Township of Franklin, NJ
Somerset County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
All the powers of the Township and the determination of all matters of policy shall be vested in the Township Council, except as otherwise provided by the Charter, general law and this chapter.
[Amended 3-14-2000 by Ord. No. 3115; amended 11-12-2002 by Ord. No. 3333]
A. 
Conduct of meetings.
[Amended 2-11-2003 by Ord. No. 3355; 2-8-2005 by Ord. No. 3525; 10-9-2007 by Ord. No. 3710; 9-8-2009 by Ord. No. 3839; 6-10-2010 by Ord. No. 3882]
(1) 
All meetings shall be conducted by the Mayor when present.
(2) 
The Deputy Mayor shall conduct the meeting when the Mayor is absent.
(3) 
If the Mayor and Deputy Mayor are both absent, the Township Clerk shall call the meeting to order and conduct the nomination and election of a Temporary Chairperson. The Temporary Chairperson shall conduct the meeting, but shall have no powers beyond those necessary to conduct the meeting.
(4) 
The Township Attorney shall be the Parliamentarian.
(5) 
The meeting shall be conducted in accordance with these regulations and Robert's Rules of Order for items not covered in these regulations.
B. 
Agenda.
[Amended 11-12-2002 by Ord. No. 3333; 2-11-2003 by Ord. No. 3355; 2-8-2005 by Ord. No. 3525; 6-14-2005 by Ord. No. 3549; 10-9-2007 by Ord. No. 3710; 1-6-2009 by Ord. No. 3808; 9-8-2009 by Ord. No. 3839; 6-10-2010 by Ord. No. 3882]
(1) 
The proposed agenda for each meeting shall be compiled by the Township Clerk and the Township Manager, who shall consult with the Mayor and the Deputy Mayor as the presiding officers of the Township Council. The Township Clerk shall make the proposed agenda available to the public and press upon request after same has been made available to Council. All ordinances and resolutions shall be distributed to the Council no later than the third business day preceding the meeting of the Council.
(2) 
The Council may amend the agenda at the meeting upon the determination that a need to amend the agenda exists. A majority of Council members present must agree that a need exists in order to add an item for discussion.
(3) 
A member of Council, the Manager, and the Attorney may cause matters to be listed on the proposed agenda to be reviewed at the work session meeting. If a majority of members of Council do not agree the items should be included in the agenda for the regular meeting, the items shall be deleted.
(4) 
The agenda for the work session meetings shall be as follows:
(a) 
Call to order.
(b) 
Public discussion (two minutes per speaker).
(c) 
Council's subcommittee report.
(d) 
Council discussion items.
(e) 
Council comments/reports.
(f) 
Executive session.
(g) 
Adjournment.
(5) 
The agenda for regular meetings of the Council shall be as follows:
(a) 
Call to order.
(b) 
Pledge of allegiance.
(c) 
Invocation.
(d) 
Roll call.
(e) 
Commendations and proclamations.
(f) 
Mayor's report.
(g) 
Deputy Mayor's report.
(h) 
Public discussion (five minutes per speaker).
(i) 
Council comments/reports.
(j) 
Approval of minutes.
(k) 
Approval of warrants.
(l) 
Public hearing and adoption of ordinances on second hearing.
(m) 
Introduction of ordinances on first reading.
(n) 
Adoption of consent agenda resolutions.
(o) 
Resolutions.
(p) 
Old business.
(q) 
Executive session.
(r) 
Adjournment.
(6) 
The agenda for combined worksession/regular meetings of the Council shall be as follows:
(a) 
Call to order.
(b) 
Pledge of allegiance.
(c) 
Invocation.
(d) 
Roll call.
(e) 
Commendations and proclamations.
(f) 
Mayor's report.
(g) 
Deputy Mayor's report.
(h) 
Public discussion (five minutes per speaker).
(i) 
Council comments/reports.
(j) 
Council discussion items.
(k) 
Approval of minutes.
(l) 
Approval of warrants.
(m) 
Public hearing and adoption of ordinances on second reading.
(n) 
Introduction of ordinances on first reading.
(o) 
Adoption of consent agenda resolutions.
(p) 
Resolutions.
(q) 
Old business.
(r) 
Executive session.
(s) 
Adjournment.
(7) 
All ordinances shall be read by the Mayor, Deputy Mayor or Township Clerk, by title only, before introduction and adoption.
