Borough of Folsom, NJ Chapter 5 Administration of Government

[HISTORY: Adopted by the Mayor and Council of the Borough of Folsom 3-14-2002 by Ord. No. 291-2002. Amendments noted where applicable.]

§ 5-1 Title.

Citation. This chapter may be cited as the "Folsom Administrative Code."

§ 5-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

CLERK/MUNICIPAL ADMINISTRATOR

The duly appointed Municipal Clerk/Municipal Administrator of the Borough of Folsom in accordance with N.J.S.A. 40A:9-133.

COMMITTEE

Any advisory or other committee, subcommittee, or similar entity composed of members of the Borough Council.

COUNCIL

The duly elected governing body of the Borough in accordance with N.J.S.A. 40A:60-2.

MAYOR

The head of the municipal government elected in accordance with N.J.S.A. 40A:60-2 and with the powers set forth in N.J.S.A. 40A:60-5.

MEETING

Any regular or special gathering of the members of Council as defined by the Open Public Meetings Act, N.J.S.A. 10:4-8.

MEMBER

A member of the Borough Council and, if the context requires, the Mayor when included to constitute a quorum.

POINT OF INFORMATION

A request directed to the presiding officer or to another member or to staff of the Borough for information relevant to the business at hand but not related to a point of procedure.

POINT OF ORDER

The raising of a question by a member with a view of calling attention to any departure from this Administrative Code or the customary procedures in debate or in the conduct of the Council's business.

POINT OF PROCEDURE

A question directed to the presiding officer to obtain information on a matter of parliamentary law or the rules of Council bearing of the business at hand in order to assist a member to make an appropriate motion, raise a point of order or understand the parliamentary situation or the effect of a motion.

PRESIDING OFFICER

The Mayor or, in his absence, the Council President, or, in the absence of both of them, the member appointed to act in their absence, while presiding at meetings of Council.

QUESTION OF PRIVILEGE

The raising of a question which concerns a member or the Council collectively, when a member believes that another member has spoken disrespectfully towards him or the Council, or when he believes his comments have been misunderstood or misinterpreted by another member.

SPECIAL COMMITTEE

A committee of Council which is established to consider and report on a specific subject, project or undertaking.

STANDING COMMITTEE

One of the committees established by Council at its annual meeting to assist it for the ensuing year.

§ 5-3 Procedure.

A. Rules and regulations. The rules and regulations contained in this Administrative Code shall be observed in all proceedings of the Council and shall be the rules and regulations for the order and conduct of business in Council and its committees.

B. Reference. When any matter relating to proceedings in Council or in a committee arises which is not covered by a provision of this Administrative Code or for which there is not a customary method of proceeding, the procedure to be followed shall be decided with reference to Robert's Rules of Order.

C. Conflict. In the event of any conflict between the provision of this Administrative Code and the provisions of the authority referred to in Subsection B, the provisions of this Administrative Code shall apply.

D. Conflict statutory provision. The provisions of this Administrative Code are subject to any statutory provisions in effect, and in the event of any conflict between such statutory provisions and the provisions of this Administrative Code, the statutory provisions shall apply.

E. Suspension of the rules. Notwithstanding any other of the provisions of this Administrative Code, in the absence of any statutory obligation, the rules and regulations contained in this Administrative Code may be suspended or altered for a single occasion with the consent of not less than 2/3 of the members present.

F. Quorum. A quorum of Council shall consist of three members of Council and the Mayor, or, in the absence of the Mayor, four members of Council shall constitute a quorum for transacting business.

G. Quorum not present. If at any meeting the number of members is reduced to less than a quorum, the Council meeting shall stand adjourned.

H. Adjournment due to hour. A regular or special meeting of Council shall adjourn at the hour of 11:30 p.m. if in session at that time and shall reconvene at such other day and time as Council by resolution may direct.

I. Meeting extension. Notwithstanding Subsection H, Council may agree to an extension beyond 11:30 p.m., if a majority of the members agrees to do so. If the meeting is in session at 11:25 and Council has not considered whether or not to extend the meeting, the Clerk/Municipal Administrator shall ask whether any members wish to make such a motion.

J. Taping. Meetings of Council shall be taped by the Clerk/Municipal Administrator as a means of assisting in the preparation of the minutes of the meeting. If any meeting or a portion of a meeting is closed in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-12, the Clerk/Municipal Administrator shall separately tape that portion.

K. Broadcasting. Meetings which are not closed to the public in accordance with the Open Public Meetings Act[1] may be taped, televised or otherwise electronically or mechanically recorded by a cable television company, by any other licensed telecommunications company or by any person, provided that such a taping, televising or recording is carried out in a manner which does not interfere with proceeding at the meeting and provided that such person and representatives of such companies advise Council prior to the beginning of the meeting of such intention.

[1] Editor's Note: See N.J.S.A. 10:4-6 et seq.

L. Taping request. Anyone wishing to tape, televise or otherwise electronically or mechanically record a meeting of Council shall advise the Clerk/Municipal Administrator of that intention prior to the commencement of the meeting.

§ 5-4 Meetings.

A. Organization meeting. The Mayor and Council shall hold an annual meeting on the first day of January or during the first seven days of January in accordance with N.J.S.A. 40A:60-3.

B. (Reserved)[1]

[1] Editor’s Note: Former Subsection B, Council meetings, was repealed 3-9-2016 by Ord. No. 02-2016.

C. Meeting schedule. Council shall at the annual organization meeting adopt a schedule for regular meetings of Council for the succeeding year, and meetings shall be held in accordance with the schedule unless otherwise provided. Meetings shall not normally be scheduled on legal holidays.

