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[1] shall be extended until January 15 beyond the expiration
of their present term of office.
[1]
Editor’s Note: "This ordinance" refers to Ord. No. 2011-26,
adopted 12-22-2011.
[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).
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|---|---|
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_________________________
Municipal Clerk
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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.
| |
|---|---|
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_________________________
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.
A.
Council shall hold its regular public meetings and
work sessions as per a resolution to be adopted at each yearly organizational
meeting, but not less than one meeting per month. The yearly organizational
meeting shall be held at 12:00 noon on January 15 or at some other
hour on any day during the seven-day period beginning on January 15.
This resolution may be amended or modified by subsequent resolutions
duly adopted.
[Amended 12-22-2011 by Ord. No. 2011-26; 9-28-2023 by Ord. No. 2023-44]
B.
Notice.
(1)
In conformity with the Open Public Meetings Act, written
notice of all meetings of the Council and every other public body
as defined in the Act shall be noticed at least 48 hours in advance,
giving time, date, location and, to the extent known, the agenda of
any regular, special or rescheduled meeting. Such notice shall accurately
state whether formal action may or may not be taken and shall be prominently
posted on at least one place reserved for such or similar announcements
on a bulletin board in the lobby of the Municipal Building and be
mailed, telephoned, telegraphed or hand-delivered to at least two
newspapers designated by the Township Council. Designated newspapers
must publish often enough for the forty-eight-hour notice to be given
to members of the public. Copies of the notice shall be filed with
the Municipal Clerk.
(2)
Where the Council announces annual notice of its regular
meetings, no further notice shall be required concerning such meetings.
Such notice shall be in accordance with the schedule of the regular
meetings of the Council to be held during the ensuing year, which
the Municipal Clerk shall prepare, post and submit within seven days
following the annual organization or reorganization meeting of the
Council, or, if there be no such organization or reorganization meeting
in the year, then not later than January 10, pursuant to the terms
of the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq. The Municipal
Clerk shall, whenever a special meeting of the Council is called in
accordance with the law, issue and cause notices thereof to be served
upon the members of the Council and other persons whose presence may
be required, pursuant to law.
[Amended 12-22-2011 by Ord. No. 2011-26; 9-28-2023 by Ord. No. 2023-44]
C.
Emergencies. Upon the affirmative vote of 3/4 of the
members present, the Council may hold a meeting, notwithstanding the
failure to provide adequate notice, if:
(1)
Such meeting is required in order to deal with matters
of such urgency and importance that a delay for the purpose of providing
adequate notice would be likely to result in substantial harm to the
public interest.
(2)
The meeting is limited to discussion of and acting
with respect to such matters of urgency and importance.
(3)
Notice of such meeting is provided as soon as possible
following the calling of such meeting by posting written notice and
notifying the two newspapers by telephone, telegraph or personal delivery.
(4)
Either the Council could not reasonably have foreseen
the need for such meeting at a time when adequate notice could have
been provided or, although the public body could reasonably have foreseen
the need for such meeting at a time when adequate notice could have
been provided, it nevertheless failed to do so.
D.
Minutes. At the commencement of every meeting, the
person presiding shall announce publicly and shall cause to be entered
into the minutes an accurate statement to the effect that adequate
notice for the meeting has been provided or that notice was not provided,
in which case the reasons shall be stated. The Council shall keep
reasonably comprehensive minutes of its meetings, showing time and
place, the members present, subjects considered, actions taken and
the votes of each member.
E.
Quorum. A majority of the whole number of members
of the Council shall constitute a quorum; however, no ordinance shall
be adopted by the Council without the affirmative vote of a majority
of all the members of the Council. If a quorum is not present 1/2
hour after the appointed time for any meeting, the presiding officer
or the Municipal Clerk may declare the meeting adjourned.
F.
Roll call votes; minutes. The vote upon every motion,
resolution or ordinance shall, when requested, 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 Municipal Clerk.
G.
Public participation. Public participation in the
meetings of the Council shall be in accordance with the Open Public
Meetings Act.
H.
Requests for schedules. Any person may request that
the Council mail copies of any regular meeting schedule or revision
thereof, including notice of regular, special or rescheduled meetings.
The Council may pass a resolution to provide a reasonable prepayment
fee for this service. All requests for meeting schedules shall terminate
at 12:00 midnight, June 30 of each year, but shall be subject to renewal
upon request to the Council.
