Pursuant to the Charter, the legislative power
of the City will be exercised by the Council.
[Amended 6-13-2023 by Ord. No. 2400-23]
The Council will organize annually at a date
and time set by resolution within the first seven days of the month
of July. At such organization meeting, it will elect a President of
the Council from among its members. The business of the Council shall
be conducted in accordance with the code and the Council's rules of
procedure provided by ordinance, unless otherwise required by the
Charter.
A. Term; absence. The President of the Council shall
serve until the next organization meeting following his election and
until the election and qualification of his successor. In the absence
of the President of the Council, the Council shall elect a temporary
presiding officer, who shall have all the functions, powers and duties
of the President during his absence.
B. Duties. The President of the Council shall preside
at its meeting. He shall preserve order and decorum at all meetings
of the Council. He shall state every question coming before the Council,
announce the decisions of the Council and decide all questions of
order subject to appeal to the Council. He may vote on all questions,
his name being called last. He shall appoint all special committees
of the Council and shall sign all ordinances and resolutions adopted
by the Council during his presence.
[Amended 3-18-1976 by Ord. No. 327-76; 12-21-1976 by Ord. No.
357-76]
As required by the Charter, the City Clerk shall
serve as Clerk of the Council. He shall keep a journal of its proceedings
and record of minutes of every meeting and shall have such other functions,
powers and duties as are provided by the code.
[Added 5-22-2012 by Ord. No. 1905-12]
In accordance with the Open Public Meetings Act, N.J.S.A. 10:4-1
et seq., the City Council opens every public meeting for comments
from the public. However, in accordance with N.J.S.A. 10:4-12, "nothing
in this Act shall be construed to limit the discretion of a public
body to permit, prohibit or regulate the active participation at any
meeting." Therefore, the City Council will not entertain any comments
from persons who communicate obscene material, make statements which
are considered bias intimidation in which any person attempts to intimidate
any individual or group because of race, color, religion, handicap,
sexual orientation or ethnicity or makes personally offensive or abusive,
defamatory or profane comments, comments intending to harass or speak
any offensive or abusive language. The person who makes such statements
will relinquish their allotted five minutes for public discussion.
There shall be no standing committee of the
Council other than the Committee of the Whole. The President of the
Council shall be the presiding officer of the Committee of the Whole,
and the rules of proceedings in the Council shall be observed in the
Committee of the Whole as far as the same may be applicable.
[Amended 7-11-1985 by Ord. No. 865-85; 10-9-1997 by Ord. No.
1417-97; 11-23-2001 by Ord. No. 1524-01; 6-13-2023 by Ord. No. 2400-23]
The regular meetings of the Council will be
held on the first and third week of each month at 7:00 p.m. in the
City Council Chambers. The Council may, by resolution, cancel one
or more of the regular meetings.
As provided by the Charter, the Mayor may and,
upon written request of a majority of the members of the Council specifying
a purpose, shall call a special meeting of the Council. In the call
he shall designate the purpose of the special meeting and no other
business shall be considered at such meeting. The call for a special
meeting shall be filed with the City Clerk during regular business
hours, and the Clerk shall forthwith serve notice thereof upon each
Councilman by leaving a copy of the call at his place of residence
and by telephone communication, if possible, at such place as the
Councilman may previously in writing designate. Except in case of
a public emergency, the call for a special meeting shall be filed
with the Clerk at least 48 hours before the time for which the meeting
is called. The Clerk shall also forthwith release copies of the call
to the press and post at least one copy in a prominent place near
the entrance to the Clerk's office.
Regular and special meetings of the Council
shall be held either in City Hall or in a public school building as
determined by the Council by resolution adopted prior to the meeting,
except that a meeting may be adjourned from one place to another whenever
Council determines that the convenience of the citizens present would
be served by such move.
[Amended 7-11-1985 by Ord. No. 865-85]
All meetings of the Council shall be open to
the public. The Council may also hold work sessions at which no official
action may be taken.
A. On the Monday preceding each regular meeting of the
Council, the Clerk shall prepare, with the approval of the President,
the agenda for the ensuing regular meeting. Such agenda shall include
all matters proposed by any member of Council not later than the preceding
work session and such other matters as the President may determine,
together with all matters required by the standing order of business.
The Clerk shall forthwith deliver a copy of the agenda to each Councilman
at his place of residence and at such place as the Councilman may
previously, in writing, designate. The Clerk shall also forthwith
release copies of the agenda to the press and post at least one copy
in a prominent place near the entrance to the Clerk's office.
B. 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 Councilmen present.
A. A majority of the whole number of members of the Council
shall constitute a quorum.
