City of Paterson, NJ Council

A special meeting of Council may be called by the President or by a majority of the members of the Council. Whenever a special meeting shall be called by the President of the Council, a notice in writing signed by the President shall be served on the Clerk, and whenever a special meeting shall be called by a majority of the members of the Council, a notice in writing signed by such majority shall be served on the Clerk. The Clerk shall forthwith serve a written notice upon the Mayor and each member of the Council at his place of residence or by telephone communication if possible, at such place as the Councilman may previously in writing designate, stating the date and hour of the meeting and the purpose for which such meeting is called, and no other business shall be transacted at said special meeting. The Clerk in his notice of a special meeting shall allow at least 24 hours to elapse between the call of the meeting and the date and hour of the meeting.

Whenever an emergency exists which requires immediate action by the Council, the Mayor may call a meeting by notifying the Clerk or, in his absence, the President of the Council, who shall cause the Council to meet on short notice in special meeting.

Rule 5, Agenda; publication.

At any regular meeting of the Council, no matter which is not on the agenda of that meeting as previously published shall be considered, except upon unanimous consent of the Council members present.

On the Friday preceding each regular meeting of the Council, the Clerk shall prepare, with the approval of the President, the agenda for the ensuing meeting. Such agenda shall include all matters proposed by any member of the Council not later than the preceding work session and such other matters required by the standing order of business. The agenda shall include a consent agenda. The consent agenda shall include all resolutions deemed to be routine or procedural in nature and/or resolutions pertaining to related subjects. Those matters included within the consent agenda shall be enacted by one resolution at the Council meeting. Any member of the Council may cause any matter contained within the consent agenda to be removed therefrom and acted upon separately by giving notice to the City Clerk or to the Council prior to formal action on the consent agenda. When a request is made to remove a matter from the consent agenda, that matter shall not be considered as part of the consent agenda and shall be acted upon separately at the same meeting of the Council. In the event that the President should add any matter to the agenda, he shall notify each member of the Council immediately and in any event no later than 24 hours prior to the scheduled meeting. The Clerk shall forthwith deliver a copy of the agenda to each Councilperson at his or her place of residence or at such place as the Councilperson may previously in writing designate. On Monday prior to each meeting, the Clerk shall post the agenda in a prominent place near the entrance to the Clerk's office.[1]

[Amended 11-10-1987 by Ord. No. 87-039]

[1]

Editor's Note: Rule 6, which immediately followed this subsection, was repealed.

Rule 7, Mayor's attendance; vote. The Mayor may attend meetings of the Council and may take part in discussions of the Council but shall have no vote, except in the case of a tie on the question of filling a vacancy in the Council, in which case he may cast the deciding vote.

Rule 8, The President; the Vice President: election, duties and absence.

[Amended 11-9-2004 by Ord. No. 04-088; 10-13-2009 by Ord. No. 09-027]

The presiding officer of the Council shall be the President, who shall be elected at the organization meeting for one year, and he shall preside at its meetings and perform such other duties as the Council may prescribe.

At the first regular meeting in July of each following year, a new President shall be elected for the ensuing year, except in election years when the election for the new President shall be held at the organization meeting on July 1. At the same time, the Council shall also elect a Vice President who shall preside over the Council in the absence of the President.

In the absence of the President and Vice President, the Council shall elect a Temporary President, who shall then preside over said Council.

The President shall assume the chair of the presiding officer immediately after his election. The President shall preserve strict order and decorum at all regular and special meetings of the Council. He shall state every question coming before the Council and announce the decision of the Council on all matters coming before it. The President may vote on all questions, his name being called last. The President shall sign all ordinances and resolutions adopted by the Council during his presence.

In the event of the absence of the President and Vice President, such ordinances and resolutions shall be signed by the Temporary President.

In the event that the President should become incapacitated or disabled or unable to attend the meetings for a period of 60 days, the President shall immediately forfeit his office, and at the next regular meeting thereafter, the Council shall declare the office of President vacant and shall immediately proceed to the election of a new President.

