the unexpired term only, and the Mayor
shall make such nomination within 30 days after the office becomes
vacant. If the Mayor fails to nominate an individual within said 30
days, at the expiration of the 30 days the Council shall appoint the
officers. Such Council appointments shall require four affirmative
votes from the members of Council present at the meeting. If the Council
fails to confirm any nomination made by the Mayor and requiring Council
confirmation, then, after the expiration of 30 days from the day of
nomination, the Council shall appoint the officers. Such Council appointments
shall require four affirmative votes from the members of Council present
at the meeting.
C.
Other duties. The Mayor also shall preside at all
meetings of the Council; state the question and announce the result
on all matters on which the Council will vote; rule on all questions
of order subject to appeal by and to the Council; sign all ordinances
adopted in his/her presence; appoint, with Council confirmation, special
Council task forces to carry out the work of the governing body; keep
the Council President fully informed on all issues to ensure adequate
communication with the entire governing body; duly notify the Clerk
and Council President of intended absences from the jurisdiction (as
defined by statute); and shall have such other functions, powers and
duties as the Council and law may prescribe.
On each reorganization day, the Council will
elect from among itself a President, to serve a one-year term. No
individual will serve for more than three years consecutively. The
Council President shall hold all powers and duties in accordance with
the law; shall keep the Mayor fully informed on all issues to ensure
adequate communication with the entire governing body; shall facilitate
the annual organization of standing Council committees and present
such Committees for confirmation on reorganization day; shall provide
final approval of each meeting agenda throughout the year; and shall
sign all ordinances adopted in his/her presence when serving as presiding
officer.
The governing body shall accomplish the work
of the government through three specific categories of committees:
A.
Standing Council committees. Six committees, as presented
by the Council President and confirmed by Council on each reorganization
day, shall oversee policy and procedure in all major departments of
the municipality. Each Council member will serve on three committees,
holding the position of Chairperson for one committee, the position
of second to Chairperson on another, and the position of third to
Chairperson on the third committee. In addition to other responsibilities
set forth in this chapter and to working with appropriate municipal
department heads and employees, committee Chairpersons will fulfill
duties as prescribed in the Borough financial policies and procedures,
will adhere to Borough ordinances and law, will hold regular committee
meetings to ensure effective Council communication and officially
will report at the second regular monthly meeting of Council on recent
committee activities.
B.
Mayor's blue ribbon committees. The Mayor, with confirmation
of Council, may appoint as many as three "blue ribbon" committees
annually to serve for a period, to be designated at the time the committee
is created, of not less than two months and not more than nine months,
to focus special attention to specific issues not otherwise included
among standing Council committee responsibilities. Such committees
will consist of three governing body members, including a Chairperson.
Official reports of the blue ribbon committees will be made by the
Chairperson on an as-needed basis and will appear as regular agenda
items for discussion and action.
C.
Community advisory committees. The governing body
may appoint community advisory committees to assist in those aspects
of government that require community involvement. Such committees
will consist of not more than nine members and one Council liaison.
If a particular community committee falls under the auspices of a
standing Council committee, that Council Chairperson will serve as
liaison. Otherwise, the governing body will appoint a Council liaison.
Members of community advisory committees shall consist of Borough
of Sea Bright employees, as well as Sea Bright residents, property
owners, or business owners and/or business managers in Sea Bright.
Each committee will elect its Chairperson. The Council liaison will
provide official reports of committee activity to Council as specific
agenda items and on an as-needed basis and will oversee committee
compliance with the legal and financial aspects of the municipal government.
[Amended 2-3-2004 by Ord. No. 2-2004; 9-6-2005 by Ord. No. 18-2005]
A.
The Municipal Clerk shall serve as Clerk of the governing body, with all responsibilities as prescribed by law. In the absence of the Clerk, the governing body shall appoint a Clerk Pro Tempore as set forth in § 3-5B.
B.
The Borough Clerk shall serve as the custodian of
government records in accordance with the New Jersey Open Public Records
Act, N.J.S.A. 47:lA-l et seq. The custodian shall be responsible for
compliance with the Open Public Records Act and shall establish a
policy and develop and maintain forms relating to public access to
government records in accordance with the Open Public Records Act.
The custodian shall also serve as coordinator and records manager
responsible for implementing local archives and records retention
programs mandated by law.
[Added 5-18-2004 by Ord. No. 12-2004]
[Added 5-18-2004 by Ord. No. 12-2004]
A.
