Borough of Madison, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Madison 5-12-1952, as amended through 12-13-1993 by Res. No. R156-93. Subsequent amendments noted where applicable.]
The deliberation of the Council shall be governed by Roberts Rules of Order.
A. 
The Mayor shall preside over the deliberations of the Council, prepare the agenda therefor and conduct the meetings thereof. He or she shall also participate in the determination of Borough affairs to the extent permitted by statute. (See: N.J.S.A. 40:87-31 et seq. and N.J.S.A. 40:88-1.[1])
[1]
Editor's Note: N.J.S.A. 40:87-31 was repealed by L. 1987, c. 379, § 1, effective January 1, 1988; see now N.J.S.A. 40A:60-5. N.J.S.A. 40:88-1 was repealed by L. 1987, c. 379, § 1, effective January 1, 1988; see now N.J.S.A. 40A:60-3 and 40A:60-5.
B. 
He or she shall on all occasions preserve the strictest order and decorum, and he or she shall cause the removal of all persons who interrupt the orderly proceedings of the Council.
C. 
When two or more Council members shall rise at the same time, he or she shall name the one entitled to the floor.
D. 
He or she shall decide all questions of order without debate, subject to an appeal to the Counsel, and he or she may call upon the Counsel for the opinion of the Counsel upon any question of order.
E. 
He or she shall be an ex-officio member of all committees and shall be informed in advance of all meetings of such committees.
F. 
The Mayor shall serve as the liaison between the governing body and all boards, committees, agencies or organizations except as herein assigned to a specific Council member for liaison purposes, and except that he or she shall serve as the liaison between the governing body and the Trustees of the Hartley Dodge Memorial.
G. 
In the absence of the Mayor, or if he or she is unable to perform his or her duties, the Council President (or, in his or her inability to act, the Council Member having the longest continuous term as such) shall act as Mayor, as provided by statute. (See: N.J.S.A. 40:88-3.[2])
[2]
Editor's Note: N.J.S.A. 40:88-3 was repealed by L.1987, c. 379, § 1, effective 1-1-1988; see now N.J.S.A. 40A:60-5.
H. 
The Mayor shall submit to the Council the names of all persons to be proposed for appointment to any board, body, agency or committee and requiring the Council's confirmation at least 15 days prior to the date of the second regular public meeting of the Council after the office becomes vacant. If the Mayor fails to submit such nominee within said time period, or the Council fails to confirm any nomination made by the Mayor, the Council shall make the appointment.
I. 
The Council President is responsible for public relations from the Council to the press.
[Added 1-12-2015 by Res. No. R39-2015]
A. 
The Clerk shall perform the duties enjoined upon him or her by the Revised Statutes of New Jersey and these bylaws. (See: N.J.S.A. 40:87-54 et seq.[1])
[1]
Editor's Note: N.J.S.A. 40:87-54 et seq. was repealed by L.1987, c. 379, § 1, effective 1-1-1988; see now N.J.S.A. 40A:60-1.
B. 
He or she shall keep the minutes and ordinance books properly and fully indexed and shall perform all duties usually devolving upon such officer and, in addition, such other duties or services as the Mayor or Council may direct.
C. 
Upon the introduction of an ordinance, the same shall be properly numbered and recorded at length by the Borough Clerk in the ordinance book. The assigned number shall appear in the advertisement of such ordinance.
[Amended 1-12-2015 by Res. No. R39-2015]
The Borough Administrator shall perform such duties as are set forth in Chapter 4 of the Code of the Borough of Madison and as required by ordinance.
A. 
The Council shall hold an annual reorganization meeting within the first seven days of the New Year on a date determined by the prior year's Council.
B. 