(7)

Leave of absence. The Council President shall be entitled to take a leave of absence from the Office of Council President for a stated period not to exceed 59 days. The Council President shall serve a signed, written notice of leave on the City Clerk by personal delivery, by mail or by telephone facsimile, setting forth the dates of the leave of absence. The Council President shall resume the duties of office at 12:01 a.m. on the day following the last day of leave stated in the notice of leave. Taking a leave of absence from the Office of Council President shall not prevent a member of the City Council from participating in City business as a member of the governing body, but the duties of the office of City Council President shall be administered by the Vice President. Salaries shall be adjusted to provide any additional compensation due to the office holder to that person actually fulfilling the duties of the office of Council President.

(8)

Suspension or removal from office. For good cause, the City Council President may be suspended or removed according to the rules set forth herein.

Suspension. In view of the fact that the City Council President is an important representative of the City of Paterson, both in his or her public and private functions, the City Council may suspend the City Council President from office for a period of time not to exceed 59 days, after affording an opportunity to be heard, for acts or omissions, either of a public or private nature, which demonstrate a failure to fulfill high ethical standards in matters public or private if such matters involve an important responsibility, trust or matter of integrity. The proceedings may be conducted in a peremptory manner, but the Council President shall be entitled to written notice of such proceedings not less than 24 hours prior to the vote, unless the public health, safety or welfare are at imminent risk. After providing an opportunity to be heard consistent with due process rights, and upon proof by a preponderance of evidence that good cause has been shown to suspend, the Council President may be suspended by a two-thirds majority of the full authorized membership of the City Council. The City Council President shall be entitled to vote in the matter.

Removal. In view of the fact that the City Council President is an important representative of the City of Paterson, both in his or her public and private functions, the City Council may remove the City Council President from office, after affording an opportunity to be heard, for acts or omissions, either of a public or private nature, which demonstrate a failure to fulfill high ethical standards in matters public or private if such matters involve an important responsibility, trust or matter of integrity. The proceedings may be conducted in a peremptory manner, but the Council President shall be entitled to written notice of such proceedings not less than seven days prior to the vote. After providing an opportunity to be heard consistent with due process rights, and upon proof by a preponderance of evidence that good cause has been shown to remove, the Council President may be removed from office by a two-thirds majority of the full authorized membership of the City Council. The City Council President shall be entitled to vote in the matter. In the event of removal, the Vice President shall serve the balance of the unexpired term of office.

The suspension or removal of the Council President from that office shall not affect said Councilperson's right to continue as an elected member of the City Council.

(d)

The revised provisions of this subsection shall take effect upon passage and publication as required by law and these revisions shall govern the office holder then in place upon the effective date of this legislation.

Rule 9, Call to order. The President of the Council shall take the chair at the hour appointed for the meeting and shall immediately call the Council to order. In the absence of the President, the Vice-President shall call the Council to order. In the absence of both the President and the Vice President, the Clerk or the designee of the Clerk shall call the Council to order. The Clerk shall then, in the absence of both the President and the Vice President, determine whether a quorum is present and in that event shall call for the election of a Temporary President. Upon the arrival of the President or Vice President, the Temporary President shall forthwith relinquish the chair upon conclusion of the business immediately before the Council.

Rule 10, Opening roll call. Before proceeding with the business of the Council, the Clerk or his designee shall call the roll of the members in alphabetical order, and the names of those present shall be entered in the minutes.

Rule 11, Quorum; vote.

A majority of the full membership of the Council shall constitute a quorum. Should no quorum attend within 10 minutes after the hour appointed for the meeting of the Council, the President, or, in his absence, the Vice President, or, in the absence of both the President and Vice President, the Clerk or his designee may thereupon adjourn the meeting until the next day, unless, by unanimous agreement, those members present select another hour or day.

No ordinance shall be adopted by the Council without the affirmative vote of a majority of the full membership thereof, except as otherwise provided by law (e.g., Local Budget Law,[2] Local Public Contracts Law,[3] etc.). All other matters may be adopted by a majority of the members present.

[2]

Editor's Note: See N.J.S.A. 40A:4-1 et seq.

[3]

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

The names of the members present and their action at such meetings shall be recorded in the minutes by the Clerk.

