[Ord. No. 1991-1 § 2-1]
All legislative power of the Borough shall be exercised by the
Borough Council pursuant to the Charter except as may be otherwise
provided by general law. The Borough Council, in addition to such
other powers and duties as may be conferred upon it by the Charter
or otherwise by general law, may require any municipal officer to
prepare and submit sworn statements regarding his or her official
duties and the performance thereof and may investigate the conduct
of any department, office or agency of the municipal government.
[Ord. No. 1991-1 § 2-2]
The Council shall consist of the Mayor and four Council members.
Members of the Council shall be elected at large by the voters of
the Borough and shall serve for a term of three years beginning on
the first day of January next following their election, with the exception
of the first members of Council elected under the new Small Municipality
Plan (N.J.S.A. 40:69A-115 et seq.), which members shall be elected
as provided for by the provisions of N.J.S.A. 40:69A-117.2. The Mayor
shall be elected, however, for a term of four years beginning on the
first day of January next following his or her election.
[Ord. No. 1991-1 § 2-4]
Vacancies in the office of Mayor and Council shall be filled
in the manner provided by the Municipal Vacancy Law (N.J.S.A. 40A:16-1
et seq.).
[Ord. No. 1991-1 § 2-5]
The Borough Council will at its annual reorganization meeting
as provided for hereinafter select a Council President of the Council
from among its members (other than the Mayor). The Mayor shall preside
over all meetings of the Council. In the absence of the Mayor, the
Council President shall preside. In the absence of the Mayor and Council
President, the Borough Council shall select a temporary presiding
officer from among its members.
[Ord. No. 1991-1 § 2-7; Ord. No. 2006-17 § I]
a. Agenda.
The agenda for each regular meeting of the Borough Council shall be
prepared by the Clerk and made available to the Council members at
least 24 hours prior to the opening of the meeting, whenever practicable.
Written notice of changes in the agenda shall be made available to
each Council member prior to or at the time of convening of a meeting.
Except for an emergency matter which may be added at any time with
the approval of the Mayor, the agenda may include only such matters
of Council business as have been presented or delivered to the Clerk
not later than 48 hours prior to the start of the meeting, whenever
practicable.
b. Consent
Agenda. Items of business, excluding ordinances and as otherwise provided
by law, which the Borough Council has unanimously determined to be
routine and which do not require discussions, shall be included under
a single section of the agenda known as the "consent agenda." Such
items may be adopted or approved, as the case may be, upon a single
motion and approval thereof by vote of a simple majority of the Borough
Council. The "consent agenda" section of the agenda shall be preceded
by an explanatory note substantially set forth as follows: "All matters
listed under item 'Consent Agenda' are considered routine by the Borough
Council and will be enacted by one motion in the form listed below.
There will be no separate discussion of these items. If discussion
is desired on any item, that item will be considered separately."
c. Order
of Business. Promptly at the hour designated, if practicable, all
regular and special meetings of the Borough Council shall commence.
Unless otherwise authorized by resolution or motion of Council, all
business coming before the Council shall be heard and voted on in
the following order:
[Amended 2-15-2022 by Ord. No. 2022-01]
1. The Order of Business at all Regular Meetings shall be as follows:
(a) Call to Order - Roll Call.
(h) Minutes of Previous Meeting.
(i) Reports of Mayor and Council.
(j) Public Session for Resolutions.
2. The Order of Business at all Reorganization Meetings shall be as
follows:
(a) Call to Order - Roll Call.
(d) Nominations of Council President.
(e) Reports of Mayor and Council.
d. Call
to Order. The Mayor shall call each meeting to order. In his or her
absence, the President of the Council shall call the meeting to order
and shall preside during the absence of the Mayor. The Mayor shall
assume the chair as soon as he or she is in attendance at any meeting
which may have been called to order in his absence, and the President
of the Council shall thereupon relinquish the chair.
e. Presiding
Officer. The presiding officer shall:
1. State the question and announce the result on all matters upon which
the Council may vote.
2. Rule on all questions of order, subject to appeal to the Council.
3. Sign the minutes of all meetings of the Council.
f. Quorum
Call. At the opening of each meeting of the Borough Council, the Clerk
shall call the roll, and the names of those present shall be recorded
in the minutes. Three members of the Council shall constitute a quorum
for the conduct of business. If a quorum is not present by 1/2 hour
after the appointed time for any meeting, the meeting shall be deemed
adjourned.
g. Distribution
and Reading of Minutes. The Clerk shall, insofar as is practicable,
prepare and distribute to the Borough Council the minutes of each
meeting within 15 days of 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. The Clerk shall promptly
post a copy of the approved minutes in a public place in the Municipal
Building and shall leave such copy posted for 30 days.
h. Committees.
