[HISTORY: Adopted by the Borough Council of the Borough of Red Bank 10-12-2023 by Ord. No. NP2023-16.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter was originally adopted as Ch. 85, Borough Council, but was renumbered to maintain the alphabetical organization of the Code.
A. 
The Borough Council is established under the charter adopted by the voters of Red Bank in the November 2022 general election.
B. 
The provisions of said charter are amended by Ordinance No. NP2023-01, adopted pursuant to N.J.S.A. 40:45-7.1, changing the date of the Red Bank regular municipal election to the date of the general election in the corresponding year.
A. 
The Borough Council shall consist of a Mayor and six council members, each elected at large by the voters of Red Bank.
B. 
The position of Mayor shall be elected directly by the voters of Red Bank, separately designed and voted upon.
C. 
The terms for the Mayor and council members shall be staggered. Of those elected to the first Council, the Mayor and two council members shall serve for four years, and four council members shall serve for two years, chosen by lot. In all subsequent elections, the seats for the Mayor and/or council members whose terms are set to expire shall be elected to four-year terms.
D. 
Elections for Mayor and/or council members shall be conducted on a nonpartisan basis as part of a regular municipal election to be conducted on the same date as the November general election in the corresponding year.
E. 
The municipal charter provides for runoff elections. Candidates for Mayor and/or council members are required to attain a sufficient number of votes under N.J.S.A. 40:45-18 to be elected. In the event the candidates fail to attain a sufficient number of votes, a runoff election shall be conducted in accordance with N.J.S.A. 40:45-18 et seq.
F. 
The terms for Mayor and council members shall commence on the first day of January next following their election.
A. 
The Mayor shall preside at all meetings of the Borough Council and shall have a voice and vote in its proceedings.
B. 
The Mayor shall execute all bonds, notes, contracts and written obligations of the Borough of Red Bank.
C. 
The Mayor shall fill vacancies in the trustees of the public library.
A. 
At each annual organization meeting immediately following the election of council members to a full term, the Borough Council shall elect a Deputy Mayor from among its membership, to serve a two-year term.
B. 
In the event of the Mayor's absence or inability to act, the Deputy Mayor shall carry out the duties of the Mayor.
C. 
In the event of a vacancy in the position of Deputy Mayor, the office shall be filled following the election procedure in Subsection A for the unexpired term.
A. 
All powers of the municipality shall be vested in the Borough Council, except as otherwise provided by the Faulkner Act[1] or other general law.
[1]
Editor's Note: See N.J.S.A. 40:69A-1 et seq.
B. 
The determination of all policy matters shall be vested in the Borough Council, except as otherwise provided by the Faulkner Act or other general law.
C. 
The Borough Council shall act as a body in all matters and shall deal with the administrative service solely through the Manager.
D. 
The following restrictions apply to council members acting in individual capacities:
(1) 
Individual council members shall not give orders to any subordinates of the Manager, either publicly or privately.
(2) 
Individual council members shall not seek to individually influence the official acts of the Municipal Manager, or any other officer.
(3) 
Individual council members shall not direct or request the appointment or removal of any person from an office.
(4) 
Individual council members shall not interfere in any way with the performance of the Municipal Manager of his or her duties.
(5) 
Any individual councilmember that violates the provisions of Subsections D(1) to (4) is subject to removal by a court of competent jurisdiction pursuant to N.J.S.A. 40:69A-91.
E. 
Notwithstanding the provisions in Subsection D, the Council may appoint committees or commissions of its own members or of citizens to conduct investigations into the conduct of any officer or department, or any matter relating to the welfare of the municipality, and delegating to such committees or commissions such powers of inquiry as the Council may deem necessary.
F. 
Executive and administrative departments, boards and offices; salaries.
(1) 
The Borough Council shall continue or create, and determine and define the powers and duties of, such executive and administrative departments, boards and offices as it may deem necessary for the proper and efficient conduct of the affairs of the municipalities. Any department, board or office so continued or created may at any time be abolished by the Borough Council.
(2) 
Except for any positions specifically established by ordinance, the salaried positions established by the Borough Council shall be those contained within a salary ordinance adopted by the Borough Council from time to time.