Rule 12. Open meetings; order of business. All regular and special meetings of the Council shall be open to the public. Promptly at the hour set for each meeting, the members of the Council and the Clerk shall take their regular stations in the Council chamber, and the business of the Council shall be taken up for consideration and disposition in the following order, unless otherwise ordered by the Council:

[Amended 8-11-1998 by Ord. No. 98-056; 10-27-1998 by Ord. No. 98-072]

Prayer.

Pledge of allegiance.

Roll call.

Hearing of citizens.

Reports and recommendations of City officers, boards and commissioners.

Reports of committees.

(7)

Ordinances, appropriations, bills and claims.

(8)

Resolutions and motions.

(9)

Communications and petitions.

(10)

Pending business on the calendar.

(11)

New business on the calendar.

(12)

Miscellaneous.

(13)

Adjournment.

Rule 13, Reading of minutes. Unless a reading of all or a portion of the minutes of a previous Council meeting is requested by a majority of the Council, such minutes when signed by the President of the Council and the Clerk of the Council shall be considered approved without reading, provided that the Clerk of the Council shall deliver to each member of the Council minutes of the previous Council meeting at the same time that a copy of the agenda is delivered pursuant to provisions of Subsection E of this section, Rule 5.

Rule 14, Rules of debate.

Question under consideration. When a question is presented and seconded, it is under consideration and no motion shall be received thereafter, except to adjourn, to lay on the table, to postpone or to amend, until the question is decided. These motions shall have preference in the order in which they are mentioned, and the first two shall be decided without debate. Oral amendments to a resolution may be adopted, but the Clerk shall, after the meeting and as soon as possible thereafter, reduce the amendment to writing, in order that the minutes may reflect the oral amendment. When the resolution, as amended, is so reduced to writing, it shall be appended to and become a part of the original resolution.

As to the President or presiding officer. The President of the Council, or such other member of the Council as may be temporarily presiding, may vote from the chair, subject only to such limitations of debate as are by these rules imposed upon all members, and he shall not be deprived of any of the rights and privileges of a Councilman by reason of his being the presiding Chairman.

Getting the floor. A member of the Council desiring to speak for any purpose whatsoever shall address the presiding officer and, upon recognition, shall confine himself to the question under debate. A member may only speak once on the same subject but may again speak to clear up a matter of fact or explain a material part of his speech. A member after moving a question may once again speak on the same subject as the last speaker closing the debate.

Interruptions. A member once recognized shall not be interrupted when speaking unless it is to call him to order or as herein otherwise provided. If a member while speaking is called to order, he shall cease speaking until the question of order is determined by the presiding officer, and if in order, he shall be permitted to proceed.

Privilege of closing debate. The Councilman moving the adoption of an ordinance or resolution shall have the privilege of closing the debate, although he may have already spoken thereon at its moving.

Roll call. Upon any roll call, any member of the Council may explain his vote. Each member of the Council shall be allowed two minutes for the purpose of explaining his vote if he should so desire. A member of the Council may abstain from voting on any matter. An abstention for all purposes shall be legally deemed to be and be counted as an "Aye" or affirmative vote.

Rule 15, Votes to be taken by roll call; signing of resolutions and ordinances. The vote upon every motion, resolution or ordinance shall be taken by roll call in alphabetical order except that the President shall be the last member called, and the vote by "yeas" and "nays" shall be entered upon the minutes. Resolutions and ordinances shall be signed by the presiding officer at such meeting and by the Clerk of the Council before they are entered upon the minutes; and the votes of the members of the Council shall be recorded on the original copies to be filed with the Clerk.

Rule 16, Manner of addressing Council; time limit.

[Amended 4-9-2013 by Ord. No. 13-013]

Each person addressing the Council shall:

Step up to the microphone in front of the rail.

Give his name and address and speak in a moderate tone of voice.

Unless further or lesser time is granted by the Council, be limited to three minutes of speech. For the purposes of this section, no time balance from any one person may be relinquished to another person.

[Amended 2-11-2020 by Ord. No. 20-006]

(d)

Address all remarks to the Council as a body and not to any member thereof.

No person other than members of the Council and the person having the floor shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Council President. No question shall be asked a Councilman except through the Council President.

[Amended 2-11-2020 by Ord. No. 20-006]

Rule 17, Decorum.

By Council members. While the Council is in session, the members shall observe order and decorum and shall not delay or interrupt the proceedings or the peace of the Council, disturb any member while speaking or refuse to obey the orders of the Council or its presiding officer.

