Township of Burlington, NJ Article III Township Council

[Adopted as Sec. 2:4 of the 1975 General Ordinances]

§ 20-15 General provisions.

The Township Council is the legislative branch of the Township's government. By the Charter, it is the responsibility of the Township Council to enact legislative programs, policies and improvements which the executive branch must enforce or carry out. It is also the responsibility of the Township Council to establish and regulate sound financial policies and controls. The Township Council must review and approve the Township's budget; it must review and approve all expenditures made. To properly acquaint its members with conditions present in the Township, the Council is given broad investigatory powers. It may summon government officials before it to give reports and provide information. In appropriate situations, the Council may remove public officers. Council's function is to provide a legislative branch to the Township's government co-equal to the executive branch headed by the Mayor.

§ 20-16 Organization of Township government.

The Township government for the Township of Burlington shall organize during the first week of January of each year. Until a President of Council is selected by the new Township Council, the Township Clerk shall act as presiding officer for the meeting. Subsequent to the qualification of newly elected members of the governing body, the Township Council shall from among its members select a Chairman, who shall be referred to as the President of Council and shall proceed to act as presiding officer of the meeting. The agenda for the organization meeting shall then provide for the consideration of the appointments made by the Council followed by appointments of the Mayor for which the advice and consent of Council is required. The Mayor shall next make appointments for which the advice and consent of Council is not required. The President of Council shall then appoint all members of Council's standing committees. After the above-referred-to appointments have been made, the Township Council shall next consider such general resolutions or ordinances determining items of general concern as are normally resolved at an organization meeting.

§ 20-17 President of Council.

A. Appointment. Pursuant to the provisions of N.J.S.A. 40:69A-180(c), the Township Council at its organization meeting shall elect a President of Council from among its members.

B. Term. The President of Council shall hold this office for a term of one year.

C. Compensation. The President of Council shall receive such compensation as the Township Council shall, within the Salary Schedule, fix and determine.[1]

[1] Editor's Note: See Art. IX, Salaries and Benefits.

D. Duties and powers.

(1) Presiding officer. The President of Council shall preside at all meetings of the Township Council.

(2) Parliamentary questions. The President of Council, as the Council's presiding officer, shall be the chief parliamentary officer of Council and in this capacity shall have the responsibility to state every question coming before Council, announce the decisions of Council, and decide all questions of order, subject to the right to appeal his decision to the Council.

(3) Vote. The President of Council may vote on all questions coming before Council; however, his name shall be called last upon a roll call vote.

(4) Appointment of Council committees. The President of Council shall appoint all standing and special committees of the Township Council.

(5) Execution of documents. The President of Council shall sign all ordinances and resolutions adopted by the Council during his presence.

(6) Decorum. President of Council shall be responsible for the preservation of order and decorum at all meetings of Council.

(7) Other duties. President of Council shall perform such other duties as the Township Council shall by resolution provide.

§ 20-18 President Pro Tem.

During the organization meeting, Council shall in addition to a President elect a President Pro Tem, who during the absence of the President shall act as the President of Council. The President Pro Tem further shall perform such additional duties as the President of Council by resolution shall provide.

§ 20-19 Township Council.

A. General organization. The Township Council shall be composed of seven members.

B. Election and term. Members of the Township Council shall be elected at a general election for a term of four years to begin on the first day of January next following their election, except as may be provided for by the provisions of N.J.S.A. 40:69A-34.3. Council members within the Township government of the Township of Burlington shall be elected at large.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. Residency. All Council members as elected officials of the Township of Burlington shall reside within the Township and removal from the Township shall constitute grounds for vacation of office.

D. Compensation. The Township Council shall be paid in accordance with the Salary Schedule of the Township of Burlington.[2]

[2] Editor's Note: See Art. IX, Salaries and Benefits.

E. Vacancies. Vacancies in any Council seat shall be filled for the remainder of the unexpired term at the next general election to be held not less than 60 days after the occurrence of the vacancy. The remaining Council shall fill the vacancy temporarily by appointment, to serve until the qualification of the person so elected. Any person appointed to fill the vacancy shall be a member of the same political party as the prior incumbent.

F. Recall or removal. Except for violations of the provisions of N.J.S.A. 40:69A-163 through 40:69A-165, a person elected to the Township Council can be removed from office only through use of the Provisions for Recall outlined in N.J.S.A. 40:69A-168 et seq.

G. Duties and powers.

(1) Meetings. Each Township Council member shall have the duty of attending all meetings of the Township Council except where good cause is shown.

(2) Legislative power. The Township Council, as the legislative branch of Township government, is the repository for all the Township's legislative power, subject to the approval of the Mayor and the right of certain independent boards to legislate. This power shall be exercised through the passage of motions, resolutions and ordinances. To determine what legislation is appropriate, the Council has at its disposal investigatory powers as elsewhere provided in this chapter.

(3) Investigatory power. Pursuant to N.J.S.A. 40:69A-37 and N.J.S.A. 40:48-25, the Council shall have the power to investigate the operation of Township affairs in order to inform the Council on how current legislation is operating, what changes are called for in legislation and what new legislation is required. The investigatory power is also to be used in exercising the financial control function given to Council under N.J.S.A. 40:69A-48; further, Council before removing a public officer may deem it appropriate to cause an investigation to occur using the power heretofore recited.

(4) Reports and appearances. In the furtherance of its other powers, Council may require:

(a) Reports. Any municipal officer to prepare either sworn or unsworn statements regarding his official duties and the performance thereof.

(b) Appearance. Any municipal officer to appear before it or any committee of the Council to report or answer questions concerning conditions existing within the Township.

(5) Removal. The Township Council may by a two-thirds majority vote of the whole membership of Council remove any municipal officer, other than the Mayor or any member of Council, for cause, upon notice and an opportunity to be heard. The term "cause" shall include but not be limited to the following:

(a) Neglect of duty.

(b) Incompetency or inefficiency.

(c) Incapacity due to mental or physical disability.

(d) Insubordination or serious breach of discipline.

(e) Intoxication while on duty.

(f) Misuse or unauthorized use of authority.

(g) Chronic or excessive absenteeism.

(h) Failure to cooperate with superior or subordinate officers or employees to the detriment of the overall operation of the Township government.

(i) Disorderly or immoral conduct.

