Pursuant to N.J.S.A. 40:69A-36, the legislative power of the Township shall be exercised by the Township Council, except as may be otherwise provided by general law, subject to the procedures set forth in this plan of government. Legislative powers shall be exercised by ordinance, except for the exercise of those powers that under this plan of government or general law do not require action by the Mayor as a condition of approval for the exercise thereof and may, therefore, be exercised by resolution, including but not limited to:
A. The override of a veto of the Mayor.
B. The exercise of advice and consent to the actions of the Mayor.
C. The conduct of a legislative inquiry or investigation.
D. The expression of disapproval of the removal by the Mayor of officers or employees.
E. The removal of any municipal officer for cause.
F. The adoption of rules for the Council.
G. The establishment of time and places for Council meetings.
H. The establishment of the Council as a committee of the whole and the delegation of any number of its members as an ad hoc committee.
I. The declaration of emergencies respecting the passage of ordinances.
J. The election, appointment, setting of salaries and removal of officers and employees of the Council, subject to any pertinent civil service requirements and any pertinent contractual obligations and within the general limits of the municipal budget.
K. The designation of official newspapers.
L. The approval of contracts presented by the Mayor.
M. The actions specified as resolutions in the Local Budget Law (N.J.S.A. 40A:4-1 et seq.) and the Local Finance Affairs Law (N.J.S.A. 40A:5-1 et seq.).
N. The expression of Council policies or opinions which require no formal action by the Mayor.
The Council has the general power and duties to:
A. Adopt the annual budget of the Township and salary ordinances establishing salaries for all department directors, Township employees, and salaries which are required by law to be fixed by ordinance.
B. At the discretion of Council, separate and apart from the required Township audit, cause to be made an annual audit of the Township's accounts and financial transactions as required by law. Such annual audit, if caused, shall be made by a registered municipal accountant of the State of New Jersey appointed by the Council and shall not be the same auditor as retained by the Township as the Township Auditor.
C. Pursuant to N.J.S.A. 40:69A-37.1, deal with employees of the Department of Administration and other administrative departments solely through the Mayor or designee. All contact with the employees and all actions and communications concerning the administration of the government and the provision of municipal services shall be through the Mayor or designee, except as otherwise provided by law. Nothing in this section shall be construed to prohibit the Council's inquiry into any act or problem of administration of the Township. Any Council member may at any time require a report on any aspect of the government of the Township by making a written request to the Mayor.
D. Pursuant to N.J.S.A. 40:69A-37(b), remove, by at least 2/3 vote of the whole number of the Council, any Township officer other than the Mayor or a member of the Council, for cause, upon notice and an opportunity to be heard, unless otherwise provided by state statutes.
E. Require any municipal officer, in its discretion, to prepare and submit sworn statements regarding said officer's official duties and the performance thereof and otherwise to investigate the conduct of any department, office or agency of the Township government. The Council may, by a majority vote of the whole number of its members, require the Mayor or designee to appear before Council, sitting as a committee of the whole, and to bring before the Council those records and reports and officials and employees of the Township as the Council may determine necessary to ensure clarification of the matter under study.
F. At the Council's discretion, by a majority vote of the whole number of its members, designate any number of its members as an ad hoc committee to consult with the Mayor or designee to study any matter and report to the Council President.
G. Appoint a Municipal Clerk as hereinafter set forth.
H. Adopt rules and regulations for conduct of business at its annual organization meeting.
I. Establish, alter or abolish such committees, commissions or agencies of the Township as permitted by law.
J. At the Council's discretion, separate and apart from Township-mandated committees or commissions or agencies, create advisory committees to assist it in its legislative function.
K. Reserve one business meeting in January for the Mayor to present the State of the Township Address to the Council and to the public.
[Amended 12-22-2011 by Ord. No. 2011-26; 9-28-2023 by Ord. No. 2023-43]
The Township Council shall consist of five members, elected at-large by the voters of the Township at the regular nonpartisan municipal election to be held at the time of the November general election. The terms of the members of the Council shall be four years, beginning on January 15 following such election. Accordingly, the terms of the Council members holding office at the time of the adoption of this ordinance shall be extended until January 15 beyond the expiration of their present term of office.
