The Governing Body shall consist of the Mayor and six (6) Councilmembers
elected at-large in the Borough, all of whom shall be elected and
take office in the manner provided by law. The term of office shall
commence January 1 next following their election.
[Amended 4-16-2024 by Ord. No. 2024-16]
The Mayor shall preside over all meetings of the Council but
shall not vote except to give the deciding vote in case of a tie.
Except as otherwise provided by statute or specific ordinance, the
Mayor shall nominate and, with the advice and consent of the Council,
appoint all officers in the Borough. No appointments requiring Council
confirmation shall be made except by a majority vote of the Councilmembers
present at the meeting, provided that at least three affirmative votes
shall be required for such purpose, the Mayor to have no vote thereon
except in the case of a tie. Vacancies in appointive offices shall
be filled by appointment in the same manner for the unexpired term
only. The Mayor shall make such nomination to fill a vacancy within
30 days after the appointive office becomes vacant. If the Mayor fails
to nominate within 30 days or the Council fails to confirm any nomination
made by the Mayor, then, after the expiration of 30 days, the Council
shall appoint the officer.
A. The Mayor
shall see that the laws of the state and the ordinances of the Borough
are faithfully executed and shall recommend to the Council such measures
as he/she may deem necessary or expedient for the welfare of the Borough.
The Mayor shall maintain peace and good order and have the power to
suppress all riots and tumultuous assemblies in the Borough.
B. The Mayor
shall have the powers granted by the laws of New Jersey and the ordinances
of the Borough. The Mayor shall supervise the conduct and acts of
all officers in the Borough and shall execute all contracts made on
behalf of the Council. The members of advisory committees to the municipality
created pursuant to Borough Code and N.J.S.A. 40A:60-7 shall be nominated
by the Mayor and established by advice and consent of Council by resolution.
C. For the year
2024 and for each year thereafter, it is hereby established that the
Mayor shall receive an annual stipend of $2,500 to be paid on a quarterly
basis. The Mayor may elect to waive his/her stipend.
The Council shall by ordinance adopt rules of procedure not
inconsistent with this chapter.
[Amended 4-16-2024 by Ord. No. 2024-17]
A. The Council
shall possess all the powers granted by the laws of the State of New
Jersey.
B. For the year
2024 and for each year thereafter, it is hereby established that each
Councilmember shall receive an annual stipend of $1,500 to be paid
on a quarterly basis (March, June, August and November). Each Councilmember
may elect to waive his/her stipend.
A. Procedure
for passage; vote required. Borough ordinances shall be submitted
in writing for introduction at a meeting of the Council and be voted
on at such meeting. No ordinance shall be adopted except on second
reading after publication by the vote of a majority as required by
law, of the members of the Council present at the meeting, the Mayor
to have no vote except in the case of a tie.
B. Publication
of ordinances. No ordinance shall be considered for final adoption
until it has been advertised as required by law. The Municipal Clerk
shall be responsible for arranging for the advertising of proposed
ordinances.
C. Ordinance
presented to Mayor after passage; veto.
(1) Within
ten (10) calendar days after its passage, every ordinance passed by
the Council shall be presented to the Mayor by the Municipal Clerk.
(2) If the
Mayor approves an ordinance, he shall sign it within ten (10) calendar
days after its passage, and file it with the Municipal Clerk. If the
Mayor does not approve an ordinance, the ordinance shall be returned
to the Municipal Clerk, which shall include the Mayor’s objections.
At its next meeting, the Council shall cause the objections to be
entered at length on its minutes and proceed to reconsider the ordinance.
D. Passage over
veto; vote required. If two-thirds (2/3) of all the Councilmembers
at the next meeting or at any subsequent meeting to which they postpone
such reconsideration, vote to pass the ordinance or the vetoed part
over the veto of the Mayor, the ordinance shall take effect.
E. Records of
ordinances and resolutions. The Municipal Clerk shall record all ordinances
in books to be provided for that purpose. After each ordinance the
Clerk shall record and certify the proof of its publication as required
by law. Each ordinance so recorded shall be signed by the Mayor and
the Municipal Clerk, who shall attest that it was adopted on a date
stated, and when so signed the recorded copy shall be deemed to be
a public record of the ordinance. Any omission by the Clerk or the
Mayor to record, sign or certify shall not impair or affect the validity
of an ordinance which has been duly adopted.