B. No ordinance may be finally adopted by the Council
without the affirmative vote of a majority of the members of the Council
or such greater number as may be required by the Charter (e.g., the
local bond law), and no resolution may be finally adopted by the Council
without the affirmative vote of a majority of those present or such
greater number as may be required by the Charter (e.g., local budget
law, local public contracts law, etc.).
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.
[Added 3-18-1976 by Ord. No. 329-76;
amended 7-11-1985 by Ord. No. 865-85]
All directors are required to attend all meetings
of the City Council, regular sessions and work sessions.
A. Preparation. Ordinances and resolutions shall be prepared
by the City Attorney upon direction of the Council or the Mayor. Prior
to introduction, each proposed ordinance or resolution requiring or
permitting administrative action may be submitted to the Business
Administrator and the department head concerned, each of whom shall
submit to the Council an opinion as to the administrative implications
of the proposed ordinance or resolution.
B. Introduction; limitation; procedure. An ordinance
or resolution may be introduced by any member of the Council. Each
ordinance and resolution shall be limited to a single object, which
shall be expressed in its title. After the first reading of an ordinance,
it shall be referred to the Committee of the Whole. Each resolution
shall also be referred to the Committee of the Whole upon its introduction
unless the Council shall provide for its immediate passage.
C. Procedure; mayoral participation. All ordinances shall
be introduced, read, heard and enacted in the manner provided by general
law. Each ordinance passed by the Council shall be promptly delivered
by the Clerk to the Mayor. Each ordinance shall be returned by the
Mayor to the Clerk after the Mayor has affixed his signature thereto
or after the expiration of 10 days from the date of its delivery to
the Mayor in any event.
D. Time effective; exceptions. No ordinance other than
the local budget ordinance shall take effect less than 20 days after
its final passage by Council and approval by the mayor, where such
approval is required, unless the Council shall adopt a resolution
declaring an emergency and at least 2/3 of the Councilmen vote in
favor of such resolution.
A. The Council will reconsider any ordinance returned
by the Mayor without his approval, pursuant to the Charter. 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 Council which occurs not less than three nor more than 30 days
following the return of the ordinance by the Mayor.
B. 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:
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"I HEREBY CERTIFY that the above ordinance,
adopted by the Council on the .... day of ........, 19..., was delivered
to the Mayor on the .... day of .........., 19..., 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 thereon
on the ....... day of ........ (the Council duly resolved by the affirmative
vote of five of its members to enact such ordinance, item or part
thereof notwithstanding the Mayor's veto) or (the Mayor's veto was
sustained.)"
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Clerk
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Dated:
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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, as engrossed,
a certificate in substantially the following form:
"I HEREBY CERTIFY that the above ordinance was
adopted by the Council on the ....... day of .........., 19...., and
was presented to the Mayor duly certified on the ....... day of .......,
and upon his failure to sign it or to return 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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Clerk
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Dated:
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A. Form. Appointments submitted by the Mayor for consideration
of the Council shall be in the following form: "I hereby nominate
and, upon consent of the Council, appoint (name of individual) for
the office of (title of office) for the term and with tenure provided
by law."
B. Nominations. Nominations submitted by the Mayor will
be considered in the Committee of the Whole and may be reported to
the Council at a regular meeting. Any member of the Council may move
confirmation of a nomination. The motion shall be in the following
form: "The Mayor having advised with the Council with respect thereto
and having nominated (name of nominee) for appointment to the office
of (title of office), the Council does hereby consent to such appointment."
C. Appointments by Council.
(1) With respect to appointments to be made by the Council,
any member of the Council may nominate as many candidates as there
are offices to be filled. The Council will consider such nominations
in the Committee of the Whole, which will report to a regular meeting
of the Council.
(2) Where there is a single office to be filled, the sense
of the Council on the appointment shall be taken as to each nominee,
and the nominee receiving the vote of a majority of those voting on
the question (except where a greater number is required by law) shall
be deemed appointed.
(3) Where there is more than one office to be filled,
such as on a board, commission or authority, the same procedure shall
be followed with respect to each office separately until the total
number of appointments to be made has been completed. In the discretion
of the Chair, a group of nominations may be considered at once where
there is no apparent division in the Council as to the nominees included
in the group.
As authorized by the Charter, the Council may:
A. Require any municipal officer, in its discretion,
to prepare and submit sworn statements regarding his official duties
in the performance thereof, and it may also investigate the conduct
of any department, office or agency of the municipal government.
B. Remove any municipal officer, other than the Mayor
or a member of Council, for cause, upon notice and an opportunity
to be heard.
The Clerk shall record all ordinances and resolutions
adopted by the Council, and at the close of each year, with the advice
and assistance of the City Attorney, shall bind, compile or codify
all the ordinances and resolutions, or true copies thereof, of the
City which then remain in force and effect. He shall also properly
index the record books, compilation or codification or ordinances
and resolutions.