(j) Willful violation of any of the provisions of any Township ordinance, the Township Charter, applicable state, federal or local administrative rule or regulation.

(k) The conviction of any criminal act or offense.

(l) Lack of professional skill, discretion or attitude.

(m) Negligence of or willful damage to public property or waste of public supplies.

(n) Conduct unbecoming an employee in the public service.

(o) Irreconcilable differences of opinion on question of policy between the Council and the professional staff employed by the Township.

(6) Financial control. Pursuant to N.J.S.A. 40:69A-48, Council shall exercise financial control over the affairs of the Township. The Council shall by resolution annually act on the budget presented by the Mayor in accordance with the procedures set forth under N.J.S.A. 40:69A-46 and N.J.S.A. 40A:4-1 et seq. The Council shall, pursuant to N.J.S.A. 40A:5-17, approve or disapprove all claims and by this resolution shall prescribe the manner in which claims shall be recorded in the minutes of the Council's meetings or be otherwise recorded in a manner approved by the Director of the Division of Local Finance under N.J.S.A. 40A:5-18. Through the exercise of the duties heretofore provided or which may additionally be set forth by statute, Council shall be directly responsible for the fiscal affairs of the Township.

(7) Appointments.

(a) Nominations by the Mayor. The Council shall, with due diligence, offer its advice and consent to the nominations of the Mayor where such consent and advice is required by provisions of Township ordinance, state law, or the Township Charter. In the event that the Council has not confirmed or rejected a nominee proposed by the Mayor within 45 days from the submission of the nominee's name to Council at a regular meeting, said nomination shall be deemed rejected. The Council in the exercise of its investigatory powers may cause any nominee to appear before the Township Council to ask questions concerning his general qualifications for the position for which he has been nominated. Nothing herein contained shall be deemed to prevent the Mayor from resubmitting the same nominee on several occasions to the Council, except as is provided in § 20-13, or except that any person removed from office for cause by the Council shall not be deemed a qualified nominee for a position for which the advice and consent of the same Council which caused the removal to take place is required. The term "same Council" refers to that group of individuals who shall be serving on Council together a term during which no local election has occurred which is designed to fill a Council seat.

(b) Planning Board. The Township Council shall, pursuant to the provisions of N.J.S.A. 40D:55-23, appoint Class III members to the Planning Board.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(c) Zoning Board of Adjustment. The Township Council shall, pursuant to the provisions of N.J.S.A. 40:55D-69, appoint members of the Zoning Board of Adjustment.[4]

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(d) Township Auditor. The Township Council, pursuant to N.J.S.A. 40A:5-4, shall appoint the Township Auditor.

(e) Municipal Clerk. Township Council, pursuant to N.J.S.A. 40:69A-38, shall appoint the Township Clerk.

(f) Others. Where the provisions of state law or the Municipal Charter shall provide for the filling of any appointment by the governing body, Council shall, in the exercise of its discretion, promptly fill said position.

§ 20-20 Rules and regulations.

A. Meetings of Council.

(1) Regular meetings. Except for its organizational meeting during the first week of January each year, the Council shall meet regularly on the second and fourth Tuesday of each month at 7:00 p.m., except that when such days fall on a holiday the regular meeting shall be put off until the following Wednesday after such a holiday. The Township Council by resolution may dispense with or change the date of regular meetings, provided that not less than one meeting shall be held in each month.

(2) Special meetings. The Mayor upon the written request of the majority of the members of Council shall call a special meeting of the Council. In the call, the Mayor shall designate the purpose of the meeting, and no further business shall be considered except upon the written request of a majority of the members of Council. The call for a special meeting shall be filed with the Township Clerk and served upon each member of the Township Council, as hereinafter provided, at least 24 hours prior to the time for which the meeting is called, except that the Mayor may determine that an emergency exists affecting the health, safety or welfare of the people which requires consideration by the Township Council within a shorter time. Upon such a determination, the facts supporting the emergency shall be set forth in the call. The call may be filed with the Township Clerk any time not less than three hours prior to the time set for the meeting. Upon filing the call for a special meeting, the Township Clerk shall forthwith give notice thereof by telephone or telegraph to each Council member at such place as he shall have previously designated for that purpose and shall also serve or cause to be served a written copy of the call to him personally or by leaving it at his usual place of abode. The Police Department shall cooperate with the Township Clerk in effectuating such service of notice.

(3) Executive caucus. Where it shall be deemed necessary and in the interest of the Township of Burlington, the President of Council may call the Township Council into executive caucus. No official business of the Township shall be conducted in an executive caucus. The Council may not authorize or perform any act which requires action by the Township Council during said caucus. Any action which is deemed necessary upon the conclusion of the executive caucus shall be postponed until the next regular meeting or until a special meeting is called for that purpose.

B. Rules of procedure.

(1) Robert's Rules adopted. Except as may be otherwise provided by the provisions of this section, Township ordinance, resolution or motion, or the provisions of state law, the rules of procedure to be followed by the Township Council in the conduct of its affairs shall be in accordance with the latest revised edition of Robert's Rules of Order.

(2) Amendment to the rules. Amendment to the rules of procedure not required to be made by ordinance shall require the two-thirds majority vote of the whole number of the members of the Township Council.

(3) Open meetings. All regular and special meetings of the Township Council shall be open to the public.

(4) Quorum. A majority of the whole number of the members of the Township Council shall constitute a quorum, but no ordinance shall be adopted by the Council without the affirmative vote of a majority of all members of Township Council. If a quorum is not present 1/2 hour after the appointed time for any meeting, the President of Council, the President Pro Tem, or in their absence any member of the Township Council may declare the meeting adjourned to a time certain or to the next regularly scheduled meeting of the Council.

(5) Roll call votes. The vote upon every motion, resolution, or ordinance shall be taken by roll call and the "ayes" and "nays" shall be entered on the minutes. The voting order on a roll call shall be based upon a list maintained by the Township Clerk which shall be established at the organization meeting of the Township Council. The order shall be determined by seniority on the Council, and in the event that there is equal seniority, by alphabetical order, provided that the President of Council or, in his absence, the President Pro Tem shall vote last on all matters .