At the aforesaid meeting, the Council shall by resolution establish a schedule setting forth the time and place for holding regular public meetings and work meetings during the ensuing year, which schedule shall not be changed except by resolution. However, the Mayor, with the consent of three Council members, shall have authority to cancel any scheduled work meetings. Notice of the aforesaid meetings schedule and any revision thereto shall be provided in accordance with the Open Public Meetings Act.[1]
[Amended 1-12-2015 by Res. No. R39-2015]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
C. 
At the annual meeting, the Council will elect one of its members as Council President to serve for the calendar year. (See: N.J.S.A. 40:88-2 and 40:88-3.[2])
[2]
Editor's Note: N.J.S.A. 40:88-2 and 40:88-3 were repealed by L.1987, c. 379, § 1, effective 1-1-1988; see now N.J.S.A. 40A: 60-3 and 40A:60-5.
D. 
The Mayor shall, when necessary, call special meetings of the Council in accordance with the Open Public Meetings Act; in case of his or her neglect or refusal, any four members of the Council may call such meeting at such time and place in such Borough as they may designate, and in all cases of special meetings, reasonable advance notice, considered to be 48 hours, except in case of emergency, shall be given in person to all members of the Council or left at their place of residence. (See: N.J.S.A. 40:48-24.)
E. 
A quorum shall be as provided by the Revised Statutes of New Jersey, viz.: three Council members and the Mayor, and in the absence of the Mayor, four Council members. (See N.J.S.A. 40:88-1.[3])
[3]
Editor's Note: Repealed by L.1987, c. 379, § 1, effective 1-1-1988; see now N.J.S.A. 40A:60-3 and 40A:60-5.
F. 
If no quorum shall be present at any meeting, those assembled shall have power and are hereby authorized to set a new meeting date and then adjourn.
G. 
Order of business. The following order of business shall be followed at regular meetings of the Council:
[Amended 12-12-1994; 1-27-2003 by Res. No. 33-2003; 2-13-2012 by Res. No. R66-2012]
(1) 
Call to order.
(2) 
Statement in compliance with the Open Public Meetings Act.[4]
[4]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
(3) 
Roll call.
(4) 
Agenda review.
(5) 
Reading of closed session resolution certifying that items to be discussed are authorized by law (if necessary).
(6) 
Reconvene with (all) members present.
(7) 
Pledge of Allegiance.
(8) 
Approval of minutes.
(9) 
Greeting to public.
(10) 
Council Liaison reports and Borough business-related remarks.
(11) 
Presentation of communications and petitions.
(12) 
Invitation for discussion by the public on items on the agenda or resolutions.
(13) 
Agenda discussions.
(14) 
Advertised hearings.
(15) 
Invitation for discussion by the public.
(16) 
Introduction of ordinances.
(17) 
Consent agenda resolutions.
(18) 
Unfinished business.
(19) 
Approval of vouchers.
(20) 
New business.
H. 
The aforesaid order of business at any such regular meeting may be changed by a majority vote of the members of the Council present at such meeting.
[Amended 12-12-1994; 1-27-2003 by Res. No. 33-2003]
I. 
The Mayor shall prepare an agenda for all meetings of the Council. Any Council member may add items to the agenda by requesting, in writing, at least seven days, by 12:00 noon, prior to the meeting. Any item may be added to the agenda of any work session by vote of a majority of the Council members present during the session.
[Amended 1-27-2003 by Res. No. 33-2003; 2-13-2012 by Res. No. R66-2012]
J. 
Except as otherwise required by the statutes or specifically provided in these bylaws, all action of the Council shall be by a majority vote of those present.
[Amended 1-27-2003 by Res. No. 33-2003]
K. 
Upon demand of one member of the Council, or when ordered by the Mayor, or when directed by statute, a roll call vote shall be taken and the yeas and nays entered in the minutes of the meeting.
[Amended 1-27-2003 by Res. No. 33-2003]
L. 
Regular meetings shall be held on the second and fourth Monday of each month. For the limited purposes as are set forth below, a regular meeting may be held each Monday night of the year, except on the third Monday of each month. On those Mondays which are national or state holidays, the meeting shall be held on Wednesday night pursuant to the New Jersey Open Public Meetings Act.[5]
[Amended 1-27-2003 by Res. No. 33-2003]
[5]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
M. 
