A.
Legislative power. All legislative power of the Township
will be exercised by the Township Committee pursuant to the general
law of the State of New Jersey.
B.
Executive power.
(1)
The Township Committee shall act as general administrator
in those areas and/or departments of the Township as specifically
provided by various sections of this chapter and any and all statutory
provisions of the State of New Jersey as may be lawfully applicable
to the Township.
(2)
Such executive functions as budgetary preparations,
general appointive powers and the ability to require reports from
any and all Township departments or agencies are included within but
not exclusive of the governing body's executive power.
C.
Investigative power. The Township Committee may require
any Township officer in its discretion to prepare and submit sworn
statements regarding his official duties in the performance thereof
and otherwise to investigate the conduct of any department, office
or agency of the Township government. Nothing herein contained shall
prevent the Township Committee from appointing 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 Township and delegating to such committees or commissions
such powers of inquiry as the Township may deem necessary.
A.
Annual organization meeting. The Township Committee
will organize annually within seven days of January 1, at which time
it will seat any new members after such newly elected members have
taken their oath of office, such oath to be administered by the Township
Municipal Judge. After any and all newly elected members have been
seated, the Township Committee shall elect a Chairman and Vice Chairman.
B.
Chairman of Township Committee. He shall preside at
meetings of the Township Committee and act as the ceremonial head,
representing the Township Committee. In the absence of the Chairman,
the Vice Chairman shall assume the duties and responsibilities of
the Chairman.
A.
Regular meetings. The Township Committee shall meet
regularly at a time fixed by resolution. When the time for any regular
meeting, other than the annual meeting, falls on a legal holiday as
prescribed by law, such meeting shall be held at the same hour on
the next succeeding day which is not a legal holiday. The Township
Solicitor, Township Clerk and any such other Township official as
may be required shall attend regular meetings of the Township Committee.
B.
Special meetings. The Chairman of the Township Committee
may at any time and, upon written request of a majority of the Committeemen,
shall, call a special meeting of the Township Committee. 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 Clerk and served upon each Committeeman, as hereinafter provided,
at least 24 hours prior to the time for which the meeting is called;
provided that the Chairman may determine that an emergency exists
affecting the health or safety of the people which requires consideration
by the Township Committee within a shorter time, and upon such determination,
which the Chairman shall set forth in the call, the call may be filed
with the Clerk at any time not less than three hours prior to the
time set for the meeting. Upon the filing of any call for a special
meeting, the Clerk shall give notice thereof by telephone to each
Committeeman at such place as he shall have previously designated
for that purpose, and shall also serve or cause to be served a written
copy of the call upon each Committeeman by delivery of a copy to him
personally or by the leaving of a copy in his usual place of abode.
The Police Department shall cooperate with the Clerk in effectuating
such service of notice. Upon written waiver of notice executed by
all members of the Committee, a special meeting may be held without
prior notice notwithstanding the above provisions of this subsection.
Any Township officer or employee may be required to attend special
meetings of the Committee.
The Committee may meet at any time in an informal
conference for the consideration of any Township business or to meet
with any officer or employee of the Township or any person on Township
business.
A majority of the whole number of the Township
Committee shall constitute a quorum, but no ordinance shall be adopted
by the Committee without the affirmative vote of a majority of all
the members of the Committee. If a quorum is not present 1/2 hour
after the appointed time for any meeting, the Chairman or the Clerk
may declare the meeting adjourned.
The vote upon every resolution or ordinance
shall be taken by roll call and the yeas and nays shall be entered
on the minutes. The minutes of each meeting shall be signed by the
officer presiding at such meeting and by the Clerk.
A.
Ordinances shall be introduced and sponsored by a
member of the Township Committee, except that the Township Solicitor
or the Township Clerk may present ordinances to the Township Committee
and any Township Committeeman may assume sponsorship thereof by moving
that such ordinance be adopted.
B.
All ordinances, before passage by the Township Committee,
shall have been approved as to form and legality by the Township Solicitor.
A.
Resolutions shall be introduced and sponsored by a
member of the Township Committee, except that the Township Solicitor
or the Township Clerk may present resolutions to the Township Committee
and any Township Committeeman may assume sponsorship thereof by moving
that such resolution be adopted.
B.