(6) Minutes. The Municipal Clerk shall keep a journal of all Council proceedings and record the minutes of every meeting. All minutes shall be reduced to written form and submitted to the Township Council at the next regularly scheduled meeting following the meeting for which the minutes are made for approval by the Township Council. Subsequent to approval by the Township Council, the minutes shall be signed by the President of Council or the President Pro Tem and by the Municipal Clerk and shall be conclusive as to the proceedings conducted at the meeting for which the minutes were taken.

(7) Agenda. The agenda for each meeting of the Township shall be prepared by the Township Clerk. Except for important or timely matters which may be added to the agenda at any time with the unanimous consent of those of the Council present, the agenda for each meeting of the Township Council shall include only such matters of Council business as may have been presented or delivered to the Township Clerk three days preceding the meeting. As soon as the agenda of each meeting has been prepared, the Clerk shall have a copy delivered to each Council member, the Mayor, the Township Business Administrator, the Township Attorney, the Township Engineer, and any department director affected by any business to be discussed. The Municipal Clerk shall promptly distribute copies to the press and interested citizens upon request. A copy of each agenda shall be posted on the bulletin board of the Municipal Building three days prior to the meeting thereof. As set forth on the agenda, the business of the Council at each regular meeting shall be taken up for consideration and disposition in the following order:

(a) Statement verifying notice under the Open Public Meetings Act.

(b) Call to order and roll call to determine call.

(c) Flag salute.

(d) The acceptance of minutes.

(e) Disposition of bids.

(f) Receipt of bids.

(g) Written reports of officials.

(h) Correspondence.

(i) Public portion of meeting.

(j) Ordinances, second reading.

(k) Ordinances, first reading.

(l) Resolutions.

(m) Motions.

(n) Mayor's announcements and appointments.

(o) Oral reports of officials other than Mayor.

(p) Reports of Council members of Council committees.

(q) Motion to pay bills.

(r) Statement of President.

(s) Discussion with professionals.

(t) Miscellaneous items.

(u) Motion for adjournment.

(8) Rules of debate.

(a) Presiding officer may debate and vote. While the President may vote and debate on questions before the Council while acting as its presiding officer, he may not move or second any proposition. In order to move or second a proposition, the President must relinquish the Chair of the presiding officer to the President Pro Tem or, in his absence, any other member of the Council selected by the President. The temporary presiding officer shall, upon the request of the President, immediately relinquish the Chair back to the President when the President shall conclude the movement or seconding of a proposition before Council.

(b) Getting the floor; improper references to be avoided. Every member desiring to speak shall address the Chair and, upon recognition by the presiding officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language.

(c) Interruptions. 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, and, in order, he shall be permitted to proceed.

(d) Motion to reconsider. A motion to reconsider any action taken by Council may be made only on the date such action was taken. It may be made either immediately during the same session or at a recessed or adjourned session thereof. Such a motion must be made by a Council member on the prevailing side of the issue, but may be seconded by any member, and may be made at any time and have precedence over all other motions or the right of another member to the floor. This motion shall be debatable. Nothing herein contained shall be construed to prevent any member of Council from making or remaking the same or any other motion at a subsequent meeting of the Council.

(e) Remarks of Council members; when entered in minutes. A Council member may request, through the presiding officer, the privilege of having an abstract of his statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such a statement shall be entered in the minutes.

(f) Synopsis of debate; when entered in minutes. The Clerk may be directed by the presiding officer, with the consent of the Council, to enter in the minutes a synopsis of the discussion on any question coming before the Council.

(g) Motion to adjourn. A motion to adjourn shall always be in order and shall be decided without debate.

(h) "Not voting" or silence as affirmative vote. When a member of Council states upon the call of the roll that he is "not voting," or is silent, his action shall be recorded as an affirmative vote.

(i) Enforcement of decorum. The president of the Council may request the Police Department to designate a police officer to serve as Sergeant at Arms at Council meetings. He shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at Council meetings, and it shall be his duty to place any person under arrest who violates the order and decorum of a meeting and to cause him to be prosecuted under the provisions of the Disorderly Persons Act upon the complaint of the presiding officer.

(j) Abstention. When a Council member abstains from voting on a matter before Council, his response shall neither be included with the "ayes" or the "nays." His presence shall be noted but not counted in the determination of the number of votes needed to carry a proposition.

(k) Passing. If a Council member upon a roll call "passes," the Clerk shall continue with the roll call of all other Council members. Upon finishing the roll call, the Clerk shall proceed to again call the names of those Council members who have passed in the order that their names appeared on the initial roll call. In the event that a Council member shall pass upon the second call of his name, his vote shall be entered with the "ayes."

(l) Call of a question. Any Council member may call a question presently before the Council, whereupon the President or, in his absence, the President Pro Tem shall inquire whether any other Council member opposes the call. In the event that there is no opposition, the Clerk shall proceed to a roll call vote on the matter before Council. In the event that a Council member opposes a roll call, the President or, in his absence, the President Pro Tem shall treat the inquiry as a motion to close debate.

(m) Motions to close or continue debate. A motion to close or continue debate shall be a priority motion which shall be voted on immediately when raised and seconded. Neither motion is debatable. A motion to continue debate which is defeated closes debate; a motion to close debate which is defeated continues debate. Either motion requires the affirmative vote of 2/3 of the whole membership of Council to succeed.

(n) Voting. In taking a roll call, the Clerk shall treat as silence a response other than "aye," "nay," "abstain," "not voting" or "pass."

§ 20-21 Ordinances, resolutions and motions.

A. Preparation. All ordinances and resolutions shall be prepared by the Township Solicitor upon the direction of the Council or Mayor. Motions may be prepared by the Township Solicitor upon the direction of the Council or may be prepared by any Council member. Motions shall be confined to procedural matters and shall not deal with substantive matters of regulations. All ordinances and resolutions shall be in written form. Motions may either be written or oral in their form.

B. Reference to departments and Council. Except where this provision is waived by a majority vote of the whole membership of the Township Council, all ordinances and resolutions shall be submitted to members of the Township Council and to the Mayor at least seven days prior to introduction. At least three days prior to introduction, each proposed ordinance or resolution requiring or permitting administrative action shall be submitted to the Business Administrator, the department head concerned and applicable independent boards and agencies, each of whom shall submit to the Council an opinion, either in written or oral form, as to the administrative implications of the proposed ordinance or resolution. In the event that no opinion is received by the date set for final consideration, then the ordinance or resolution shall be deemed approved by the Business Administrator, department head or independent board or agency involved.