All Council meetings, including any closed sessions that may be held, shall end by 11:00 p.m. unless a majority of the Council agrees at or during a meeting to extend the meeting beyond 11:00 p.m. Council President shall motion and a vote shall be taken to extend the meeting at 10:45 p.m.
[Amended 1-27-2003 by Res. No. 33-2003; 2-13-2012 by Res. No. R66-2012]
A. 
In order to define areas of Council responsibility, the municipal operations of the Borough of Madison shall be divided as follows:
(1) 
Finance, Borough Clerk and Administration.
[Amended 1-12-2015 by Res. No. R39-2015]
(2) 
Public safety.
(3) 
Utilities.
(4) 
Public works and engineering.
(5) 
Health.
[Amended 2-13-2012 by Res. No. R66-2012]
(6) 
Community affairs.
B. 
The Mayor, with the approval of the Council, shall appoint two Council Members, one of which is to be the Chairperson having responsibilities as outlined in Subsection C of this section and the various subsections of § A236-7 to each of the subdivisions set forth in Subsection A hereinabove.
C. 
The Council Chairpersons are appointed to expedite and facilitate the work of the Council, but only within statutory limits as the entire Council is held responsible for any and all of its acts:
(1) 
A Council Chairperson shall:
(a) 
Coordinate, through the department head and in conjunction with the Borough Administrator, Council policy within his or her area of responsibility.
(b) 
In conjunction with the Borough Administrator and the department head, plan, study and review proposed budgets within his or her area of responsibility.
[Amended 2-13-2012 by Res. No. R66-2012; 1-12-2015 by Res. No. R39-2015]
(c) 
In conjunction with the Borough Administrator and the department head, plan, study and review proposed projects within his or her own area of responsibility.
[Amended 2-13-2012 by Res. No. R66-2012; 1-12-2015 by Res. No. R39-2015]
(d) 
In conjunction with the Borough Administrator and the department head, make reports and recommendations to the Council regarding his or her area of responsibility.
[Amended 2-13-2012 by Res. No. R66-2012; 1-12-2015 by Res. No. R39-2015]
(e) 
In conjunction with the Borough Administrator, department head and Borough Attorney, review draft resolutions and ordinances and implement recommended action in his or her area of responsibility.
[Amended 2-13-2012 by Res. No. R66-2012; 1-12-2015 by Res. No. R39-2015]
(f) 
Perform such acts as may be assigned to him or her by the Council.
(2) 
Except as provided above, a Council Chairperson shall not:
(a) 
Make promises or commitments to anyone which directly or by inference tend to bind the Council.
(b) 
Act in such a manner or make decisions which set a precedent or violate established Council policy.
(c) 
Conduct formal hearings or inquiries regarding any Council area of responsibility unless specifically authorized by a majority of Council present.
D. 
In case of death, resignation, removal from office or incapacity to serve of any Council Chairperson, the Mayor shall name the successor Chairperson, subject to the approval of the Council. The Mayor may, with the approval of a majority of the Council, change existing assignments when it is in the best interests of the Borough to do so.
E. 
A Council Chairperson shall be prepared to report to the Mayor and Council at each regular meeting on the activities and achievements of his or her area of responsibility.
F. 
The Council shall appoint two Council Members to serve as Finance Chairperson or Vice Chairperson and Operations Chairperson or Vice Chairperson of the Madison-Chatham Joint Meeting.
A. 
The Finance Chairperson shall have responsibilities for the following described activities and matters:
(1) 
The Borough Clerk/Administration and his or her office.
[Amended 1-12-2015 by Res. No. R39-2015]
(2) 
The Finance Director and his or her office.
(3) 
The Tax Assessor's office.
(4) 
Library appropriations.
