[Adopted as Sec. 2:4 of the 1975 General
Ordinances]
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.
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.
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.
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.
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.
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]
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.
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.
(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.
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."
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).
| |
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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.
| |
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Dated: ____________ Clerk:
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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.
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:
(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:
(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.
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.
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.
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.
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.
(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.
(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.
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.