(8) 
All consent agenda resolutions shown on the regular meeting agenda shall be considered in the form of one motion by the Township Council. If any member of the Township Council requests that a consent agenda resolution be considered and voted upon independently of all other consent agenda resolutions, then that item will be read by title by the Mayor, Deputy Mayor or Township Clerk and a separate vote shall be taken. All other consent agenda items not affected by the requests shall be considered in the form of one motion by the Township Council. All resolutions not on the consent agenda shall be voted on separately and shall be read by title only by the Mayor, Deputy Mayor or Township Clerk.
C. 
Addressing the Council. Any person desiring to address the Council shall first seek recognition by the Mayor or presiding officer and, upon recognition shall confine his or her statement to the order of business prescribed by this section:
(1) 
Ordinances. Under the heading of "Public Hearing on Ordinances" any person may address the Council during the public hearing on the ordinance under consideration at that meeting.
(2) 
Oral petitions and remarks. Under the heading of "Public Discussion" any person may address the Council on any matter.
[Amended 2-8-2005 by Ord. No. 3525]
(3) 
Upon recognition from the Mayor or the presiding officer, a person shall proceed to the floor and give his or her name and address. He or she shall limit his or her statement to five minutes or such shorter time as may be determined by Council.
[Amended 2-8-2005 by Ord. No. 3525]
D. 
Minutes.
[Amended 2-27-2007 by Ord. No. 3657]
(1) 
All meetings other than closed session, shall be recorded on digital disc.
(a) 
Audio recordings shall be authenticated by the Township Clerk and the person conducting the meeting.
(b) 
Audio recordings shall be preserved in a manner prescribed by the State Records Retention Law (N.J.S.A. 17:16W-1 et seq.).
(c) 
The Township Clerk shall make available to any member of Council a recording on compact disc of any portion of a meeting within one working day of the request.
(d) 
The Township Clerk shall make available a computer so that the public may listen to the audio recording of the meeting.
(e) 
Any person may purchase a compact disc in accordance with the provisions set forth in Chapter 180, Fees, of the Code of the Township, if any. Compact discs may not be returned for credit if they have been taken from the Township Clerk’s office. The Township Clerk shall make available for purchase a compact disc within seven working days of receiving the request to purchase same, as per the Open Public Records Act.
(f) 
The Township Clerk shall post on the Township’s Web site the audio recording of the meeting within three days of the meeting.
(2) 
In case of conflict between the written minutes and the audio recording, the audio recording shall be authoritative. In case of a defect in the audio recording, the written minutes shall be considered the authoritative record of the meeting.
(3) 
Closed session minutes shall be approved in open session; provided, however, that any discussion concerning the contents of the minutes, prior to approval, shall be conducted in closed session.
(4) 
Approved minutes, other than minutes of closed sessions, with all corrections and additions made, shall be made available to the public within three working days of approval. Any person may purchase a copy of the minutes at the rates fixed by law.
(5) 
The Township Clerk shall make an index of open session minutes and released closed session minutes showing ordinances, resolutions and discussions by topic.
(6) 
The Township Clerk shall preserve approved minutes as a permanent record and the official authoritative record of the Council proceedings.
E. 
Closed session minutes.
(1) 
The Municipal Clerk shall forward copies of all executive session minutes still held in confidentiality to the Township Attorney during the months of June and December of each year. The Township Attorney shall review these minutes, determine which, if any can be released to the public in whole or in part without jeopardizing the need for confidentially, and advise the Municipal Clerk. The Municipal Clerk shall present a resolution to the Township Council for adoption releasing the executive session minutes, in whole or in part, as approved for release by the Township Attorney. Those executive session minutes to be released shall be designated by subject matter. Upon adoption of the resolution, those minutes or portions of minutes approved for release shall be placed in the minute books of the Township Council and available for public inspection.
(2) 
If a member of the public requests from the Municipal Clerk access to executive session minutes not yet released to the public as set forth above, the Municipal Clerk shall submit a request to the Township Attorney within three business days to review the specific minutes or subject matter as requested. The Township Attorney shall advise the Municipal Clerk within three business days if the minutes can be released. If approved for release by the Township Attorney, a resolution releasing said minutes shall be presented to the Township Council for adoption at its next regularly scheduled meeting. Upon adoption of the resolution by the Township Council, the minutes shall be released to the public.
F. 
Standing committees.
[Added 2-8-2005 by Ord. No. 3525; amended 6-14-2005 by Ord. No. 3549; 9-8-2009 by Ord. No. 3839]
(1) 
There shall be six standing committees of the Township Council as follows:
[Amended 5-24-2011 by Ord. No. 3936; 2-23-2016 by Ord. No. 4131-16]
(a) 
Administration.
(b) 
Financial Oversight.
(c) 
Public Safety.