By other persons. Any person who shall become disorderly and boisterous or who shall make impertinent or slanderous remarks shall forthwith be barred by the President from the Council chambers, unless permission to remain or address the Council be granted by majority vote of the Council.

Rule 18, Enforcement of decorum. The Chief of Police, or such member or members of the Police Division as the Chief may designate, shall be the sergeant at arms at the Council meetings. He or they shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meetings.

Rule 19, Persons authorized to be within the Council rail. No person except City officers shall be permitted within the rail in front of the Council or be permitted to disturb any Councilman while on the dais, during any meetings without the express permission of the President of the Council.

Rule 20, Special committees.

All special committees and the chairmen thereof shall be appointed by the presiding officer of the Council at a regular or special meeting.

A special committee shall consist ordinarily of no more than four members of the Council, including the President, who shall be a member ex officio of all special committees. The President may, whenever he deems it necessary, appoint a special committee consisting of all or fewer of the members of the Council. A quorum of each special committee appointed shall consist of a majority of the members thereof.

Meetings of special committees shall not be held during Council meetings.

Rule 21, Standing committees.

[Amended 12-2-1980 by Ord. No. 80-058]

At the annual reorganization of the Council, the presiding officer of the Council shall appoint all standing committees and the chairmen thereof. The standing committees shall consist of the following: Community Development/Economic Development Committee, Finance and Personnel Committee, Health and Human Services Committee, Municipal Services/Statutory Agencies Committee, Public Safety Committee and Public Works Committee.

[Amended 11-23-2010 by Ord. No. 10-078; 8-21-2012 by Ord. No. 12-036]

A standing committee shall consist ordinarily of no more than four members of the Council, which may include the President. The President may, whenever he deems it necessary, appoint a standing committee consisting of all or fewer of the members of the Council. A quorum of each standing committee appointed shall consist of a majority of the members thereof.

[Amended 8-21-2012 by Ord. No. 12-036]

Meetings of standing committees shall not be held during Council meetings.

Rule 22, Ordinances, resolutions, motions and contract documents.

Preparation of ordinances; adoption.

The Corporation Counsel or his designee, when requested, shall prepare ordinances or resolutions which shall be delivered to the Clerk. A copy of the same shall be forthwith furnished to each member of the Council by the Clerk.

Ordinances may be introduced and adopted by title and shall be read in full by the Clerk or his designee before consideration by the Council on second and final reading except as otherwise provided by law, including N.J.S.A. 40:49-2.

Every ordinance after introduction and adoption or first reading shall be published in full, together with a notice as required by law, and said publication shall be published as required by law prior to the time fixed for further consideration for second and final passage. At the same time and place so specified in such notice, all persons interested shall be given opportunity to be heard thereon.

Prior approval by administrative heads of departments. All ordinances and resolutions before presentation to the Council by the Mayor or Business Administrator shall have been reduced to writing. Prior to presentation to the Council, they shall first have been referred for a report on the accuracy of facts to the director of the department under whose jurisdiction the administration of the subject matter of the ordinance or resolution would devolve. Said report shall be in writing where practicable. Thereafter, but before introduction by the Council, the same shall be approved, pursuant to law, by the Corporation Council or his designee and the appropriate committee of the Council.

[Amended 9-1-1981 by Ord. No. 81-057]

Introducing for passage and approval. Ordinances, resolutions or other matters requiring action by the Council shall only be introduced by a member of the Council. When a Councilman introduces an ordinance or resolution, his name shall appear on the same.

Period. All ordinances shall take effect 20 days after final passage and approval by the Mayor. Two-thirds (2/3) of the Council may, however, declare an emergency by written resolution to reduce this twenty-day period except that the period for bond ordinances shall not be reduced.

