The City Council of the City of Brigantine shall consist of the Mayor and those members identified in the Charter of the City of Brigantine and shall be the governing body of the City of Brigantine.
[1]
Editor's Note: See also § 3-2, City Council membership.
All powers of the City of Brigantine and the determinations of all matters of policy shall be vested in the City Council of the City of Brigantine, except as otherwise provided by the Optional Municipal Charters Law[1] or by general law.
[1]
Editor's Note: See N.J.S.A. 40:69A-1 et seq.
A. 
The Mayor shall preside at all meetings of the City Council and shall have a voice and vote in its proceedings. He or she shall fill vacancies occurring in the Trustees of the public library, if applicable, and in the Board of Education where the City is operating under Title 18A of the New Jersey Annotated Statutes for such terms of office as are provided by law. All bonds, notes, contracts and written obligations of the City shall be executed on its behalf by the Mayor or, in the event of his inability to act, by the Deputy Mayor, who is such Councilman as the City Council shall designate to act as Mayor during his absence or disability. The powers and duties of the Mayor shall be only such as are expressly conferred upon him by this article. [P.L. 1950, c. 210, p. 486, § 9-7, effective June 8, 1950[1]]
[1]
Editor's Note: See N.J.S.A. 40:69A-87.
B. 
The Mayor shall perform such other duties as the Council may prescribe and are prescribed in this Administrative Code. The assignment of particular duties to the Mayor, or the Deputy Mayor, shall not be construed in any manner as limiting or delegating to the Mayor, or Deputy Mayor, any power of the Council as the governing body nor limiting or delegating any power of the Manager as provided for in the Optional Municipal Charters Law.
C. 
The Mayor shall perform such ceremonial functions as are allocated to persons holding the title of "Mayor," as such is known generally in New Jersey law.
D. 
At its organizational meeting, the City Council shall choose, by nomination and confirming vote, one of the Council persons to act during the year as the Deputy Mayor. The Deputy Mayor shall perform all duties of the Mayor in the absence of the Mayor and shall in such absence preside over the meetings of Council and perform such ceremonial duties as are allowed by law.
[Amended 6-6-2001 by Ord. No. 7-2001]
A. 
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 Manager, which shall not be included in the classified service under Title 11 of the New Jersey Statutes Annotated (only if separately adopted by the City of Brigantine). Any department, board or office so continued or created may at any time be abolished by the City Council.
B. 
It is the intention of this chapter that the City Council shall act in all matters as a body, and it is contrary to the spirit of this article for any of its members to seek individually to influence to the official acts of the City Manager, or any other officer, or for the Council or any of its members to direct or request the appointment of any person to, or his removal from, office or to interfere in any way with the performance by such officers of their duties. The Council and its members shall deal with the administrative service solely through the Manager and shall not give orders to any subordinates of the Manager, either publicly or privately. Nothing herein contained shall prevent the Municipal Council from appointing committees or commissions of its own members or of citizens to conduct investigations into the conduct of any officer or department or 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. Any member of the Council violating the provisions of this section shall, upon conviction thereof in a court of competent jurisdiction, be disqualified as a member of the Council.
A. 
The Council shall, by ordinance or 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 the Council other than the Mayor shall, call a special meeting of the 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 Council shall be open to the public. The Municipal Clerk shall keep a journal of its proceedings and record the minutes of every meeting.
B. 
The Council shall determine its own rules of procedure, not inconsistent with ordinance or statute. A majority of the whole number of members of the Council shall constitute a quorum, but no ordinance shall be adopted by the Council without the affirmative vote of a majority of all the members of the Council.
C. 
Each ordinance or resolution shall be introduced in written or typewritten form and shall be read and considered as provided by general law. 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. The minutes of each meeting shall be signed by the officer presiding at such meeting and by the Municipal Clerk.
D. 
In the absence of the Mayor, the Deputy Mayor shall be the temporary presiding officer.
E. 
The City Council shall act in all matters as a body. Notwithstanding the prohibition of direct contact with the administrative service found at N.J.S.A. 40:69A-91, the Council deems it appropriate and necessary to institute standing and temporary committees of its members and citizens for the purpose of conducting investigations into the conduct of any officer or department or any matter relating to the welfare of the City.
(1) 
Standing committees shall be formed by amendment to this chapter. At the time of adoption of this chapter, the following standing committees are formed:
(a) 
None.