C. Introduction.

(1) Where the consideration of any ordinance, resolution or motion is upon the agenda, any such ordinance, resolution or motion may be introduced by any member of Council except the presiding officer; such ordinance and resolution shall be limited to a single subject, which shall be expressed in its title or which may be readily ascertainable by its context.

(2) Ordinances and resolutions shall be introduced and read by title. Motions shall be read in their entirety.

(3) After introduction upon first reading, an ordinance shall be referred to the standing committee responsible for the subject matter contained therein, as determined by the presiding officer, for a report, either written or verbal, prior to consideration of said ordinance for second and final reading. Each ordinance, resolution or motion, upon introduction, shall be subject to debate upon the question of its passage.

D. Enactment clause. All ordinances shall be enacted with the following clause: "Be it ordained and enacted by the Township Council of the Township of Burlington, County of Burlington and State of New Jersey."

E. Numbering. All ordinances and resolutions shall be numbered prior to introduction, indicating the year of adoption, the number of the ordinance in sequence of ordinances adopted in any year, and a letter designating the ordinance first, second or subsequent draft thereof.

F. Passage. Except as may be otherwise provided by law for ordinances dealing with specific subject matters, all ordinances after having been introduced and passed upon first reading shall be published at least once in the official newspaper of the Township together with a notice of introduction thereof and the time and place when and where it will be further considered for final passage. There shall be at least one publication of said ordinance, which shall occur at least one week prior to the time fixed for further consideration and final passage. Said publication shall be in full. At least three days prior to the date set for final passage, the Clerk shall post upon the bulletin board maintained within the Township Building a full copy of said ordinance and shall make available to the general public copies of said ordinance. At the time set for final passage, or any adjournment thereof, any persons interested shall be given an opportunity to be heard concerning the ordinance. Final passage of any such ordinance shall be at least 10 days after introduction. Reading of the ordinance at the meeting set for final passage shall be by title, and any member of Council except the presiding officer may move for adoption of said ordinance.

G. Mayor's action. Each ordinance passed by Council shall be promptly delivered by the Township Clerk to the Mayor. The Mayor shall, within 10 days after receiving any ordinance, either approve the ordinance by affixing his signature thereto or return it to the Council by delivering it to the Township Clerk together with a statement setting forth his objections thereto or to any item or part thereof. No ordinance or any item or part thereof shall take effect without the Mayor's approval unless the Mayor fails to return an ordinance to the Clerk within 10 days after it has been presented to him or unless Council, upon reconsideration thereof, on or after the third day following its return by the Mayor, shall by a vote of 2/3 of the members resolve to override the Mayor's veto.

H. Effect. No ordinance other than the local budget ordinance shall take effect less than 20 days after final passage by Council and approval by the Mayor and/or such approval as is required unless Council shall adopt a resolution declaring an emergency and at least 2/3 of all members of Council vote in favor of such resolution.

I. Passage over veto. The Council may consider any ordinance returned by the Mayor without his approval pursuant to the Charter. Such reconsideration shall occur no earlier than on the third day after the ordinance has been returned by the Mayor to the Clerk and no later than 60 days after the ordinance has been returned by the Mayor to the Clerk, provided that in no event may the Mayor and/or Council action carry over from one legislative year to the next. In the event that an ordinance is not fully approved by December 31 of any year, it shall be deemed not passed and must be reintroduced. Reconsideration must take the form of a written resolution adopted as is elsewhere herein provided. This resolution can only be considered at a regular Township Council meeting or a special Township Council meeting called for that purpose. Whenever an ordinance has been reconsidered by the Council following a veto by the Mayor, the Clerk shall append to such ordinance a certification of the action of the Council upon such reconsideration in substantially the following form:

I HEREBY CERTIFY that the above ordinance adopted by Council on the ______ day of _____, was delivered to the Mayor on the ______ day of _____, and was returned to me on the ______ day of _____, together with the Mayor's statement of the reasons for which he was constrained to withhold his approval of such ordinance, item or part thereof. On reconsideration thereof on the ______ day of _____, (the Council duly resolved by the affirmative vote of 2/3 of its members to enact such ordinance, item or part thereof notwithstanding the Mayor's vote) or (the Mayor's veto was sustained).

Dated: ____________ Clerk

J. Ordinance not returned by the Mayor. Whenever an ordinance shall take effect without the Mayor's signature by reason of his failure to return it to the Council by filing it with the Clerk within 10 days after it has been presented to him, the Clerk shall append to such ordinance a certificate in substantially the following form:

	"I HEREBY CERTIFY that the above ordinance was adopted by the Council on the ______ day of _____, and was presented to the Mayor duly certified on the ______ day of _____, and upon his failure to sign it or return it and file it with the Clerk within 10 days thereafter, the said ordinance took effect in like manner as if the Mayor had signed it.
	Dated: ____________ Clerk:

§ 20-22 Removals for cause.

A. Power. As specified in § 20-19E, Township Council may for cause remove any municipal officer other than the Mayor or a Council member.

B. Executive caucus. Council will consider a resolution to remove for cause only after removal has been fully proposed and considered at an executive caucus with the party to be removed having been given an opportunity with Council to be present and knowledgeable of the charges against him.

C. Procedure. A resolution for removal shall set forth the alleged cause for removal making specific charges and provide for notice and an opportunity to be heard to the affected party. The Clerk shall forthwith cause a copy of the resolution for removal, together with a statement of the causes and charges involved and notice of the time and place fixed for hearing, to be served personally or by registered mail upon the officer affected. A hearing shall be held not less than 10 days, nor more than 15 days after the date of such service, and may be adjourned from time to time. Such hearing shall be open to the public, and the officer charged shall be entitled to be represented by his own counsel. Following the conclusion of the hearing, the Chairman shall call for a vote on the resolution, which shall be determined by a two-thirds majority vote of the whole membership of the Council.

§ 20-23 Committees of Township Council.

A. Committee organization.

(1) Membership and term.

(a) Committees. Committees of the Township Council for the Township of Burlington shall be composed of three members of the Township Council appointed by the President of Council at the annual reorganization meeting for the term of one year.

