[HISTORY: Adopted by the Township Council
of the Township of West Milford as Ch. 3 of the 1976 Revised General
Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 15.
This chapter shall be known as the "Rules of
Council," and as hereinafter sometimes referred to as "the rules."
Except as may be provided in the Charter, questions
of order, the organization and the conduct of business of the Council
shall be governed by Robert's Rules of Order Revised, in all cases
to which they are applicable, and in which they are not inconsistent
with these rules.
[Amended 9-1-2004 by Ord. No. 2004-6; 2-10-2005 by Ord. No. 2005-3; 5-18-2011 by Ord. No. 2011-012]
A.
Regular
meetings. The Council shall hold regular meetings at the times specified
in the resolution adopted pursuant to N.J.S.A.10:4-6 et seq., the
Open Public Meetings Act. All regular meetings of the Council shall
be held in the Council Chamber or such other place within the Township
upon appropriate notice to the public.
B.
Special
meetings. The Mayor, whenever he deems it in the public interest,
may call for a special meeting, Upon request in writing of a majority
of the Council or at the direction of the Township Administrator,
the Mayor shall call a special meeting of the Council. A request by
Councilmen or the Mayor for a special meeting shall state the date,
time, place and purpose of the meeting. The Mayor shall deliver the
call for a special meeting to the Township Clerk, who shall forthwith
provide notice thereof to each Councilman through his official Township
email account. No business except what is described in the call shall
be considered at the special meeting. Except in case of emergency,
special meetings shall require at least 48 hours' advance written
notice to the official newspaper of the Township in accordance with
N.J.S.A.10:4-6 et seq.
C.
Adjourned
meetings. An adjourned meeting shall be considered a continuation
of the preceding meeting, and the business of the Council shall be
resumed where it was left at the last adjournment.
[Amended 9-1-2004 by Ord. No. 2004-6; 5-18-2011 by Ord. No. 2011-012]
A.
Presiding
officer. The presiding officer of the Council shall be the Mayor and
in his absence the Council President. The presiding officer shall
preserve strict order and decorum at all regular, workshop and special
meetings of the Council. He shall state every question coming before
the Council and announce the decision of the Council on all matters
coming before it. He shall appoint special committees of the Council.
The Mayor may vote on all questions only in the event of a tie vote,
his name being called last. The Mayor shall sign all ordinances adopted
by the Council during his presence except when he shall invoke the
power of veto in accordance with the rules governing same. In the
event of the absence of the Mayor, such ordinances shall be signed
by the presiding officer, except that the presiding officer shall
not sign such ordinances during the period for mayoral veto as prescribed
by law.
B.
Township
Attorney. The Township Attorney or such member or members of his office
as he may designate shall be available to the Council at all regular,
workshop and special meetings, and at such other meetings or conferences
as may be designated by a majority of Council, the Mayor or Administrator.
He, or his designee, shall draw ordinances and resolutions when and
as requested by the Council.
[Amended 9-1-2004 by Ord. No. 2004-6; 5-18-2011 by Ord. No. 2011-012]
A.
The Township Administrator shall establish a deadline for staff submission
of all reports, communications, ordinances, resolutions, claims, contract
documents or other matters to be submitted to the Council for consideration
or discussion at a Council meeting. Said documents shall be delivered
by the appropriate departments, staff, or contracted professionals
to the Township Administrator and the Township Clerk. The Township
Administrator, together with the Township Clerk, shall prepare a calendar
of such matters together with such additional matters that they may
have to present to the Council. In conformity with the prescribed
order of business as hereinafter provided, the Township Clerk shall
prepare an agenda and furnish a copy to the Mayor, the Administrator,
each member of the Council and, when required, the Township Attorney
prior to the Council meeting and as far in advance of the meeting
as time for preparation will permit.
B.
Any member of the public, group or organization wishing to seek Council
discussion or action on any item must submit a request in writing
to the Office of the Township Clerk during regular business hours.
The Clerk shall cause same to be provided to the Mayor, Council and
Administrator when providing the agenda for the next regularly scheduled
Council meeting. The Mayor and/or Administrator may cause such items
to be placed on a future workshop agenda for discussion or a future
regular meeting for action. Failure of the Mayor and/or Administrator
to place such items on a future agenda shall be construed as a directive
to forego the matter. Any Council member may, at the next meeting
after receipt of such requests, seek consensus from a majority of
the Council to have such matters placed on a future workshop agenda
for discussion or a future regular meeting agenda for action. Failure
any Council member to seek such consensus shall be construed as Council's
directive to forgo the matter.
[Amended 9-1-2004 by Ord. No. 2004-6; 5-18-2011 by Ord. No. 2011-012]
The Mayor shall take the chair at the hour appointed for the
meeting and shall immediately call the Council to order. In the absence
of the Mayor or the Council President, the Township Clerk or his designee
shall call the Council to order. In the event that the Township Clerk
calls the Council to order, he shall then determine whether a quorum
is present and in that event shall call for the election of a temporary
presiding officer. Upon the arrival of the Mayor or the Council President,
the temporary presiding officer shall forthwith relinquish the chair
upon the conclusion of the business immediately before the Council.