(5) 
The Tax Collector's office.
(6) 
Serve as Finance Chairperson or Vice Chairperson of the Madison-Chatham Joint Meeting, but the Finance Chairperson may designate the second Council member appointed to Finance to serve as Finance Chairperson or Vice Chairperson of the Madison-Chatham Joint Meeting.
[Added 2-13-2012 by Res. No. R66-2012]
(7) 
Technology Department.
[Added 2-13-2012 by Res. No. R66-2012 amended 1-12-2015 by Res. No. R39-2015]
(8) 
The Finance Chairperson shall serve as the backup representative of the Joint Municipal Court Committee.
[Added 2-13-2012 by Res. No. R66-2012; amended 1-12-2015 by Res. No. R39-2015]
B. 
Public Safety Chairperson.
(1) 
The Public Safety Chairperson shall have responsibility for the following described activities and matters:
(a) 
The Police Department.
(b) 
The Fire Department.
(c) 
The Public Safety Chairperson shall serve as an officer of the Joint Municipal Court Committee.
[Amended 2-13-2012 by Res. No. R66-2012; 1-12-2015 by Res. No. R39-2015]
(d) 
Office of Emergency Management.
[Added 1-12-2015 by Res. No. R39-2015]
(2) 
He or she shall also serve as the liaison between the Council and public transportation corporations or agencies and all organizations or agencies concerned with public safety or juvenile delinquency.
C. 
Community Affairs Chairperson.
(1) 
The Community Affairs Chairperson shall have responsibility for the following described activities and matters:
(a) 
Recreation activities conducted at Borough expense.
(b) 
Madison Arts and Culture Alliance.
[Amended 1-12-2015 by Res. No. R39-2015]
(2) 
He or she shall also serve as the liaison between the Council and the following:
(a) 
(Reserved)[1]
[1]
Editor's Note: Former § A236-7C(2)(a), Recreation Advisory Committee, was repealed 3-10-1997 by Res. No. 34-97.
(b) 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection C(2)(b), The Madison Community House, was repealed 2-13-2012 by Res. No. R66-2012.
(c) 
(Reserved)[3]
[3]
Editor’s Note: Former Subsection C(2)(c), Patriotic celebrations financed wholly or in part by public funds, was repealed 2-13-2012 by Res. No. R66-2012.
(d) 
Downtown Development Commission.
(e) 
Senior citizens.
(f) 
Chamber of Commerce.
D. 
Health Chairperson.
[Amended 2-13-2012 by Res. No. R66-2012]
(1) 
The Health Chairperson shall have responsibility for the following described activities and matters:
(a) 
Public health.
(b) 
(Reserved)
(c) 
Sanitation inspection activities.
(2) 
He or she shall also serve as the liaison between the Council, the Board of Health and other organizations or agencies concerned with public health and welfare.
E. 
The Public Works and Engineering Chairperson shall have responsibility for the following described activities and matters:
[Amended 3-10-1997 by Res. No. 34-97; 2-13-2012 by Res. No. R66-2012; 1-12-2015 by Res. No. R39-2015]
(1) 
Public Works Department and Operations.
(2) 
Planning and maintenance of shade trees.
(3) 
The Borough Engineer and Engineering Administrator and their offices.
(4) 
Public buildings.
(5) 
Administrative Official - zoning and planning.
(6) 
Building Code Official.
(7) 
Recycling.
(8) 
Parks usage and planning.
(9) 
Historic Preservation Committee.
(10) 
Environmental Commission.
F. 
The Utilities Department Chairperson shall have responsibility for the following described activities and matters:
(1) 
The water utility.
(2) 
The electrical utility.
(3) 
Serve as Operations Chairperson or Vice Chairperson of the Madison-Chatham Joint Meeting, but the Utilities Chairperson may designate the second Council member appointed to utilities to serve as Utilities Chairperson or Vice Chairperson of the Madison-Chatham Joint Meeting.