The Mayor shall hold office for four (4) years and until his
successor qualifies. Councilmembers shall hold office for three (3)
years and until their successors qualify and their respective terms
shall be arranged so that the terms of two (2) members of Council
expire at the end of each year.
At the organizational meeting the Council, by a majority vote,
shall elect from their number a President of the Council, who shall
preside at all of its meetings when the Mayor does not preside. The
President of the Council shall hold office for one (1) year and until
the next annual meeting. The President of the Council shall have the
right to debate the vote on all questions before the Council. If the
Council at its annual meeting fails to elect a President, the Mayor
shall appoint the President from the Council and in that case no confirmation
by the Council shall be necessary. If the Mayor is absent from the
Borough for a period of three (3) consecutive days or for any reason
is unable to act, the President of the Council shall perform all the
duties of the Mayor during his absence or inability. In case of the
Mayor's intended absence from the Borough for more than three (3)
days at any one time, the Mayor shall notify the President in writing
of such intended absence, whereupon the President shall become Acting
Mayor upon the receipt of such notice and continue to act until the
Mayor's return. In case of the temporary inability of the President
to so act, the Councilmember having the longest term of service as
such may act temporarily for the President.
A. Organizational,
regular and special meetings. The Council shall meet for organization
on the first day of January, or during the first seven (7) days in
January in any year at such time and place as the Council may direct.
Thereafter, the Council shall meet regularly within the Borough at
such times and places as provided by the Rules of Council. The Mayor
shall, when necessary, call special meetings of the Council. In case
of his neglect or refusal, any four (4) members of the Council may
call such meetings at such time and place in the Borough as they may
designate. In all cases of special meetings, forty-eight (48) hours
written notice (or actual voice contact) shall be given to all members
of the Council. Written notice may be given by leaving such notice
at their places of residence.
B. Quorum. Three
(3) members of Council and the Mayor or, in the absence of the Mayor,
four (4) Councilmembers shall constitute a quorum for the transaction
of business.
C. Rules of
procedure. The Council shall provide by resolution rules of procedure
not inconsistent with law or this Code. Proceedings at all meetings
shall be conducted in accordance with Roberts Rules of Order, Revised,
except where the Council provides otherwise by resolution. The Attorney
shall give his/her opinion on questions of procedure at the request
of members of the Council.
Pursuant to N.J.S.A. 40A:60-7, the Council shall annually organize
itself into standing committees.
A. The standing
committees, nominated by the Mayor and established by advice and consent
of Council by resolution, are intended to expedite and facilitate
the work of the Borough Council. Nothing within this section shall
be interpreted as authorizing any acts by a standing committee that
legally and statutorily require action by the entire Borough Council.
No act of a standing committee can bind the Borough Council without
further action of the governing body.
B. All committees
shall consist of no less than two, and no more than three, elected
officials as not to violate the Open Public Meeting Act (OPMA) as
to a quorum. All members of a standing committee shall serve for the
balance of the calendar year of the year of their appointment, expiring
on December 31 of the year of appointment.
C. The committee
chairperson shall be nominated by the Mayor and established by advice
and consent of Council by resolution. The chairperson of each committee
shall inform the Mayor of the meetings of such committee and any of
the activities, reports, and recommendations of such committee. The
Mayor shall only attend a committee meeting upon request of the chairperson
when attendance by the Mayor will not create a quorum as defined by
N.J.S.A. 40A:60-3(d). The standing committees, along with their respective
responsibilities, shall be:
(1) Public
Works (Public Works, Engineering, Code Enforcement);
(2) Administration
& Legal (Administration, Insurance, Technology);
(3) Land
Use (Building, Zoning, Land Use Board, Flooding);
(4) Recreation
(Recreation, Beach, Beautification);
(5) Finance
(Budget, Grants, Reports, FEMA); and
(6) Public
Safety (Police, Fire, First Aid, OEM, Court).