[Amended 5-18-2011 by Ord. No. 2011-012]
Before proceeding with the business of the Council, the Township
Clerk or his designee shall call the roll of the members, and the
names of those present shall be entered in the minutes.
[Amended 5-18-2011 by Ord. No. 2011-012]
A.
A
majority of the whole number of members of the Council shall constitute
a quorum. No ordinance, resolution or motion shall be adopted by the
Council without the affirmative vote of the majority of all the members
of the Council.
B.
Should
no quorum attend within 30 minutes after the hour appointed for the
meeting of the Council or within 60 minutes if a Councilman or Councilmen
should telephone and signify they will attend, the Mayor, or in his
absence the Township Clerk or his designee, may thereupon adjourn
the meeting until an appropriate time and date.
[Amended 5-7-2003 by Ord. No. 2003-19; 12-5-2007 by Ord. No. 2007-030; 5-18-2011 by Ord. No. 2011-012]
The order of business at all regular Council meetings shall
be as follows:
A.
Meeting:
reading of adequate notice.
B.
Pledge
of Allegiance.
C.
Roll
call.
D.
Minutes.
E.
Presentations.
F.
Proclamations.
G.
Unfinished
business, final passage of ordinances.
H.
Public
comments.
I.
Council
comments.
J.
New
business, introduction of ordinances, resolutions.
K.
Consent
agenda.
L.
Approval
of expenditures.
M.
Reports
of Administrator, Mayor, and Council members.
N.
Appointments
and resignations.
O.
Executive
session.
P.
Adjournment.
[Amended 5-18-2011 by Ord. No. 2011-012]
Unless a reading of the minutes of a Council meeting is requested
by a majority of the Council, such minutes may be approved without
reading, provided that the Township Clerk, at least two full working
days preceding the meeting, shall deliver a copy thereof to each member
of the Council. The Presiding Officer and the Township Clerk shall
sign approved minutes. Copies of the minutes shall be made available
to the public in accordance with the law.
[Amended 5-18-2011 by Ord. No. 2011-012]
The vote upon every motion, resolution or ordinance shall be
taken by roll call, and the yeas and nays shall be entered on the
minutes. Upon the call of the roll, a member shall adhere to Robert's
Rules of Order and may not discuss or explain his vote. The silence
of any Councilman who is present shall be recorded as an affirmative
vote unless he states directly that he either abstains or votes "present."
The minutes of each meeting shall be signed by the presiding officer
and by the Clerk.
[Amended 5-18-2011 by Ord. No. 2011-012]
There shall be no standing committees of the Council, other
than the Committee of the Whole. The rules of the Council shall govern
the meetings of the Committee of the Whole so far as applicable. Special
committees for legislative purposes may be appointed by the Mayor
pursuant to resolution. No special committee shall proceed to the
consideration of any matter referred to it unless a majority of the
members of the committee shall be present. All committee meetings
shall be held within the Township. No special committee shall report
on a matter referred to it at the same meeting at which the reference
is made, except by consent of a majority of the members of the Committee.
[Amended 5-18-2011 by Ord. No. 2011-012]
With respect to appointments to be made by the Council, any
member of the Council may nominate as many candidates as there are
offices to be filled. The Council will consider such nominations in
Committee of the Whole, which will report to a regular meeting of
the Council. Where there is a single office to be filled, the consensus
of the Council on the appointment shall be taken, and the nominee
receiving a majority shall be deemed appointed. Where there is more
than one office to be filled, such as on a board, commission or authority,
the same procedure shall be followed with respect to each office separately
until the total number of appointments to be made has been completed.
In the discretion of the Chair, a group of nominations may be considered
at once where there is no apparent division in the Council as to the
nominees included in the group.
[Amended 5-18-2011 by Ord. No. 2011-012]
A.
Questions under consideration. When a question is presented and seconded,
it is under consideration, and no motion shall be received thereafter,
except to adjourn, to lay on the table, to postpone, or to amend,
until the question is decided. These motions shall have preference
in the order in which they are mentioned, and the first two shall
be decided without debate.
B.
The Mayor. The Mayor, or such other member of the Council as may
be presiding, may move, second and debate from the chair, subject
only to such limitations of debate as are by these rules imposed upon
all members, and shall not be deprived of any of the rights and privileges
of a Councilman by reasons of his being the presiding officer.
C.
Getting the floor. Improper references shall be avoided. Every member
desiring to speak for any purposes whatsoever shall address the presiding
officer and, upon recognition, shall confine himself to the question
under debate, avoiding all personalities and indecorous language.
A member may only speak once on the same subject, but may speak to
clear up a matter of fact or explain a material part of his speech,
except that a member after moving a question may once again speak
on the same subject.
D.
Interruption. A member once recognized shall not be interrupted when
speaking unless it be to call him to order or as herein otherwise
provided. If a member while speaking be called to order, he shall
cease speaking until the question of order be determined by the presiding
officer, and if in order, he shall be permitted to proceed. Any member
may appeal to the Council from the decision of the presiding officer
upon a question of order, when without debate the presiding officer
shall submit to the Council the question, "Shall the decision of the
chair be sustained?" and the Council shall decide by a majority vote.