(4) 
Member of the Utility Advisory Committee.
[Added 1-12-2015 by Res. No. R39-2015]
A. 
Special Committees may be appointed by the Mayor from time to time as the need arises. The appointment of these committees is subject to the approval of Council and will include a Council member acting as liaison.
[Amended 2-13-2012 by Res. No. R66-2012]
B. 
The Mayor shall appoint all such committees and the Chairpersons thereof, subject to the approval of the Council, and shall be a member, ex-officio, of each such committee. In addition, he or she shall see that all matters referred to the committees are acted upon and reported promptly by the Chairperson to the Mayor and Council.
[Amended 2-13-2012 by Res. No. R66-2012]
C. 
In case of death, resignation, removal from office or incapacity to serve of any Committee Chairperson, the Mayor shall name the successor Chairperson, subject to the approval of the Council. The Mayor may, with the approval of the majority of the Council, change existing committee assignments and/or chairperson when it is in the best interests of the Borough to do so.
D. 
The Chairperson of each Special Committee shall report, as the Mayor or Council may direct, to the Mayor and Council.
A. 
All bills or claims against the Borough shall be paid in accordance with the provisions of Chapter 10 of the Code of the Borough of Madison.
B. 
All bills or claims against the Borough shall be in writing, fully itemized and on such forms as the Borough shall provide for that purpose. As required by statute, the bills or claims shall be sworn to by the claimant before submission for approval and payment.
C. 
Procedure.
(1) 
All bills and claims must be supported by a certification of the receipt of the goods or the satisfactory rendering of the services by the responsible person who may be held accountable therefor, accepting the same on behalf of the Borough. Each such bill or claim shall then be carefully reviewed and checked by or under the direction of the Borough official who accomplishes the administrative certificate on the voucher form.
(2) 
All checked vouchers with supporting papers attached will be presented to the Council Committee Chairperson whose committee has primary interest in the matter, who shall approve the payment of the vouchers by signing a voucher register in a form prepared by the Administrator of the Borough. If approved by the Chairperson having jurisdiction over the activity or matter for which the expenditure was incurred, it will be referred to the Council as a whole for its approval by motion.
(3) 
All vouchers recommended for payment shall be presented to the Council by the Borough Clerk at a regular meeting or an adjourned regular meeting for its approval by motion, which approval shall authorize the payment of the vouchers concerned.
D. 
The corresponding vouchers shall accompany all checks drawn in payment thereof when said checks are presented to the Mayor, the Collector-Treasurer and the Borough Clerk for signature.
E. 
All bills, vouchers and paid checks shall be filed in a safe place and shall be made available for public inspection whenever requested.
A. 
The Seal of the Borough shall be circular in form and shall contain the following: In the center, a facsimile of a rose, circumscribed by the wording "The Borough of Madison - Madison, N.J., Incorporated December 27, 1889."
B. 
The seal shall be in the custody of the Clerk and shall be impressed on all appropriate documents or papers.
[Amended 1-27-2003 by Res. No. 33-2003]
A. 
The Mayor or any member of the Council may propose amendments to these bylaws at any regular public session or adjourned regular public session.
B. 
The Mayor shall then appoint a Special Committee of three members of the Council to consider the proposed amendments.
C. 
The Special Committee will present its recommendations at a regular public session of the Council.
D. 
These bylaws shall only be altered or amended by a two-thirds vote on a roll call at a regular public session or adjourned regular public session of the Council.
The bylaws shall be adopted by a resolution of the Council concurred in by a majority of the members of the Council. The bylaws shall become effective immediately after adoption and shall remain in effect for not longer than December 31st of the calendar year in which the bylaws were adopted.
A. 
The Borough Attorney shall be responsible for interpreting and ensuring adherence to the bylaws of the Borough of Madison.
B. 
The remainder of the bylaws unaffected by these amendments shall continue in full force and effect.