Whenever the nature, format, matter of collation or
volume of a government record embodied in the form of printed matter
to be inspected, examined or copied pursuant to the Open Public Records
Act, N.J.S.A. 47:lA-1 et seq. is such that the record cannot be reproduced
by ordinary document copying equipment in the ordinary business size
or involves an extraordinary expenditure of time and effort to accommodate
the request, the Borough may charge, in addition to the actual cost
of duplicating the record, a special service charge that shall be
reasonable and shall be based upon the actual direct cost of providing
the copy or copies.
B.
A special service charge may be assessed for providing
copies of documents and/or for providing access to documents for inspection
purposes, provided that the custodian of records determines that the
Borough does not have the capability to satisfy the request and/or
the request involves an extraordinary expenditure of time and effort
on behalf of the custodian of records and/or the staff or agents of
the Borough in order to accommodate the request. For the purposes
of this section, the term “extraordinary” shall be construed
to mean that which is beyond what is common or usual, and shall be
determined on a case-by-case basis.
C.
The special service charge shall be the direct cost
incurred in reproducing the requested government records(s).
D.
The custodian may arrange for duplication of government
records by outside sources where the Borough does not have the capabilities
to satisfy the request in-house. In such circumstances, the custodian
may utilize informal bidding techniques and shall endeavor to find
the least expensive means to accommodate this request.
E.
Government records shall be provided in the medium
requested based upon the Borough’s capabilities. If the Borough
does not have the ability to supply a public record in the medium
requested, the custodian of records shall either convert the record
to the medium requested or provide a copy in some other meaningful
medium. If a request is for a record in a medium not routinely used
by the Borough, not routinely developed or maintained by the Borough
or requiring a substantial amount of manipulation or programming of
information technology, the Borough shall impose a special service
charge in addition to the actual cost of duplication. The special
service charge shall be reasonable and shall be based upon the cost
for any extensive use of information technology or for the labor cost
of personnel providing the service that is actually incurred by the
Borough or attributable to the Borough for the programming or clerical
and supervisory assistance required, or both. The custodian shall
not be required to satisfy a request through any medium that would
render harm, violate any licensing agreements or jeopardize the security
of any computer hardware or software and shall find other acceptable
mediums to satisfy a request.
F.
The special service charge may also include the direct
cost(s) associated in providing access to record(s) for inspection
purposes. Such costs shall be determined by the custodian of records
based upon the actual time and effort incurred by Borough staff and/or
agents best suited to reply to the request. The charge may include
the hourly wage rates of staff and/or agents involved in all tasks
related to accommodating the request, multiplied by the total number
of hours spent by such staff or agents. The charge may also include
reasonable costs attributable to supervisory work where participation
by supervisory personnel is required in order to accommodate the request.
G.
In all cases, the custodian shall endeavor to utilize
the least expensive means to accommodate a request for access to government
records, and the custodian shall provide the requestor with an opportunity
to review and object to any special service charge prior to it being
incurred.
H.
A deposit of 50% of the estimated cost to satisfy
a special service charge shall be required in advance. The. requestor
shall be responsible for paying the remainder at the time that the
public record(s) and/or services are provided.
[Amended 6-21-2016 by Ord. No. 18-2016]
An agenda for each meeting of the Council shall
be prepared by the Clerk in consultation with the Council President
and shall provide the specific order of business and action for that
particular meeting.
A.
Preparation.
The Municipal Clerk will accept agenda items only as submitted by
the Mayor, Council President, Chief Financial Officer, Municipal Attorney,
Municipal Administrator or the appropriate Chairpersons of standing
Council committees. The Municipal Clerk will not accept agenda items
or supporting materials after the deadline(s) established in this
chapter.
B.
Deadlines
and delivery. The agenda shall be completed no later than 12:00 noon
on the Friday preceding the regular Tuesday meeting of Council. In
the event of official Borough closings, the Municipal Clerk shall
establish an alternate agenda deadline and shall provide the governing
body adequate notice of such changes. A tentative agenda will appear
on the municipal website no later than 4:30 p.m. on or before that
Friday. The agenda and support materials, known as the "packet," shall
be provided to the Police Department by 4:30 p.m. on or before the
Friday preceding the regular Tuesday meeting and shall be hand delivered
to the governing body.
C.
Urgent
additions. The Clerk may accept additional items or any supporting
materials to the published agenda only from the Municipal Administrator,
Municipal Attorney, Chief Financial Officer and/or as approved by
both the Mayor and Council President. Such items and/or documentations
must appear on a revised agenda no later than 12:00 noon on the day
of a Council meeting.