(b) Chairman designated. At the annual reorganization meeting, the President of Council, when he appoints the Committees of the Township Council, shall choose one of the three members appointed to the Committee as Chairman of said Committee. The Chairman of the said Committee shall be the Chief Officer of the Committee, and he will be responsible for its efficient operation in the carrying out its duties.

B. Standing committees.

(1) Permanent standing committees established. There shall be six permanent standing committees established within the government of the Township of Burlington. They shall be known as:

(a) Special Projects Committee.

(b) Legislation Committee.

(c) Building and Finance Committee.

(d) Public Works Committee.

(e) Public Safety Committee.

(f) Parks and Recreation Committee.

(2) Special standing committees established. In addition to the permanent committees established at this time, the President of Council may from time to time as circumstances direct appoint other committees to investigate the conditions within the Township of Burlington. Said committees shall be known as "special standing committees of the Township of Burlington," and shall have the duties as limited and described by the President of Council in his establishment of said committees.

C. Procedural rules.

(1) Meetings. Committees of the Township Council shall hold meetings at the call of the chairman of said committee or at such other times as the Township Council may direct. Said committees may meet in either public or private session at the discretion of the chairman of said committee. The committee, at the call of the chairman of said committee, shall, from time to time meet with other bodies or individuals either in public or executive session, to carry out the functions and duties of the committee.

(2) Action. A chairman of a committee may in his discretion report at regular meetings of the Township governing body on the action of his respective Committee. At such times, he shall recommend action which the Township Council should take in the handling of the various items within his committee's responsibility. Subsequent to any action decided upon by the governing body, the chairman shall review the action taken and recommend such additional measures as his committee deems appropriate.

(3) Rules. Each committee of the Township Committee shall have the power to determine its own rules of procedure.

D. Duties.

(1) Generally. Committees of the Township Council, in the furtherance of the Council's Charter responsibilities, shall investigate:

(a) The need for and the operation of local legislation.

(b) The budgetary needs of the community and its departments, boards, agencies and personnel.

(c) The functioning of all personnel employed by the Township of Burlington to assure proper compliance with the laws of the Township and state.

(2) Investigation procedure. Committees of the Township Council shall have the responsibility to investigate all questions raised by the inhabitants of the Township of Burlington which are assigned to them by the President. Subsequent to the investigation, the chairman of said committee shall make a report to the Township Council and the Mayor recommending what further action is necessary.

(3) Internal complaints. The committees of the Township Council shall have the responsibility to hear and investigate all complaints which are assigned to them by the President lodged against any member of a department, office or bureau, made by a member of the general public or any Township employee. All findings shall be reported to the Council and Mayor.

(4) Approval of claims. Committees shall have the responsibility of reviewing all bills required to be submitted to the Township Council. The chairman of the committee, pursuant to § 20-24E, shall sign the voucher for all approved bills prior to submission to the Township Council for final approval. The chairman of the committee shall report to the Township Council on any bills which have been submitted but not approved by the committee, indicating the reasons for no approval. Subsequent to said report, the Township Council may, nonetheless, cause such bill to be approved by a majority vote of the whole Council.

(5) Planning function. Committees shall investigate the long-range needs of the departments, bureaus, offices and personnel of the Township and determine the appropriateness of all future acquisitions required by these departments, offices, bureaus and personnel. Upon such an investigation, the chairman of the committee shall report to the Council the advisability of making said acquisition and seek the institution of such legislative programs as will satisfy the needs of the units of the Township government under his jurisdiction.

§ 20-24 Approval of claims.

A. General policy. All bills, claims and demands against the municipality shall be deemed approved or disapproved in accordance with the procedures prescribed by the section. It is the intent of this passage to include the processing requirements which involve actions by various Township personnel.

B. Purchase order system. The Administrator shall establish a purchase order system for all acquisitions made by the Township of Burlington which do not involve the payment of salaries or wages to employees of the Township of Burlington on the payroll or payment made to the professional staff regularly employed by the Township of Burlington. A properly issued purchase order shall constitute prima facie proof that the acquisition is properly authorized by the Township and that there are sufficient funds available to pay the claim proposed. All purchase orders shall be obtained from the Administrator or such other individuals as he shall appoint and shall be a form established by the Administrator, except that all purchase orders shall bear his signature. No voucher to pay for items requiring a purchase order shall be processed without it except where the Council, having received a full and complete written report from the officer, employee, agency, or board authorizing said acquisition, shall by a two-thirds majority vote resolve to pay said voucher.

C. Payroll accounts and payment. The Township Administrator shall establish a system for the payment of salaries and wages to individuals paid under a payroll maintained by the Township of Burlington. Said system shall be consistent with the provisions of state law, civil service regulations, the Township's Personnel Code[1] and any collective bargaining agreement between the Township and its employees. Said system shall provide a method to determine that the employee is entitled to the compensation requested and provide a method for keeping track of the sums paid for regular and special salaries and wages such as overtime or college credit advances. Upon the establishment of a payroll system, it shall not be necessary for each employee's salaries or wages to be specifically approved by the Council, and a warrant-check as elsewhere herein described signed by the Administrator and Treasurer may issue without further authorization by Council.

[1] Editor's Note: See also, Ch. 58, Personnel Policies.

D. Payment of professionals. Each professional consultant employed by the Township of Burlington or any of its independent boards or agencies shall annually enter into a written contract with the Township of Burlington specifically indicating the basis and method of calculation for all professional fees which will be incurred by the municipality or on behalf of the municipality by the professional so employed during the year of the contract. The Mayor shall sign said contract upon receipt of authorization from the Council by resolution. Said contract shall authorize the method to be employed by the Township to determine reasonable professional fees. When the contract has been so authorized and entered into, no purchase order shall be required before services performed by the professional shall be deemed authorized.