The Rules of the Borough Council shall, insofar as applicable, govern
meetings of the committee of the whole (work session meetings of Council)
and other committees of the Council which may be appointed from time
to time. Special committees of the Council for legislative purposes
may be appointed by the Mayor pursuant to resolution. No special committee
shall normally report on a matter referred to it at the same meeting
at which reference is made, except by unanimous consent of the members
of the committee.
i. Nominations
and Appointment.
1. The Borough Clerk will promptly inform the Borough Council when a
vacancy occurs on a Board or Commission, so that the Borough Council
will have a reasonable opportunity to submit to the Mayor names of
suggested candidates for his or her consideration. Nominations for
appointments requiring advice and consent of the Borough Council will
be submitted by the Mayor to the Borough Council in writing or by
email at least seven days prior to an agenda meeting at which the
nominations will be discussed and considered by the Borough Council.
The nomination may be confirmed at the regular meeting immediately
following the agenda session, or may be acted upon at the next regular
meeting thereafter, at the sole discretion of the Mayor.
2. With respect to appointments to be made by the Borough 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 Council. Where there is a single office to be filled, the sense
of the Council and the appointment shall be taken as to each nominee
in alphabetical order, and the first nominee to receive a majority
shall be deemed appointed. Where there is more than one office to
be filled, such as 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.
j. Addressing
Council.
1. Persons other than Council members may be permitted to address the
Borough Council in the proper order of business. A person present
may, upon recognition by the chair, be heard in the order of petitions
of citizens and public discussion. A person present may, upon recognition
by the chair and with the consent of a majority of the Council members
present, be heard at any other time. No person shall address any remark
or question to any specific Council member nor to any other person
present except by permission of the majority of the Council. A Council
member may, through the chair, respond to any communication or address
received pursuant to the section.
2. Except upon consent of the Borough Council, each person addressing
the Council pursuant to this section shall be required to limit his
or her remarks to five minutes and shall at no time engage in any
personally offensive or abusive remarks. The chair shall call any
speaker to order who violates any provision of this rule.
k. Decorum.
1. Each member of the Borough Council shall cooperate with the chair
in preserving order and decorum, and no member shall, by conversation
or otherwise, delay or interrupt the proceedings of the Council, disturb
any member while speaking or fail to abide by the orders of the Council
or its presiding officer, except as specifically permitted by these
rules.
2. Any person who shall disturb the peace of the Borough Council, make
impertinent or slanderous remarks or conduct himself or herself in
a boisterous manner while addressing the Council shall be forthwith
barred by the presiding officer from further remarks 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 majority
vote of the Council.
l. Filing
of Reports, Petitions and Resolutions. All reports to the Borough
Council and all resolutions and all petitions shall be filed with
the Clerk and referenced in the minutes of the Council.
m. Adjournment.
A motion to adjourn shall always be in order and shall be decided
without debate.
n. Roll
Call Votes; Minutes. The vote upon every motion, resolution or ordinance
shall be taken by roll call. The vote shall be "aye" or "nay," or
words to that effect, of affirmative or negative by each member, and
there shall be no further discussion following the commencement of
the roll call. The vote of each member shall be entered on the minutes.
Any member of the Borough Council may abstain from voting at any time.
When the roll is called on any question, the silence of a Council
member present shall constitute an affirmative vote, unless he or
she states that he or she abstains, in which event the abstention
shall not count as a vote "aye" or "nay." The question shall be determined
by a majority of those members voting unless otherwise provided by
law. The minutes of each meeting shall be signed by the officer presiding
and by the Borough Clerk.
o. Rules.
1. Except as otherwise provided by this Article or other provisions
of the Revision or state statute, all meetings of the Borough Council
shall be conducted in accordance with the provisions of the most recent
edition of Robert's Rules of Order, Revised. The Borough Attorney,
or his or her designee, shall serve as Parliamentarian for all such
meetings.
2. No rule or general regulation made by any department, board, officer,
agency or authority of the Borough shall take effect until it is approved
by the Mayor and filed with the Borough Clerk. The Borough Clerk shall
maintain a current compilation of all such rules and regulations,
which shall be available for public inspection in his or her office
during business hours.