(d) 
Land Use, Open Space, Parks and Recreation.
(e) 
Public Works.
(f) 
Economic Development.
(2) 
The standing committees shall consist of four members of the Township Council appointed by the Township Council in January of each year.
G. 
Meeting dates and times. Boards and Commissions that are appointed by the Township Council shall not schedule their regularly scheduled meetings on the same date and time of regularly scheduled meetings of the Township Council.
[Added 3-11-2008 by Ord. No. 3747]
An independent auditor shall be appointed by the Council pursuant to the general law. He/she shall receive such compensation as may be agreed upon and determined by the Council. The auditor shall be a registered municipal accountant of the state but need not be a resident of the Township. In lieu of appointing an individual auditor, the Council may appoint a firm of auditors, one or more members of which shall be registered municipal accountants of the state. The auditor shall make the annual audit.
[Amended 8-12-1997 by Ord. No. 2025; 6-10-2010 by Ord. No. 3882]
A. 
Appointment; term of office; qualifications; compensation. The Township Attorney shall be appointed by the Council by a majority vote of its members for a term of one year from the first day of January of the year of the appointment and until his/her successor has been appointed and qualified. The Township Attorney shall be an attorney at law of the state but need not be a resident of the Township. The Attorney shall be paid such retainer as may be agreed upon and authorized by the Council plus such fees and charges as shall be deemed reasonable.
B. 
Powers and duties. The Township Attorney shall:
(1) 
Serve as legal advisor to the Council and Manager on all legal matters of Township business.
(2) 
Represent the Township in all judicial and administrative proceedings, except as otherwise directed by Council, in which the municipality or any of its officers or agencies may be a party or have an interest.
(3) 
Draft or approve as to form and sufficiency all legal documents, contracts, deeds, ordinances and resolutions made, executed or adopted by or on behalf of the municipality.
(4) 
Supervise and direct the work of such additional attorneys and technical and professional assistants as the Council may authorize for special or regular employment in or for the municipality.
(5) 
Perform such duties as may be deemed necessary to provide legal counsel to the Council and the Manager in the administration of municipal affairs.
[Added 6-10-2010 by Ord. No. 3882[1]]
Appointment; term of office; qualifications; scope of work; compensation. The Council may appoint, by a majority vote of its members, for a term of one year from the first day of January of the year of the appointment and until his/her successor has been appointed and qualified, such additional attorneys as may be deemed necessary and appropriate. The additional attorneys shall be attorneys at law of the State but need not be residents of the Township. The additional attorneys shall provide such legal work as directed by Council and shall be paid as authorized by Council.
[1]
Editor's Note: This ordinance also provided for the redesignation of former §§ 5-7 through 5-9 as §§ 5-8 through 5-10.
[Amended 10-10-2000 by Ord. No. 3162]
Township Clerk shall be appointed by the Township Council by a majority vote of its membership to hold office and perform the duties of a Municipal Clerk as set forth in N.J.S.A. 40A:9-133.
[Amended 6-10-2010 by Ord. No. 3882]
There shall be a Deputy Township Clerk who shall be appointed by the Manager. The Deputy Township Clerk shall generally assist the Township Clerk in the proper performance of all his/her duties. The Deputy Township Clerk shall also have all the powers and perform all duties vested in the Township Clerk at such times as the Township Clerk shall be absent from the Township or unable to serve by reason of disability or otherwise. The Deputy Clerk shall attain the Registered Municipal Clerk certification from the State of New Jersey within three years of appointment.
[Amended 10-10-2000 by Ord. No. 3162]
Within the Department of the Township Clerk, there shall be a Division of Election Administration under the jurisdiction of the Township Clerk. This Division shall be responsible for performing election duties in accordance with N.J.S.A. 40A:9-133 for all elections set forth in Titles 19, Chapters 40 and 40A of the New Jersey statutes.
[Added 6-10-2010 by Ord. No. 3882]
A. 
Within the Department of the Township Clerk, there shall be a Division of Vital Statistics under the jurisdiction of the Township Clerk. He/she shall be responsible for the maintenance of vital statistics in accordance with mandated standards.
B. 
Within the Division of Vital Statistics, there shall be a Registrar of Vital Statistics, a Deputy Registrar and a Subregistrar, all of whom shall be appointed by the Manager for terms of service in accordance with state guidelines.
[1]
Editor's Note: Former § 5-11, Division of Grant Administration, was repealed 3-13-2012 by Ord. No. 3966. This ordinance also provided for the renumbering of former §§ 5-12 through 5-14 as §§ 5-11 through 5-13, respectively.
A. 