E. Vouchers and approvals. Except for payments under a payroll procedure referred to under Subsection D above, no claim for payment shall be authorized unless it is submitted in conformity with a purchase order system established by the Municipal Administrator for the authorization of all acquisitions by the Township of Burlington herein. The system to be established by the Municipal Administrator shall conform to the requirements of N.J.S.A. 40A:5-16, 17 and 18, except that all purchase orders shall bear the signature or initials of the Council Committee Chairman whose area of authority the voucher comes under and shall also bear the signature or initial of the Council member who is the Chairman of the Council Finance Committee. In the event that either of the named Council members is absent or is disqualified from signing or that the Finance Chairman is also the Chairman of the Council Committee under whose authority the voucher falls, the second-ranking Council member on the Committee shall sign the voucher in the appropriate locations. The system so established shall provide a method of determining that the goods have been properly requested, authorization for the acquisition properly given and the funds necessary to pay for the goods or services properly encumbered, and a method to determine that the goods and services have been properly provided in conformity with the requisition to the Township of Burlington. The Municipal Administrator shall establish a procedure to provide for authorization by the Township Council of all claims submitted against the Township prior to their payment. The Municipal Administrator, in carrying out the provisions of this section of the Code of the Township, shall promulgate rules and regulations which, upon filing in the office of the Municipal Clerk, shall have the full force and effect of law, provided that they are not inconsistent with this chapter, the Township Charter, state statute, or appropriate prevailing administrative rules or regulations.

F. Warrant-checks. All claims against the Township shall be paid by warrant-checks. Said checks, except as provided under Subsection C, shall be signed by the Treasurer, the Mayor and the President of Council. Each signature verifies that the signer has reviewed the claim and with regard to their responsibility toward the claim has approved it. In the absence of the Treasurer, the Deputy Treasurer may sign the check. In the absence of the Mayor, the Administrator may sign the check. In the absence of the President of Council, the President Pro Tem may sign the check. In the absence of the President and the President Pro Tem, the check may be signed by a Council member to be designated by the Township Council. No warrant-check shall be paid unless it shall bear the three signatures required under this paragraph.

G. Authorization of purchase orders. As indicated above, the Administrator or his designee shall issue all purchase orders. Said orders indicate that proper authorization exists for the goods and services covered by the order. The Municipal Administrator or his designee, without prior Township Council authorization, may issue purchase orders for goods or services for which funds are appropriated where the value of said goods or services is under $4,500; however, in no event shall this provision be interpreted to allow actions which violate the Local Public Contracts Law.[2]

[2] Editor's Note: See N.J.S.A. 40A:11-1 et seq.

§ 20-25 Municipal Clerk; other personnel.

A. Appointment. The Council for the Township of Burlington shall appoint a Municipal Clerk.

B. Term. As is provided under N.J.S.A. 40A:9-133, the Municipal Clerk shall be appointed to a three-year term, which shall run from January 1 in the year in which he was appointed regardless of the actual date of appointment. All tenure rights as hereinafter provided shall be calculated from the January 1 date.

C. Compensation. The Municipal Clerk shall be paid such compensation as is established for this position within the Salary Schedule of the Township.[1]

[1] Editor's Note: See Art. IX, Salaries and Benefits.

D. Tenure. A person who holds the office of Municipal Clerk continuously for five years from the date of his original appointment shall, pursuant to N.J.S.A. 40A:9-134, have tenure in such office and shall not be removed therefrom except for good cause shown after a fair and impartial hearing.

E. Vacancy or absence. In the event that there is a vacancy in the position of Municipal Clerk or in the event the Clerk is absent, disabled or disqualified for whatever reason, the Council shall have the power by resolution to designate, pursuant to N.J.S.A. 40A:9-9, a person to act in place of the Clerk, and any action taken by this person shall be deemed the official action of the Municipal Clerk.

F. Qualifications. The Municipal Clerk shall be a Township resident and shall, prior to his appointment, have been so qualified by training or experience to perform the duties of the office as is determined by the Township Council to be necessary for the position.

G. Duties and powers.

(1) Clerk of Council. Serve as Clerk of the Council, and in this connection he shall:

(a) Keep the minutes and records of the proceedings of the Council, and of the proceedings of any Council Committee upon the request of the President.

(b) Preserve and compile all ordinances and resolutions, and at the close of the year, with the advice and assistance of the Department of Law, the Clerk shall compile, codify and bind all the ordinances and resolutions then in effect and shall properly index such compilation or codification and provide for its publication.

(c) Provide secretarial and clerical services for the Council members in the discharge of their official duties.

(d) Publish or cause to be published ordinances as required by law in such official newspaper or newspapers as may be designated by the Council.

(e) Issue and deliver with the assistance of the Police Department all notices of meetings required to be given to the Council.

(f) Receive and transmit all communications to or on behalf of the Council.

(g) Perform such other duties as the President or the Council by resolution shall provide.

(2) Custodian of Records. Act as custodian of records for all official books, papers and documents of the municipality for which no other repository is provided by Charter or Township ordinance and preserve and keep them safely.

(3) Custodian of the Seal. Act as custodian of the Township Seal and cause it to be affixed to instruments and writings when specifically authorized by law or when necessary to exemplify any document or record in his office or to certify any paper.

(4) Issue licenses. Under the supervision of the Administrator, administer regulatory licenses pursuant to Township ordinances and general law.

(5) Municipal Improvement Search Officer. Act as the Municipal Improvement Search Officer, charging and receiving for the use of the municipality such fees for searches, transcripts and certifications as shall be authorized by Council resolution.

(6) Clerk of Elections. Act as the Clerk of Elections, performing all functions required by the General Law under Title 19 of the Revised Statutes to be performed by the municipality and, in this connection, receive for municipal use the fees prescribed therefor.

(7) Directory of local authorities, boards and commissions; Citizen Leadership Form.

[Added 1-24-2023 by Ord. No. 2023-OR-001[2]]

(a) Compile and maintain, on an ongoing basis, a directory of local authorities, boards and commissions, which directory shall include for each authority, board and commission: the name of the authority, board, or commission; the number of members or positions; a list of currently appointed members, along with their terms of office; vacancies; general frequency of meetings; and the appointing authority and the enabling statute, ordinance, or resolution, if any.

(b) Maintain in the Municipal Clerk’s office and cause to be published on the Township website the following one-page Citizen Leadership Form to be completed by a person interested in volunteering to serve on a Township authority, board or commission:

Citizen Leadership Form

I, ,               , hereby apply to perform public service on the following municipal authorities, boards or commissions:

a)

b)

c)

1. Name:

2. Address of residence, phone number and e-mail address, all of which shall be deemed confidential for the purposes of the Open Public Records Act, N.J.S.A. 47:1A-1 et seq.

