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Borough of Franklin Lakes, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Franklin Lakes 2-14-1990 by Ord. No. 893 as Secs. 2-2 through 2-5 of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 29.
Officers and employees — See Ch. 71.
The Council shall consist of the Mayor and six Councilmen elected at large in the Borough, all of whom shall be elected and take office in the manner provided by law. The terms of office of the Mayor and Councilmen shall commence on January 1 next following their election.
Pursuant to the Borough law, a vacancy occurring in the office of Mayor, whether by resignation or otherwise, shall be filled by the Council until the next annual election and until the election and qualification of a successor. At the next annual election, the person elected to fill the vacancy shall be elected for the unexpired term only. All vacancies in other elective offices shall be filled by nomination by the Mayor and appointment by him, with the advice and consent of the Council expressed by a vote of the majority of the members of the Council present at the meeting, provided that at least three affirmative votes shall be required for such purpose, the Mayor to have no vote except in the case of a tie. All appointments to fill vacancies on the Council shall be until January 1 following the next general election and the person appointed shall be of the same political party as the person vacating the seat. If such vacancies shall occur at so short a period of time before the next annual election that the office cannot be filled at such election, the vacancy shall be filled in the same manner as though the same had occurred immediately after the election and the vacancy shall be filled at the next subsequent annual election for such portion of the term, if any, as may still remain unexpired. At such next annual election, the person elected to fill the vacancy shall be elected for the unexpired term only.
A. 
The Borough Council shall meet for organization at 12:00 noon on January 1 or at some other hour on any day during the first week in January; provided, however, that should the January 1 fall on Sunday and no other time for the meeting has been fixed, the meeting shall fall on the following day following each general election.
B. 
Thereafter, the Borough Council shall meet regularly within the Borough at such times and places as provided by resolution. The Mayor shall, when necessary, call special meetings of the Council. In case of his neglect or refusal, any four members of the Council may call such meetings at such time and place in the Borough as they may designate and, in all cases of special meetings, notice shall be given to all members of the Council or left at their places of residence. Three Councilmen and the Mayor and, in the absence of the Mayor, four Councilmen, shall constitute a quorum for the transaction of business; but a smaller number may meet and adjourn.
The Mayor shall preside over all meetings of the Borough Council but shall not vote except to give the deciding vote in case of a tie. The Mayor shall nominate and, with the advice and consent of the Council, appoint all officers in the Borough. No appointments shall be made except by the vote of a majority of the members of the Council present at the meeting, provided that at least three affirmative votes shall be required for such purpose, the Mayor to have no vote except in case of a tie. Vacancies in appointive offices shall be filled by appointment in the same manner for the unexpired term only. The Mayor shall make nomination to fill a vacancy within 30 days after the appointive office becomes vacant. If the Mayor fails to nominate within 30 days or the Council fails to confirm any nomination made by the Mayor, then after the expiration of the 30 days, the Council shall appoint the officer.
At the annual meeting the Borough Council, by a majority vote, shall elect from their number a President of the Council who shall preside at all of its meetings when the Mayor does not preside. The President of the Council shall hold office for one year and until the next annual meeting. He shall have the right to debate and vote on all questions before the Council. If the Council at its annual meetings fails to elect a President, the Mayor shall appoint the President from the Council and in that case, no confirmation by the Council shall be necessary. If the Mayor is absent from the Borough for a period of three days or for any reason is unable to act, the President of the Council shall perform all the duties of the Mayor during his absence or inability. The Mayor, in case of his intended absence from the Borough for more than three days at any one time, shall notify the President in writing of his intended absence, whereupon the President shall be and become acting mayor from the receipt of notice and continue to act until the Mayor's return.