Appointment, compensation; assistant. The Township Manager shall be appointed and may be removed in accordance with the Charter. He/she shall receive such compensation as shall be provided by ordinance, payable as other municipal salaries are paid, unless and until otherwise provided by ordinance. The Manager may designate that the Assistant Township Manager or a qualified administrative officer of the municipality perform his/her duties during his/her temporary absence or disability. In the event of his/her failure to make such designation, the Council may, by resolution, appoint an administrative officer of the municipality to perform the duties of the Manager during such absence or disability until he/she shall return or his/her disability shall cease.
B. 
Powers and duties.
(1) 
Generally. The Manager shall be the chief executive and administrative officer of the municipality. He/she shall see that all ordinances, resolutions and policies of the Council and all the state laws subject to enforcement by municipal action are faithfully enforced and executed. He/she shall:
(a) 
Represent the municipality and assert its proper interest in relation to the state and other political subdivisions and with respect to municipal contracts and franchises.
(b) 
Attend all meetings of the Township Council with the right to take part in discussions but without the right to vote.
(c) 
Keep the Council advised of the financial condition of the municipality, make reports to the Council as requested by it and, at least once a year, make an annual report on the government for the benefit of the Council and the public.
(d) 
Study the governmental and administrative operations and needs of the municipal government and prepare and recommend to the Council necessary and desirable plans and programs to meet present and foreseeable needs.
(e) 
Investigate at any time the affairs of any officer or department of the municipality.
(f) 
Receive inquiries and complaints concerning Township business, provide information and assistance and remedy or cause to be remedied the source of any just complaint.
(g) 
Perform such other duties as may be required of him/her by ordinance or resolution of the Council.
(h) 
Enter, with the Township Council, into employment agreements.
(2) 
Administrative supervision and direction. The Township Manager shall:
(a) 
Direct and supervise the administration of all departments of the municipal government and be responsible for the maintenance of sound personnel policies and administrative practices.
(b) 
Approve all bills and vouchers for payment, subject to preaudit control as may be provided herein.
(c) 
Establish working, personnel, vacation and sick leave schedules and appropriate records and reports.
(d) 
Maintain a continuing review and analysis of budget operations, work programs and costs of municipal services.
(e) 
Approve or prescribe the internal organization of each department.
(f) 
Assign and transfer administrative functions, powers and duties among and within departments, subject to the Charter and organization code.
(g) 
Delegate to department heads and officers such of his/her duties and powers as he/she may deem necessary for efficient administration.
(h) 
Assign, as necessary, any department head, division head or other employee to any administrative, special staff or task force.
(i) 
Operate a reproduction center for internal forms and other documents.
[Amended 4-27-1999 by Ord. No. 3038]
There shall be an Assistant Township Manager who shall be appointed by the Manager. The Assistant Township Manager shall generally assist the Township Manager in the proper performance of all his/her duties. The Assistant Township Manager shall also have all the powers and perform all the duties vested in the Township Manager at such times as the Township Manager shall be absent from the Township or unable to serve by reason or disability or otherwise.
[Added 3-13-2012 by Ord. No. 3966]
There shall be a Special Projects Manager who shall be appointed by the Manager. The Special Projects Manager shall generally assist the Township Manager in the proper performance of all his/her duties, more particularly, special projects as directed by the Manager.
[Amended 3-27-2013 by Ord. No. 4013-13]
The Township Manager shall perform the duties of Director of Personnel and shall designate a Human Resources Officer, whose duties shall include the following: recruiting, examination, classification, assignment and coordination of performance evaluation functions; implementation of Township personnel ordinances, rules and regulations; maintenance of an official personnel records repository; conducting and coordination of personnel investigations and hearings; preparation and implementation of a pay plan and Salary Ordinance approved by Council; implementation and review of contracts with municipal employee organizations; implementation of the separation process; municipal employee training; benefits administration; and performance of such other personnel functions as the Manager may assign.[1]
[1]
Editor's Note: Former § 5-16, Procurement of goods and services, § 5-17, Division of Economic Development, and § 5-18, Division of Information Technology, were repealed 3-13-2012 by Ord. No. 3966..
[Added 3-13-2012 by Ord. No. 3966[1]]
There shall be a Human Resources Officer who shall be appointed by the Township Manager. The Human Resources Officer shall be responsible for all of the duties set forth in § 5-15, Personnel administration, and shall assist the Township Manager in his/her duties as the Director of Personnel.
[1]
Editor's Note: This ordinance also provided for the renumbering of former §§ 5-16 through 5-23 as §§ 5-17 through 5-24.