3. Education, prior volunteer or work related experience, or other civic involvement which could be of use to authorities, boards or commissions.

[2] Editor's Note: This ordinance also redesignated former Subsection G(7) as Subsection G(8).

(8) Other. Perform such other duties as the Council by resolution or ordinance shall provide.

H. Other personnel.

(1) Deputy Municipal Clerk.

(a) The Deputy Municipal Clerk shall be appointed by Council.

(b) Term. Pursuant to N.J.S.A. 40A:9-135 the Deputy Municipal Clerk shall be appointed for a term of one year commencing January 1 of the year of appointment and terminating on December 31 of the year of appointment.

(c) Compensation. The Deputy Municipal Clerk shall be paid such sums as are provided for within the Salary Ordinance of the Township of Burlington.

(d) Vacancy and absence. In the event there is a vacancy in the position of Deputy Municipal Clerk or in the event that the Deputy Clerk is absent, disabled or disqualified for whatever reason, the Council shall have the power by resolution to designate, pursuant to N.J.S.A. 40A:9-9, a person to act in the place of the Deputy Clerk, and any action taken by this person shall be deemed the official action of the Deputy Clerk.

(e) Qualifications. The Deputy Municipal Clerk shall be a Township resident and shall, prior to his appointment, have been so qualified by training or experience to perform the duties of the office of Municipal Clerk as are deemed by the Township Council to be necessary for the position. The Deputy Municipal Clerk shall be able to meet all the criteria and standards established by the Division of Civil Service for the position of Clerk Typist, although the position itself shall be deemed an unclassified position.

(f) Duties and powers. The Deputy Municipal Clerk shall work under the Municipal Clerk and, in that connection, it shall be the duty of the Deputy Municipal Clerk to perform all duties of the Municipal Clerk in his absence and to receive and comply with all instructions of the Municipal Clerk to assist the Municipal Clerk in the performance of his day-to-day functions.

(2) Senior Account Clerk/Typing. In addition to other employees assigned to the office of the Municipal Clerk, there shall be a position designated as "Senior Account Clerk/Typing," which shall conform in all ways to the requirements of civil service, which appointment shall be made by the Council.

(3) Clerk Typist.

(a) Principal Account Clerk, (typing).

(4) Registrar of Vital Statistics.

(a) Appointment. The Township Council for the Township of Burlington shall appoint a Registrar of Vital Statistics.

(b) Term. A person appointed as Registrar of Vital Statistics shall be appointed for a term of three years and shall serve until his successor is appointed and qualified pursuant to N.J.S.A. 26:8-13, provided that, at least 10 days before the expiration of the term of office of the current local Registrar of Vital Statistics, his successor shall be appointed by the Township Council.

(c) Qualifications. A person appointed Registrar of Vital Statistics shall have such qualifications deemed necessary by the Township Council to perform the duties of Registrar of Vital Statistics, except that, in accordance with N.J.S.A. 26:8-16, no physician, midwife or funeral director shall be appointed to this position.

(d) Compensation. The Registrar of Vital Statistics shall be paid such compensation as provided within the Salary Ordinance of the Township of Burlington for the position involved.

(e) Absence, disqualification or vacancy. Any vacancy occurring in the office of the Registrar of Vital Statistics shall be filled by the Township Council in the same manner as the original appointment but for the unexpired term only. If in the case of such vacancy the Township Council shall not within 10 days thereafter fill such vacancy and certify the same to the State Department of Health and Senior Services, the Deputy Registrar of Vital Statistics shall act as the Registrar of Vital Statistics.

(f) Removal. The Registrar of Vital Statistics who, in the judgment of the State Department of Health and Senior Services, fails and neglects to discharge favorably the duties of his office as set forth within this chapter and N.J.S.A. 26:6-1 et seq., as well as N.J.S.A. 37:1-1 et seq., may be removed by the State Department of Health and Senior Services, and he shall also be subject to such penalties as are provided by the aforementioned statutes. Upon such removal, the office shall be deemed vacant. In addition to the above, the Registrar of Vital Statistics may be removed by the Township Council upon the issuance of a complaint and an opportunity for a hearing for any proven violation or any failure to comply with the rules applicable to the position involved.

(g) Duties. The Registrar of Vital Statistics, under the supervision and direction of the State Registrar, shall:

[1] Strictly and thoroughly enforce the law relevant to the disposal of dead bodies and the registration of vital records in the Township of Burlington.

[2] Supply blank forms of certificates to such person as required.

[3] Supply every physician, midwife and funeral director a copy of the law relative to registration of vital records for disposal of dead bodies together with such rules and regulations as may be prepared by the State Registrar relative to their enforcement.

[4] Sign his name and insert the date of filing on each certificate of birth, marriage and death.

[5] Examine each certificate of birth, marriage or death when presented for recording in order to ascertain whether or not it has been made in accordance with law and the instructions of the State Registrar and, if such certificate is incomplete and when necessary, he shall have the same recorded.

[6] At the expense of the municipality, he shall make a complete and accurate copy of each birth, marriage and death certificate registered by him on a form or in a manner prescribed by the State Registrar to be preserved in his office as the local records. On the 10th day of each month, or sooner if requested by the Department, transfer to the State Registrar all original birth, marriage and death certificates received by him for the preceding month. If no marriage, birth or death certificates occur in any month, he shall, on or before the 10th day of the following month, report that fact to the State Registrar on a card provided for such purposes.

[7] Make an immediate report to the State Registrar of any violation of the provisions of N.J.S.A. 37:1-1 et seq., coming within his knowledge and, in the case of any birth within the Township to parents who are residents of another community or the marriage in the Township of any couple who obtained a marriage license in another community, or of a death within the Township of any person who at the time of death was a resident of another community, notify the Registrar of the other registration district within five days of such marriage or death on forms prescribed by the State Registrar. All entries relating to cause of death on the original certificate must be entered on the death form sent to the registrar of other registration districts.

(5) Deputy Registrar of Vital Statistics.

(a) Appointment. In accordance with the provisions of N.J.S.A. 26:8-17, the Registrar of Vital Statistics, immediately upon appointment as such, shall appoint a Deputy.

(b) Term. The Deputy Registrar of Vital Statistics shall serve a term of one year.

