[New]
All legislative power of the Township, except as provided by
law, shall be exercised by the Township Committee pursuant to law.
[New]
The Township Committee shall organize annually during the first
week in January, at which time it shall elect a Mayor from among its
members. The Mayor shall preside at meetings of the Township Committee
and perform such other duties as the Township Committee may prescribe.
In the absence or disability of the Mayor, the Deputy Mayor shall
act as Mayor.
[New]
Whenever a vacancy occurs in the membership of the governing
body, the vacancy shall be filled in accordance with the provisions
of the Municipal Vacancy Law, N.J.S.A. 40A:16-1 et seq. Every person
appointed by the Township Committee 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.[1]
[1]
Editor's Note: The form of government in the Township
of Green Brook is the Township Form. The Administrative Code has been
drafted in conformity with the Township Law and in many instances,
provisions of the Township Law have been restated in the Code.
See also enabling laws relating to the Police Department N.J.S.A.
40A:14-118, Fire Department N.J.S.A. 40:14-7, Municipal Court N.J.S.A.
2B:12-1, General Powers N.J.S.A. 40:48-1 and 40:48-2, Board of Health
N.J.S.A. 26:3-1.
[New]
The Mayor shall have the power to appoint subcommittees of the
Township Committee with the consent of the Township Committee. He
shall sign and execute documents and agreements on behalf of the Township,
when authorized. He shall have the power to make proclamations concerning
holidays and events of interest in the Township. He shall exercise
the ceremonial power of the Township and every other power usually
exercised by Township mayors or conferred upon him by law.
[New]
The Township Committee shall meet at such times and places as
are determined by the Township Committee all in accordance with the
requirements of the Open Public Meetings Act.
[New]
A special meeting may be called at any time upon written request
of a majority of the members of the Township Committee or by the Mayor.
The request and call for a special meeting shall specify the purpose
of the meeting and no business shall be transacted at any special
meeting other than that specified. The call for a special meeting
shall be filed with the Township Clerk and shall be served upon each
Committee member as provided by law and such other notice shall be
given as provided by law.
[New]
All regular and special meetings of the Township Committee shall
be open to the public. Notice of all meetings shall be given in accordance
with the requirements of the Open Public Meetings Law, C. 231, P.L.
1975.
[New]
Matters of procedure not covered in this Code or statute shall
be governed by the By-Laws of the Committee as the same have been
adopted or modified by resolution.
[New]
A majority of the whole number of members of the Township Committee
shall constitute a quorum. If a quorum is not present 1/2 hour after
the appointed time for any meeting, the presiding officer or the Township
Clerk may declare the meeting adjourned.
[New]
The Township Committee shall elect, from among its members,
a Deputy Mayor. In the absence or disability of the Mayor, the Deputy
Mayor shall have all of the powers and duties of the Mayor.
[Ord. 4-11-92 § 1]
As used in this section, unless the context clearly indicates
a different meaning, the following words and phrases shall have the
meanings set forth:
Shall mean coverage afforded by insurance policies of every
kind whether the premiums be paid by the Township, the municipal official
or someone on his or her behalf.
Shall mean any officer, employee, board or committee member
appointed or hired by the Mayor, Township Committee or Department
Head authorized to make such hiring, whether full-time or part-time.
The term shall also include any person elected by the voters to fill
any official position in the Township, or any person subsequently
appointed to fill such position.
[Ord. 4-11-91 § 1]
Subject to the provisions of this section, the Township shall
reimburse a municipal official for all expenses incurred (specifically
including reasonable attorneys fees and court costs) and all monetary
judgments imposed upon him or her in any action or legal proceeding
of a non-criminal nature arising out of or incidental to the performance
of the duties of the position or office held by such municipal official.
The Township shall indemnify a municipal official for exemplary or
punitive damages resulting from the municipal official's civil
violation of State or Federal law if, in the opinion of the Township
Committee, the acts committed by the municipal official upon which
the damages are based did not constitute actual fraud, actual malice,
willful misconduct, or an intentional wrong.
[Ord. 4-11-91 § 1]
The Township shall not be obligated to provide reimbursement
in the following instances:
a.
Where the legal proceeding is instigated or brought by the municipal
official.
b.
Where the legal proceeding involves a claim of misfeasance or malfeasance
in office, or a claim of fraud, theft or misappropriation of public
funds, and the municipal official is found liable for the charge.
c.
Where the legal proceeding is instigated or brought by the Township
against the municipal official.
d.
Where the legal proceeding involves a question concerning the election
laws.
[Ord. 4-11-91 § 1]
The amount the Township is obliged to reimburse the municipal
official shall be reduced by any insurance coverage payable to the
municipal official by the net amount (recovery less attorney fees,
disbursements and court costs) of any money received by the municipal
official in any counteraction against the person or persons bringing
the action against him or her.
[Ord. 4-11-91 § 1]
A municipal official shall not be entitled to indemnification
or reimbursement pursuant to this section unless, within 10 calendar
days of the time he or she is served with any summons, complaint,
process, notice, demand or pleading, the municipal official delivers
the original or a copy thereof to the Township Clerk. The municipal
official shall be obliged to cooperate with the Township in the conduct
of his or her defense. Whenever competent and disinterested legal
counsel is available to the Township through any insurance coverage,
the municipal official shall be obliged to be represented by such
counsel. If the Township wishes to use the Township Attorney or the
Attorney for any Board or Committee of the Township to defend the
action, the municipal official shall be obligated to be represented
by that Attorney unless there is a conflict of interest. The refusal
of the municipal official to cooperate with the Township shall terminate
the Township's obligation to reimburse the municipal official.
[Ord. 4-11-91 § 1]
If the legal proceeding is terminated by an agreement among
the parties, then the Township shall not be obligated to reimburse
the municipal official unless the Township approves the settlement
agreement.
[Ord. 4-11-91 § 1]
If the municipal official files a counteraction in the legal
proceedings, the Township shall not be obligated to reimburse him
or her for any attorney fees or court costs attributable to such counteraction.
[Ord. 4-11-91 § 1]
The Township may reimburse a municipal official for a portion
of expenses incurred prior to a final decision in a legal proceeding,
but the Township shall be entitled to wait for a final determination
before being obligated to make any payments.
[Ord. 4-11-91 § 1]
To the extent N.J.S.A. 40A:14-155, as the same may be amended
or supplemented, provides broader indemnification to members of the
Township Police Department, that statute shall supersede this section.
[Ord. 4-11-91 § 1]
Any legal action which may be covered by this section which
has not been reduced to a final judgment as of the effective date
of this section, shall be covered by the terms of this section.
