The City Council shall consist of a Mayor, elected at large by the voters, and four City Council members elected at large.
[Added 12-21-2010 by Ord. No. 220-2010]
All City Council members, excluding the Mayor, shall be elected in the following manner:
A.
At a regular municipal election held on the day of general election, the Tuesday after the first Monday in November in the years in which municipal officers are to be elected. The term of office for City Council members and Mayor as provided for herein shall commence on the first day of January next following the election.
[Amended 12-21-1010 by Ord. No. 220-2010]
B.
(1)
Provisions applicable prior to January 1, 2013. At the first regular municipal election following the adoption of the Council-Manager Plan, four City Council members shall be elected at large. At that same election, the Mayor shall be designated and voted for under the title of Mayor as provided for in § 10-9. At the organization of the first City Council immediately following the election, the length of the respective term of each member of the first City Council shall be determined by lot. One City Council member and the Mayor shall serve four-year terms, and three City Council members shall serve for two-year terms.
(2)
Provisions applicable as of January 1, 2013; extension of terms of elected members of City Council.
(a)
At the last reorganization meeting held on July 1, 2012, the City Council shall determine by resolution to either extend all professional, board and commission appointments through December 31, 2012 or to make new appointments to such positions for a short term period ending December 31, 2012. Thereafter, all professional, board and commission appointments shall be on a calendar year basis. Accordingly, the appointment of every professional and every member of a board or commission shall commence on January 1 of the year of appointment and shall continue for the stated number of years as set forth in the applicable Cape May City Code section.
[Added 12-21-2010 by Ord. No. 220-2010]
(b)
The ordinance changing the regular municipal election date shall also extend the terms of the presently elected members of City Council for an additional six months.
[Added 12-21-2010 by Ord. No. 220-2010]
C.
At each appropriate subsequent election, all City Council members shall be elected at large and shall serve for a term of four years.
D.
Authority to change Regular Election to General Election. The Uniform Nonpartisan Elections Law, Section 7.1, N.J.S.A. 40:45-7.1 permits municipalities to hold regular municipal elections on the day of the general election, the Tuesday after the first Monday in November. A majority of the voters in the November 2, 2010 general election answered in the affirmative to a referendum question of whether to hold regular municipal elections on the day of the general election, the Tuesday after the first Monday in November. City Council of the City of Cape May desires to hold regular municipal elections on the day of the general election, the Tuesday after the first Monday in November.
[Amended 12-21-2010 by Ord. No. 220-2010]
The Mayor shall be elected directly by the voters of the City at large at the municipal election. At the first election following the adoption of the Council-Manager Plan, and at each appropriate subsequent election, one position of City Council member shall be designated and voted for under the title of Mayor, and candidates for such position shall be clearly designated as candidates for Mayor in their respective nominating petitions. The candidate for Mayor receiving the greatest number of votes shall be elected and shall serve for a term of four years, commencing on the first day of January next following the election.
The City Council may from time to time by resolution create, appoint to and establish the duties of commissions, committees and other bodies with advisory powers.
A.
Policy. All powers of the City and the determination of all matters of policy shall be vested in the City Council except as otherwise provided by state or federal law.
B.
Specific powers and duties.
(1)
The City Council shall continue or create and determine and define the powers and duties of such executive and administrative departments, boards and offices, in addition to those provided for herein, as it may deem necessary for the proper and efficient conduct of the affairs of the City, including the office of Deputy City Manager which shall not be included in the classified service under Title 11A of the New Jersey Revised Statutes. Any department, board or office so continued or created may at any time be abolished by the City Council.
(2)
The City Council shall designate, at the annual reorganization meeting, by nomination and confirming vote, one of its members as a Deputy Mayor to assume the functions of the Mayor in his or her absence or when otherwise unavailable.
(3)
The City Council shall act in all matters as a body, and it shall be contrary to the spirit of this article for any of its members to seek individually to influence the official acts of the City Manager, or any officer, or for the City Council or any of its members to direct or request the appointment of any person to, or his or her removal from, office or to interfere in any way with the performance by such officers of their duties.
(4)
The City Council and its members shall deal with the administrative service solely through the City Manager and shall not give orders to any subordinates of the City Manager, either publicly or privately.
(5)
The City Council may appoint committees or commissions of its own members or of citizens to conduct investigations into the conduct of any officer or department, or for any matter relating to the welfare of the City and delegating to such committees or commissions such powers of inquiry as the City Council may deem necessary.
(6)
The City Council shall evaluate the City Manager, on not less than a semiannual basis, preferably during the months of May and November, in order to determine his/her job performance. During interim times between City Council evaluations of the City Manager, any issues or problems with the City Manager that any member of the City Council becomes aware of shall, if possible and within the limits of the Faulkner Act, be brought to the attention of the City Manager.[1]
[Added 2-20-2007 by Ord. No. 86-2007]
[1]
Editors Note: Former Subsection B(7), requiring one member of the City Council to attend monthly department head meetings on a monthly basis, added 2-20-2007 by Ord. No. 86-2007, which immediately followed this subsection, was repealed 3-5-2019 by Ord. No. 372-2019.
(7)
On a rotating basis, at least one member of City Council will attend the monthly department head meetings and with the presence of the City Manager. The designated Council person will be present for their informational purposes to observe, remain informed on issues shaping policy, and the City Manager's execution of their duties. The Council person may ask questions, but in all matters their participation in Department Head meetings shall be for informational purposes and consistent with the provisions of N.J.S.A. 40:69A-91 incorporated herein by reference.
[Added 1-19-2021 by Ord. No. 409-2021]
(8)
At the first work session or regular meeting occurring in September of each year, City Council will review all interest-bearing accounts with the Chief Financial Officer and City Manager.
[Added 8-3-2021 by Ord. No. 431-2021]
C.
Meetings.
(1)
The City Council shall by resolution designate the time of holding regular meetings, which shall be at least monthly. The Mayor may, and upon written request of a majority of the members of City Council, call a special meeting of City Council. In the call the Mayor shall designate the purpose of the special meeting, and no other business shall be considered, All meetings of the City Council shall be open to the public according to the provisions of the Open Public Meetings Act.[2] The City Clerk shall keep a journal of its proceedings and record the minutes of every meeting.
[2]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
(2)
The City Council shall provide by resolution rules of procedure not inconsistent with law or this Code. Proceedings at all meetings shall be conducted in accordance with Roberts Rules of Order, Revised, except where the City Council provides otherwise by resolution. The City Attorney shall be ex officio parliamentarian and shall give his or her opinion on questions of procedure at the request of members of the City Council.
(3)
A majority of the members of the City Council shall constitute a quorum. The vote upon every motion, resolution or ordinance shall be taken by yeas and nays and entered on the minutes. The minutes of each meeting so recorded shall be signed by the officer presiding at the meeting, other members present, and the City Clerk. No member shall sign minutes of the meeting at which he or she was not present.
[Amended 12-21-2010 by Ord. No. 220-2010]
A vacancy in the City Council shall be filled pursuant to N.J.S.A. 40A:16-1 et seq. as follows:
A.
If the vacancy occurs subsequent to September 1 of the last year of the term of office, the office may be filled for its unexpired term by appointment by the City Council of such person qualified to hold elective office.
B.
If the vacancy occurs at any other time, the vacancy shall be filled for its unexpired term at the next municipal election, to be held not less than 60 days after the occurrence of the vacancy. The City Council may fill the vacancy temporarily by appointment.