(c) Qualifications. The Deputy Registrar of Vital Statistics shall be subject to the same qualifications as the Registrar of Vital Statistics.

(d) Compensation. The Deputy Registrar of Vital Statistics shall receive such compensation as is provided for in the Salary Schedule of the Township of Burlington.[3]

[3] Editor's Note: See Art. IX, Salaries and Benefits.

(e) Absence, disqualification or vacancy. In the event that there is an absence, disqualification or death of the Registrar of Vital Statistics, the Deputy Registrar shall act as the Registrar of Vital Statistics until such time as a Registrar of Vital Statistics has been appointed and qualified.

(f) Removal. The Deputy Registrar of Vital Statistics who in the judgment of the State Department of Health and Senior Services fails and neglects to discharge favorably the duties of his office as set forth within this chapter and N.J.S.A. 26:6-1 et seq., as well as N.J.S.A. 37:1-1 et seq., may be removed by the State Department of Health and Senior Services, and he shall also be subject to such penalties as are provided by the aforementioned statutes. Upon such removal, the office shall be deemed vacant. In addition to the above, the Deputy Registrar of Vital Statistics may be removed by the Township Council upon the issuance of a complaint and an opportunity for a hearing for any proven violation or any failure to comply with the rules applicable to the position involved.

(g) Duties. It shall be the duty of the Deputy Registrar of Vital Statistics to perform the duties of the Registrar of Vital Statistics in his absence and such other duties as the Registrar of Vital Statistics from time to time shall assign, provided that at all times pursuant to N.J.S.A. 26:8-21, all rules and regulations applicable to the Registrar of Vital Statistics promulgated by the State Department of Health and Senior Services shall be applicable to the Deputy Registrar of Vital Statistics.

(6) Alternate Deputy Registrar of Vital Statistics. The Alternate Deputy Registrar shall be subject to the same provisions regarding appointment, term, qualifications, compensation, absence, disqualification or vacancy, removal and duties as the Office of Deputy Registrar of Vital Statistics, as provided for in § 20-25H(5).

(7) Subregistrars.

(a) Appointment and term. When it appears necessary for the convenience of the people within the Township of Burlington, the Registrar of Vital Statistics may, with the approval of the State Registrar, appoint one or more suitable persons to act as Subregistrars, who shall be authorized to receive certificates of birth and death and to issue burial or removal permits and to transmit permits in or for such portions of the Township as may be designated.

(b) Qualifications and compensation. Subregistrars shall have such qualifications deemed necessary by the Registrar of Vital Statistics to perform the duties of such Registrar; a Subregistrar is subject to the same limitations in regard to the appointment as exist for the Registrar of Vital Statistics; a Subregistrar shall be paid such compensation as is provided for within the Salary Ordinance of the Township of Burlington and, in the event there is no such compensation provided for, then said Subregistrar shall receive no compensation for the work performed.

(c) Removal. The Subregistrar who in the judgment of the State Department of Health and Senior Services fails and neglects to discharge favorably the duties of his office as set forth within this chapter and N.J.S.A. 26:6-1 et seq., as well as N.J.S.A. 37:1-1 et seq., may be removed by the State Department of Health and Senior Services, and he shall be subject to such penalties as are provided by the aforementioned statutes. In addition to the above, the Subregistrars may be removed by the Township Council upon the issuance of a complaint and an opportunity for a hearing for any proven violation or failure to comply with the rules applicable to the position involved.

(d) Duties. It shall be the duty of the Subregistrar of Vital Statistics to do such work as is assigned by the Registrar of Vital Statistics.

§ 20-26 Township Auditor.

A. Creation. There is hereby created an Office of Township Auditor to further the requirements of N.J.S.A. 40A:5-4.

B. Appointment. The Council shall appoint to this office a Township Auditor.

C. Term. The Township Auditor shall be appointed for a one-year term or until his successor is appointed and qualified.

D. Qualifications. The person appointed Township Auditor shall be a registered municipal accountant in New Jersey and possess such other qualification of ability and experience which the Council shall deem necessary to perform the duties of his office.

E. Compensation. The Auditor shall receive reasonable fees and charges for auditing services as are provided for under § 20-24D of this chapter.

F. Duties of office.

(1) Annual audit. Pursuant to N.J.S.A. 40A:5-4, the Auditor shall annually audit the books, accounts and financial transactions of the municipality and every board body, officer or commission supported and maintained wholly or in part by funds appropriated by the Council unless otherwise provided by statute or regulations of the Division of Local Finance or a successor agency, to be made and completed within five months after the close of the Township's fiscal year. Each audit shall cover a complete fiscal year (January 1 through December 31) and, in addition, shall include a verification of all cash and bank balances as of the date of the audit and an audit of the accounts to such date. The Auditor, pursuant to N.J.S.A. 40A:5-6, shall file the original report of his audit and recommendations with the Township Clerk and shall, within five days thereafter, file a certified duplicate copy thereof, over his signature, in the office of the Director of the Division of Local Finance or its successor agency.

(2) Financial reports and records. The Township Auditor shall keep abreast of all requirements of the Division of Local Finance and advise the Mayor and Council on all such requirements and the procedures needed to fulfill them. In this connection, the Township Auditor shall periodically advise the Mayor and Council through reports on the financial condition of the Township and may at these times recommend practices, procedures and records which may assist in maintaining financial control within the community.

(3) Financial advice. When requested by the Mayor or Council and when consistent with the ethics of his profession, the Auditor shall advise the Mayor or Council on the fiscal affairs of the community, make recommendations on the budget and budget procedures, advise on investment programs and policies, and generally render advice on matters which the Auditor deems appropriate.

(4) Financial control. The Township Auditor shall periodically review the financial practices and procedures followed by the Township's departments, independent boards and agencies, and any other part of the Township government charged with the handling of funds and recommend to the Mayor and to Council action which will ensure that proper accounting principles are employed in the Township.

(5) Financial statements. The Township Auditor shall prepare such financial statements, debt statements, and other financial records which the Council shall require to properly carry out its duties. The Township Auditor, when requested by Council, shall testify on behalf of the Township at hearings held on the budget, on extensions of credit and on such other matters as the Council shall deem appropriate.

(6) Other. The Township Auditor shall also perform such additional duties and render such additional services as the Council by resolution or ordinance shall prescribe.