D. Special committees
may be created by Council with members nominated by the Mayor and
established by advice and consent of Borough Council by resolution,
as needed for purposes other than those included above. The chairperson
of each standing committee shall serve as the liaison to any advisory
committee as to any issue for which the standing committee is responsible.
E. A standing
committee shall:
(1) Meet
when requested by the chairperson of the committee, such meetings
to occur at least quarterly. All members thereof may participate actively
in the committee deliberations, performances of duties and the formulation
of its recommendation to the Borough Council.
(2) Plan,
study, direct, make commitments within budgetary limitations, and
carry on the routine activities for which it has primary responsibility.
(3) Perform
such acts as may be assigned to it by the Borough Council.
(4) Report
and make recommendations to the Borough Council regarding its responsibilities
and activities.
Except as provided above, a standing committee shall not: (1)
expend funds without prior approval of the Borough Council; (2) make
promises or commitments to anyone which directly, or by inference,
bind the Borough Council; and (3) act in such manner or make decisions
which violate policies established by the Borough Council or other
applicable governmental division or entity.
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Pursuant to N.J.S.A. 40A:60-7, the Council may create such advisory
councils to the municipality as it may choose, including councils
for the functions absorbed by it of any heretofore existing boards,
commissions or districts. Members of such advisory committees shall
be nominated by the Mayor and established by advice and consent of
Council by resolution.
The Borough shall utilize the Ocean County Board of Health,
which shall meet all health-related responsibilities for the Borough
as provided by law.
There is hereby established in the Borough of Mantoloking an
Environmental Commission, which shall be established and governed
pursuant to the provisions of N.J.S.A. 40:56A-1.
The Environmental Commission shall consist of not less than
five (5) nor more than seven (7) members. The Mayor shall appoint
members to the Environmental Commission. All persons appointed to
serve on the Environmental Commission shall be residents of the Borough.
One person appointed to serve on the Environmental Commission shall
also be a member of the Planning Board. The Mayor shall designate
the chair and presiding officer of the Commission.
The terms of the persons initially appointed to serve on the
Environmental Commission shall be one (1), two (2), or three (3) years,
so that one-third (1/3) of all members' terms will expire each year.
Subsequent appointments shall be made for three (3) year terms.
The Environmental Commission shall have the powers and the duties
set forth in N.J.S.A. 40:56A-1 et seq. Specifically, the Commission
shall keep records of its meetings and activities and shall make an
annual report to the Council. The Commission shall keep an index of
all open areas, publicly or privately owned, within the Borough. The
Commission may study and make recommendations to Council and to the
Planning Board concerning open space preservation, water resources
management, air pollution control, solid waste management, noise control,
soil and landscape protection, environmental appearance, marine resources,
and protection of flora and fauna.
The Borough Council may allocate such funds as it deems appropriate
for the expenses of the Environmental Commission.
There is hereby established a Green Team Advisory Committee
to the Mantoloking Borough Council.
The general purpose for the Green Team Advisory Committee includes
but is not limited to the following:
A. Manage
the Borough's participation in the Sustainable Jersey program;
B. Encourage
the pursuit of sustainable practices where possible within the Township;
C. Make Green
Team information available to the public;
D. Work with
existing groups within the Township whose actions affect environmental
issues;
E. Provide
suggestions for further research and action to the Borough Council;
F. Solicit
and evaluate environmental ideas and suggestions from the community;
and
G. Promote
sustainability within the Borough.
The Green Team shall consist of the members of the Mantoloking
Environmental Commission. Membership on the Green Team shall be concurrent
with membership on the Environmental Commission. The Chair of the
Mantoloking Environmental Commission may appoint up to five additional
members. Said members shall be willing participants from the community
at large and shall serve for a period of two years from the date of
their appointment.
The Green Team may adopt schedule of regular meetings and submit
same to the Borough Council; may select volunteers to work on Green
Team projects; and may periodically submit reports and minutes to
the Borough Council.
Pursuant to N.J.S.A. App. A:9-33 et seq., there shall be a Municipal
Emergency Management Council, the members of which shall be appointed
by the Mayor. The Municipal Emergency Management Coordinator shall
serve as chairperson of the Emergency Management Council.