All resolutions, before passage by the Township Committee,
shall have been approved as to form and legality by the Township Solicitor.
A.
Organized annually. The Township Committee, at its
annual reorganization meeting or no later than the second regular
meeting thereafter, shall by resolution establish various subcommittees
from the members of the Township Committee.
B.
Function of subcommittees.
(1)
Such subcommittees shall act as administrative overseers
of all Township departments, establishing the administrative policy
of the various Township departments and agencies which are allocated
and assigned to such subcommittee. Furthermore, such subcommittees
shall be authorized to make and be responsible for any and all budgetary
requests and/or expenditures of the assigned departments. However,
any and all requests or expenditures must comply with all other relevant
sections of this chapter, such as the purchasing section.[1]
(2)
Said subcommittees shall be ultimately and completely
responsible to the Township Committee and shall make periodic reports
of their activities and of those assigned departments' activities
at least monthly to the Township Committee at one of its regular or
special meetings.
A.
Presiding officer. The Chairman of the Township Committee
chosen in the manner and for the term prescribed by this chapter shall
preside at all meetings, and in the absence of the Clerk, shall appoint
a Clerk pro tempore.
B.
Agenda. An agenda for each regular meeting of the
Township Committee shall be prepared by the Clerk, under the supervision
of the Chairman of the Township Committee.
C.
Call to order. The Chairman of the Township Committee
shall call each meeting to order. In his absence and the absence of
the Vice Chairman, the Clerk shall call the meeting to order and those
present shall select a temporary Chairman and Vice Chairman. The Chairman
shall assume the chair as soon as he is in attendance at any meeting
which may have been called to order in his absence, and the temporary
Chairman shall thereupon relinquish the chair.
D.
Quorum call. At the opening of each meeting of the
Township Committee, the Clerk shall call the roll and the names of
those present shall be recorded in the minutes. Three 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 Clerk may declare the meeting adjourned.
E.
Order of business. The order of business at each meeting
of the Township Committee shall be as follows:
(1)
Invocation.
(2)
Flag salute.
(3)
Roll call.
(4)
Approval of minutes of previous meeting.
(5)
Ordinances upon second reading.
(6)
Ordinances upon first reading.
(7)
Resolutions.
(8)
External communications.
(9)
Subcommittee reports.
(10)
Reports of other Township officials.
(11)
Old business.
(12)
New business.
(13)
Adjournment.
F.
Roll call votes and minutes. The vote upon every motion,
resolution or ordinance shall be taken by roll call vote and the results
shall be entered in the minutes. The minutes of each meeting shall
be signed by the presiding officer and the Clerk.
G.
Rules of debate.
(1)
The Chairman of the Township Committee or the presiding
officer of the meeting shall not be deprived of any right to vote
or of any other rights, powers or duties of a Township Committeeman
by virtue of occupying the office of Chairman of the Committee.
(2)
A member of the Township Committee shall be entitled
to the floor upon recognition by the chair.
(3)
The Committeeman who has made a motion shall be entitled
to the privilege of closing debate.
H.
Voting. When the roll is called upon any question,
the silence of a Committeeman shall constitute an affirmative vote
unless he states that he abstains.
I.
Rules of order. Except as specifically provided in
these rules, Robert's Rules of Order shall govern.
[Added 5-6-2020 by Res. No. 20-50]
A.
Whereas,
the Township of Deerfield in past practice has not permitted the Chair
of the Township Committee to make a first motion or a second motion
on any issue or question; and
B.
Whereas,
this past practice has limited the elected member of the Committee
designated as the chair; and
C.
Whereas,
N.J.S.A. 40A:63-2(a)(1) states, "The elected officers of every township
shall be the members of the township committee ..."; and
D.
Whereas, there is no such motion restriction placed upon the chair in a township form of government in New Jersey state law, administrative code or as adopted at § 5-10I of the Code of the Township of Deerfield;
E.
Now, therefore,
be it resolved by the Township Committee of the Township of Deerfield
that the Chair of the Township Committee shall be permitted, but not
required, to make a first motion or a second motion on any issue or
question.
All reports to the Township Committee and all
resolutions shall be filed with the Township Clerk and entered in
the minutes of the Township Committee.
Any rule of the Township Committee may be suspended
by a 4/5 vote of the Township Committee.