E.
Privilege of closing debate. The Councilman moving the adoption of
an ordinance or resolution shall have the privilege of closing the
debate.
F.
In the event a conflict as to procedure or protocol shall arise,
the Chair of the meeting shall first be guided by the Township Code,
and thereafter Robert's Rules of Order shall apply.
[Amended 9-1-2004 by Ord. No. 2004-6; 12-5-2007 by Ord. No. 2007-030; 5-18-2011 by Ord. No. 2011-012]
A.
Any other person may address the Council by oral request, addressed
to the presiding officer, at such time and during that portion of
the meeting agenda entitled "Public comments."
B.
Any person may be granted leave to address the Council during the
meeting, by oral request to the presiding officer, which leave shall
be granted only after showing to the satisfaction of a majority of
the members of the Township Council present that the subject of the
matter of the address deserves the time and attention of the Township
Council. Such remarks shall be limited only to that item, then under
consideration by the Council.
C.
Any member of the Council may address any question or remarks to
a person of the public in attendance, on any matter then under consideration
by the Council, but only after request to the presiding officer and
by and with the consent of the majority of the members present.
D.
When, during any discussion by the Council, the name of a person
present has been mentioned or referred to, such person may be granted
permission to address the Council at such time, but only after it
has been shown to the satisfaction of a majority of the members of
the Council present that such person deserves the time and attention
of the Council.
E.
Where advertisements have been published or notices served for public
hearings, then, and in such case, at the time and place so specified
in the notice so published or served, all persons interested shall
be given an opportunity to be heard on the subject matter advertised.
F.
Each person addressing the Council shall give his name and address
in an audible tone of voice for the records. He shall limit his remarks
to five minutes, and to one statement, on any item or topic; further
time may be granted by the Council, by a majority assent of the members
present, if the subject matter deserves the time and attention of
the governing body. All remarks shall be addressed to the Council
as a body, and not to any member thereof. No person, other than members
of the Council and the person having the floor, shall be permitted
to enter into any discussion, either directly or through a member
of the Council, without the permission of the presiding officer. No
question shall be asked a member of the Council or any other person
present at the meeting, except through the presiding officer.
[Amended 5-18-2011 by Ord. No. 2011-012]
A.
By Council members. While the Council is in session, the members
must preserve order and decorum, and a member shall neither by conversation
or otherwise except as herein provided delay or interrupt the proceedings,
the peace of the Council, disturb any member while speaking nor refuse
to obey the orders of the Council or its presiding officer.
B.
By persons. Any person making impertinent or slanderous remarks or
who shall become boisterous while addressing the Council shall forthwith
be barred from further audience before the Council, by the presiding
officer, unless permission to continue or again address the Council
be granted by the majority vote of the Council.
C.
Enforcement of decorum. The Chief of Police, or such other member
or members of the Police Department as he may designate, shall be
the Sergeant at Arms of the Council meetings. He or they shall carry
out all orders and instructions given by the presiding officer for
the purpose of maintaining order and decorum at the Council meetings.
[Amended 9-1-2004 by Ord No. 2004-6; 5-18-2011 by Ord. No. 2011-012]
A.
Introduction. Ordinances may be introduced and adopted by title,
except bonding or local improvement ordinances, introduction of which
shall be in accordance with existing statute, before consideration
by the Council on second and final reading. Every ordinance after
introduction and adoption on first reading shall be published as required
by law, and the publication shall be at least one week or 10 days,
as required by law, prior to the time fixed for further consideration
for second and final passage. At the time and place so specified in
such notice, all persons interested shall be given an opportunity
to be heard thereon.
B.
Prior approval.
(1)
All ordinances, resolutions and contract documents before presentation
to the Council shall have been reduced to writing and shall have been
approved as to form and legality by the Township Attorney or his designee.
(2)
No ordinance other than the local budget ordinance shall take effect
less than 20 days after its final passage, unless the Council, by
2/3 vote, shall adopt a resolution declaring an emergency and fixing
an earlier date.
C.
Consent agenda.
(1)
The agenda for each regular Township Council meeting shall contain
a section entitled "Consent Agenda." The consent agenda shall consist
of all resolutions and applications not necessary to be read in their
entirety at the regular Township Council meeting, as determined by
the Township Clerk and the Township Administrator.
(2)
Items that appear on the consent agenda shall be included in one
resolution entitled "Resolution Authorizing Passage of Consent Agenda."
The resolution shall contain the title of all of the resolutions and
applications to be considered at the regular Township Council meeting.
It shall only be necessary for the Township Council to vote on the
resolution authorizing the passage of the consent agenda. Any individual
member of the Council may, on request, remove any item from the consent
agenda and request that it be voted upon separately by the Township
Council.
D.
Filing of resolutions. All resolutions shall be filed with the Township
Clerk and entered in the minutes.
[Amended 5-18-2011 by Ord. No. 2011-012]
A motion to adjourn shall always be in order and decided without
debate.