[Amended 2-15-2011 by Ord. No. 3-2011; 6-21-2016 by Ord. No. 18-2016]
The regular meetings of the Council shall be held on the first
and third Tuesday of each month, and adequate notice will be provided
according to law. The workshop meeting of the Council shall be held
on the second Thursday of each month, and adequate notice will be
provided according to law. A recessed meeting shall be considered
a continuation of a preceding meeting, and the business of the Council
shall resume where it was last acted upon. Special meetings can be
called by the Mayor or Council and will be held and adequate notice
will be provided according to law. An annual reorganization meeting,
known as "reorganization day," will be held on the first Saturday
following January 1 and will replace the first meeting of the month
of January each year.
A.
Time limits. Meetings of the Council will be limited
to 2.5 hours of duration, including executive session deliberations.
Extension of that time limit can be made only through a motion and
majority vote of Council.
B.
Order of business. The agenda, executed in compliance
with Roberts Rules of Order under the authority of the Mayor or other
presiding officer, will dictate the order of business for each meeting
of Council. The agenda regularly will include approval of minutes,
ordinances, resolutions, old business items and new business items.
Each regular meeting of Council will include sections entitled "Remarks
from the Public" and "Mayor's Report." The second regular meeting
of each month will include a section entitled "Standing Committee
Reports."
C.
Consent agenda. The Clerk, at his/her discretion,
may submit a "consent agenda," which compiles routine action items
into one motion for adoption. Consent agenda items cannot be added
after the primary agenda deadline. Before adopting the consent agenda,
any Council member may remove an included item for separate action.
Personnel appointments and new nonbudget expenditures will not be
included on the consent agenda.
D.
Action and discussion. The Mayor or other presiding
officer will not allow discussion of or action on items not on the
agenda. Neither standing Council committee reports nor the Mayor's
report will include items requiring Council action unless previously
submitted to the agenda.
E.
Statements
by members of the public.
(1)
Three
minutes is a reasonable amount of time for individual members of the
public to address the governing body of the Borough of Sea Bright;
and
(2)
Limiting
the time to address the governing body of the Borough of Sea Bright
to three minutes will provide more members of the public with a greater
opportunity to address the Mayor and Council; and
(3)
The
Mayor or Acting Mayor will maintain discretion in allowing members
of the public to exceed the three-minute time limit; and
(4)
Upon
recognition by the Mayor or Acting Mayor, the person shall proceed
to the floor and give his/her name and address for the record. The
person shall address statements to the Mayor and Council as a body
and not to any member, employee, or professional unless permitted
by the Mayor or Acting Mayor. A Council member shall not direct any
question to a speaker addressing the governing body unless permitted
by the Mayor or Acting Mayor.[1]
[Added 10-19-2010 by Ord. No. 24-2010]
A.
Purpose.
The purpose of the within section is to adopt a policy establishing
a lower absentee threshold than that established in N.J.S.A. 40A:9-12.1.
The governing body believes that the hereinafter-established absentee
policy will help the Council, boards, committees, and authorities
to better function and perform their duties.
B.
Absentee
policy established. In the event that an elected official or member
of a board, committee, or authority established within the Borough
of Sea Bright fails to attend and participate at meetings of such
body for a period of six consecutive weeks, or three consecutive meetings,
whichever shall be of a longer duration, without being excused for
just cause, the Municipal Clerk or Secretary of said body shall notify
the governing body, in writing, of that determination. Said Council,
board, committee or authority may refuse to excuse said absences only
with respect to those failures to attend or participate which are
not due to just cause.
C.
The governing
body, upon being presented with the above determination, shall deem
said position vacant and proceed to fill said appointment for the
unexpired term in accordance with the appropriate statute.
[Added 10-19-2010 by Ord. No. 25-2010]
A.
The Borough
of Sea Bright hereby establishes a policy whereby elected officials
shall be required to attend courses and seminars in regard to their
responsibilities and duties in local governments.
B.
Such courses
and seminars are those that are offered by agencies and organizations
with an interest in furthering education in municipal government including,
but not limited to, the New Jersey League of Municipalities, Rutgers
University, and the New Jersey Mayors Association.
[Added 9-1-2020 by Ord. No. 8-2020]
A.
Annual stipends
for the Mayor, Council President and other members of the Borough
Council shall be established in the Salary Ordinance[1] and shall be set by resolution of the Borough Council.
B.
This section
shall apply only to those officials of the Borough elected to terms
commencing on or after January 1, 2021, or appointed to fill vacancies
thereafter.