(2) 
Temporary committees shall be formed by resolution of the City Council. In such case, no temporary committee shall remain in existence following the reorganization meeting of the Council held or to be held on the first day of January 1993 and each two-year period thereafter.
(3) 
As required or permitted by law or by this Code, a member or members of the City Council may be appointed or designated by the City Council to act as the Council member of or liaison to any board, commission or committee.
F. 
All formal meetings of the Council shall be conducted according to the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq., and generally according to Robert's Rules of Order, with the following changes:
[Amended 12-28-1992 by Ord. No. 28-1992]
(1) 
The published agenda for the Council shall be followed, except as directed by the presiding officer, and any additions or deletions shall be accompanied by a statement as to the reason for the change.
(2) 
A quorum for the conduct of official business shall be four of the seven members, or a majority of members in the event of vacancies, except that no ordinance shall be adopted without the majority of the sitting members voting in the affirmative.
(3) 
The Council may delegate, by ordinance or resolution, to the Clerk or Deputy Clerk the right to preside over meetings held solely for the receipt and opening of public bids, at which there shall be no public discussion held.
(4) 
The order for consideration of public business at formal meetings of the Council shall be as determined by the presiding officer and shall include but not be limited to the following:
(a) 
Open Public Meetings Act announcement.[1]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
(b) 
Flag salute.
(c) 
Roll call.
(d) 
Correspondence.
(e) 
Approval of minutes of prior meetings and receipt of minutes of meetings over which the Clerk presided.
(f) 
Approval of payroll and operating expense.
(g) 
Public hearings on ordinances.
(h) 
Introduction of ordinances for first reading.
(i) 
Consideration of resolutions.
(j) 
Consideration of Council appointments.
(k) 
Consideration of Mayor's proclamations.
(l) 
Reports and comments of the Council.
(m) 
Reports and comments of the Manager.
(5) 
The receipt of general public comment at formal and workshop meetings of Council shall be at a time and in a place on the agenda where determined by the presiding officer. The public shall be heard at the consideration of each ordinance, except that the presiding officer may direct that comments be limited by subject matter on time in the interest of order. The presiding officer may direct that public speakers shall deliver their comments to the Council from a place designated within the Council Chamber and direct comments or questions only to the Chair or to the members of Council or to the Manager at the pleasure of the presiding officer.
(6) 
The presiding officer may direct the end of public comment or comments by Council when it appears that consideration of the matter should be put to a vote by stating, "The Chair is ready to receive a motion," or in the case of general public comment, by stating, "the time for receipt of public comments is now over." Notwithstanding the foregoing, the presiding officer shall not unreasonably terminate public or Council comment upon the consideration of any ordinance or other public business which requires a hearing, and any Council member may place upon the floor a priority motion to overrule the presiding officer's determination that the time for receipt of public or Council comments should be terminated, which motion shall be determined by majority vote.
(7) 
A previously printed ordinance or resolution placed within the agenda shall be at all times considered the main motion, as is contemplated by Robert's Rules of Order. Motions to amend any ordinance or resolution shall be considered according to said rules. In the consideration of any ordinance, the presiding officer may direct the republication of any portion of the ordinance, as advised by the Solicitor.
(8) 
All meetings shall be recorded by electronic recording devices, and the tapes thereof kept in accordance with the laws relative to public records.
(9) 
The Manager shall have a voice and shall be heard along with any Council member at the time of any Council business. The Manager shall have no vote. The Manager shall review all resolutions, ordinances or other official acts for administrative conformity.
(10) 
Professional advisors to the City Council and to the Manager shall attend all Council meetings as required by the Council or the Manager and shall sit at the place directed by the presiding officer. The form and content of all resolutions and ordinances shall be approved by the City Solicitor.
(11) 
The City Clerk shall direct the order of call of the members of Council and the Mayor. Following the first election of the Council, the call shall be the following order: Wards 1, 2, 3 and 4; at-large Council member; Deputy Mayor; and Mayor.
(12) 
All persons appearing before the Council shall conduct themselves in a businesslike and courteous manner. No person shall engage in conduct which is or may be deemed offensive to order or to any person present within the public meeting. The presiding officer may direct the removal of persons who act in a manner contrary with this section.
(13) 
The City Clerk, with the advise of the Solicitor, shall formulate standard forms of documents, including ordinances, resolutions and other official acts of the Council, according to law.