[Amended 12-22-2011 by Ord. No. 2011-26]
The Council, at its annual organizational meeting, shall elect a President and a Vice President to serve for one-year terms and/or until the election and qualification of their successors. In the absence of the President of the Council, the Vice President shall be the presiding officer. In the absence of both the President and Vice President, the Council shall elect a temporary presiding officer, who shall have the functions, powers and duties of the President during the President's absence. Upon the arrival of the President, the officer presiding shall relinquish the chair immediately upon the conclusion of the particular item of business before Council. At its annual organizational meeting, the Council shall approve its rules of procedure and set forth the format of its formal agenda.
Legislative powers shall be exercised by ordinance, except for those powers that may be exercised by resolution or do not require action of the Mayor as a condition of approval.
A. Except as otherwise provided by law, all ordinances and/or resolutions shall be prepared by the appropriate department director or by the Township Attorney or reviewed by the Township Attorney upon direction of the Council or Mayor. Each proposed ordinance or resolution requiring or permitting administrative action may be submitted to the Business Administrator and the director concerned, who shall, if required, provide the basis for such ordinance/resolution to the Council.
B. An ordinance or resolution may be introduced by any member of the Council. Each ordinance and each resolution shall be limited to a single subject, which shall be expressed in its title.
C. All ordinances shall be introduced, read, heard and enacted in the manner provided by general law. Each ordinance passed by the Council shall within three calendar days be delivered by the Municipal Clerk to the Mayor for approval or veto, and the Mayor shall within 10 calendar days after receiving any ordinance either approve the ordinance by signing it or return it to the Council by delivering it to the Municipal Clerk, together with a statement setting forth the Mayor's objections thereto or to any part thereof. Pursuant to N.J.S.A. 40:69A-41, no ordinance or any item or part thereof shall take effect without the Mayor's approval unless the Mayor fails to return an ordinance to the Council within 10 days after it has been presented to the Mayor or unless the Council, upon reconsideration thereof on or after the third day following its return by the Mayor, shall by a vote of 2/3 of the entire membership of the Council resolve to override the Mayor's veto.
D. Passage over veto. Whenever an ordinance has been reconsidered by the Council following a veto by the Mayor, the Municipal Clerk shall append to such ordinance a certification of the action of the Council upon such reconsideration in substantially the following form:
| I HEREBY CERTIFY that the above ordinance adopted by the Council on the _________ day of __________________, _____ was delivered to the Mayor on the _________ day of __________________, _____, and was returned to me on the _________ day of __________________, _____, together with the Mayor's statement of the reasons for which the Mayor was constrained to withhold approval of such ordinance, item or part thereof. On reconsideration thereof on the _________ day of __________________, _____, (the Council duly resolved by the affirmative vote of 2/3 of its members to enact such ordinance, item or part thereof notwithstanding the Mayor's veto) or (the Mayor's veto was sustained). |
---|
| _________________________ Municipal Clerk |
E. Ordinances not returned by Mayor. Whenever an ordinance shall take effect without the Mayor's signature by reason of the Mayor's failure to return it to the Council by filing it with the Municipal Clerk within 10 days after it has been presented to the Mayor, the Municipal Clerk shall append to such ordinance a certificate in substantially the following form:
| I HEREBY CERTIFY that the above ordinance adopted by the Council on the _________ day of __________________, _____, was presented to the Mayor duly certified on the _________ day of __________________, _____, and upon the Mayor's failure to sign it or return and file it with the Municipal Clerk within the 10 days thereafter, the said ordinance took effect in like manner as if the Mayor has signed it. |
---|
| _________________________ Municipal Clerk |
F. Filing of reports and resolutions. The Council shall file with the Municipal Clerk all petitions, resolutions or other papers considered by it on each matter. All reports to the Council and all resolutions shall be filed with the Clerk.