Veto by Mayor. Ordinances vetoed by the Mayor shall require six affirmative votes of the Council to override thereto. The Council will reconsider any ordinance returned by the Mayor within the time permitted by the charter, together with a statement setting forth his objections thereto or to any item or part thereof. Such reconsideration of the ordinance or any item or part thereof from which the Mayor is constrained to withhold his approval shall be at the next meeting of the Council which occurs not less than three days following the return of the ordinance by the Mayor. Whenever an ordinance has been reconsidered by the Council following a veto by the Mayor, the City 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 the Council of the City of Paterson on the ______ day of ______, 19___, was delivered to me on the _______ day of ______, 19___, 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 ______, 19___, (the Council duly resolved by the affirmative vote of two-thirds of its members to enact such ordinance, item or part thereof notwithstanding the Mayor's veto) or (the Mayor's veto was sustained).
	Dated:
	City Clerk"

Ordinance not returned by 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 City Clerk within 10 days after it has been presented to him, the City Clerk shall append to such ordinance as engrossed a certificate in substantially the following form:

	"I hereby certify that the above ordinance was adopted by the City Council on the ______ day of ______, 19___, and was presented to the Mayor duly certified on the ______ day of ______, 19___, and upon his failure to sign it or to return and file it with the City Clerk within ten days thereafter, said ordinance took effect in like manner as if the Mayor has signed it.
	Dated:
	City Clerk"

(7)

Preparation. Ordinances amending any existing ordinances shall contain in brackets the part repealed, and the part to be inserted shall be underscored.

(8)

Emergency resolutions. Emergency resolutions shall require six affirmative votes for adoption.

Rule 23, Nominations.

Upon the receipt from the Mayor of his nomination to any office or position, the same shall be read under "Communications" by the Clerk or his designee and, unless otherwise ordered, shall be considered by the Council under "New Business." When taken up for action, the President shall put the question on each nomination as follows: "Will the Council confirm the nomination?" On that motion, a vote shall be ordered, and if a majority or more members vote to confirm, the President shall announce: "The nomination is confirmed." If less than a majority of the members vote to confirm, the President shall announce: "The nomination is rejected."

Action by confirmation or rejection upon a nomination made by the Mayor shall not be postponed or delayed longer than for one regular meeting.

Within 24 hours after confirmation or rejection of a nomination, the Clerk shall, in writing, notify the Mayor of that fact.

Rule 24, Reports and resolutions filed with City Clerk. All reports and resolutions shall be filed with the City Clerk and entered in the minutes.

Rule 25, Adjournment. A motion to adjourn shall always be in order and decided without debate.

Rule 26, Absences.

[Added 8-20-2013 by Ord. No. 13-037[4]]

Any member of the Municipal Council who fails to provide proper and timely notice of anticipated absences shall have deducted from their biweekly salary an amount indicated on the following schedule for all absences that meet the following conditions:

Three or more consecutive workshop, regular, and/or committee meetings unattended per calendar year without proper notice provided in writing or via email to the City Clerk, Council President and or in cases of committee meetings the Committee Chairperson.

Five or more consecutive workshop, regular, and/or committee meetings unattended per calendar year without proper notice provided in writing or via email to the City Clerk, Council President, and/or Committee Chairperson will receive in addition to a reduction in salary a resolution of no confidence by the Municipal Council.

Seven or more consecutive workshop, regular, and/or committee meetings unattended without proper notice provided in writing or via email to the City Clerk, Council President, and/or Committee Chairperson will result in the Council member being considered to be on unpaid leave, without salary until further notice.

(d)

Absences of eight or more consecutive weeks are subject to the Municipal Vacancy Act, N.J.S.A. 40A:16-3 (and any successor statutes), which address the circumstances under which a council seat may be deemed vacant.

Schedule of payroll deductions:

Three absences without the advance notice prescribed above will result in a salary deduction of $473 credited against the next pay period following the days absent.

Each absence without the advance notice prescribed above beyond three consecutive absences will result in an additional salary deduction of $158 per occurrence credited against the next pay period following the days absent.

Notice requirement, regardless of reasons for absence: Regardless of the reason for the absence, whether due to illness or other reasons, the advance notice prescribed above is required unless the illness or other circumstances are such that the member is physically incapable of communicating his absence in advance.

Enforcement, upon notice and resolution:

Upon the occurrence of absences that facially trigger payroll deductions under the above standards, the Council may authorize notice to the Division of Personnel that the payroll deduction described above shall be made.

A resolution adopted by a majority of the full membership of the Council shall be required in order to authorize such notice to the Division of Personnel, of to rescind such authorization.