D. Meetings open to public. Except as provided in the Open Public Meetings Act,[2] Council meetings shall be open to the public, and no person shall be excluded therefrom except for improper conduct.

[2] Editor's Note: See N.J.S.A. 10:4-6 et seq.

E. Conduct of the public. Members of the public who constitute the audience at a Council Meeting:

(1) May not address Council without permission of the presiding officer; and

(2) Shall maintain order and quiet.

F. Improper conduct. The presiding officer at any meeting may cause to be expelled and excluded any member of the public who creates any disturbance or acts improperly during a meeting, and, if necessary, the presiding officer shall direct the Clerk/Municipal Administrator to seek appropriate police assistance.

§ 5-5 Special and closed meetings.

A. Special meeting called by the Mayor. The Mayor shall, when necessary, call special meetings of the Council.

B. Special meetings called by Council. If the Mayor neglects or refuses to call a special meeting of Council, any four members of Council may call such a special meeting at such time as they may designate. Such four members shall notify the Clerk/Municipal Administrator of the desire to schedule such a special meeting, and the Clerk/Municipal Administrator shall immediately notify the other members of Council and the Mayor of the scheduling of such a meeting and shall provide the appropriate public notice in accordance with the Open Public Meetings Act.[1]

[1] Editor's Note: See N.J.S.A. 10:4-6 et seq.

C. Closed meetings. A meeting or part of a meeting may be closed to the public only if the subject matter of discussion is a matter set forth in N.J.S.A. 10:4-12. The public shall not be excluded from any meeting or portion of a meeting unless Council first adopts a resolution at a meeting to which the public shall be admitted setting forth the general nature of the subject to be discussed and stating, as precisely as possible, the time when the circumstances under which the discussion conducted in closed session can be disclosed to the public.

D. No action in closed meetings. In a closed meeting, Council may only discuss the matter which is the basis of excluding the public, and no action may be taken.

§ 5-6 Council President; Acting Mayor.

A. Appointment. At the organizational meeting of Council, Council shall, by the vote of the majority of its members, elect a president of the Council, who shall preside at all of its meetings when the Mayor does not preside. The President of Council shall hold office for one year and until the next annual organizational meeting. The Council President shall have the right to debate and vote on all questions before Council.

B. Acting Mayor. The Council President shall perform all of the duties of the Mayor during any period in which the Mayor is absent from the Borough for three or more days or is unable to perform the duties of his office. Where such absence is intended, the President of Council shall become the Acting Mayor until the Mayor's return. If the Council President is unable to perform the duties of the Acting Mayor, then Council shall select a member to act temporarily for the Council President.

§ 5-7 Quorum; absence of members; order of business.

A. Quorum and call to order. When there are sufficient members to constitute a quorum at the time set for the commencement of the meeting or as soon thereafter as the quorum is presence, the Mayor, or if the Clerk/Municipal Administrator has been advised that the Mayor will be absent or late, the Council President, shall take the chair and call the meeting to order.

B. Quorum not present. If there is no quorum within 30 minutes of the time appointed for the meeting, the Clerk/Municipal Administrator shall record the names of all members present at that time and the meeting shall be deemed to be adjourned until the next regular meeting, unless a special meeting is called for that purpose in the meantime.

C. Mayor absent. In the event that the Mayor does not attend within 15 minutes after the time appointed, the Council President shall assume the chair, call the members to order and, if a quorum is present, preside during the meeting or until the arrival of the Mayor.

D. Mayor and Council President absent. In the absence of the Mayor and Council President, if a quorum is present, the Clerk/Municipal Administrator shall call the meeting to order and a chair shall be chosen from the members who shall preside during the meeting or until the arrival of the Mayor or the Council President.

E. Order of business. The normal order of business for regular and special meetings of Council shall be as set forth in the agenda.

F. Alteration of the order of business. When an alteration of the order of business is desired for the convenience of the meeting, the presiding officer or Council by a majority vote may make any such alteration to the order of business.

§ 5-8 Agenda.

A. Preparation of agenda. The Clerk/Municipal Administrator shall prepare for the use of Council at all regular meetings an agenda generally following the following:

(1) Call to order;

(2) Salute to the flag;

(3) Statement of adequate public notice;

(4) Roll call;

(5) Statement of others present;

(6) Minutes;

(7) Construction report;

(8) Ordinances;

(9) Open to the public;

(10) Clerk/Municipal Administrator's correspondence;

(11) Resolutions;

(12) Solicitor's report;

(13) Engineer's report;

(14) Mayor's report;

(15) Council members' reports;

(16) Public comments on Council members' reports;

(17) Payment of bills; and

(18) Adjournment.

B. Delivery to members. The Clerk/Municipal Administrator shall use its best effort to insure that copies of the agenda are made available to each member by the Tuesday immediately preceding the meeting.

C. Distribution. The Clerk/Municipal Administrator shall use its best efforts to insure that copies of the agenda are made available to the public by the Wednesday immediately preceding the meeting.

D. Failure to provide agenda. The failure of the Clerk/Municipal Administrator to make available copies of the agenda in a timely fashion shall not invalidate the proceedings of Council.

§ 5-9 Public communication.

A. Inclusion on agenda. Upon the receipt of a communication or documents intended for Council, the Clerk/Municipal Administrator may include it as a separate item on the agenda at the next regular meeting of Council or may bring the matter to Council's attention during the Clerk/Municipal Administrator's correspondence portion.

B. Referral to appropriate committee. On receipt of a communication or document intended for Council, the Clerk/Municipal Administrator may refer it to the appropriate committee of Council prior to a Council meeting.

§ 5-10 Presentation to Council.

A. Appearance before Council. When any person or representative of any group of persons wishes to address Council, other than merely appearing during the public portion, such person shall so advise the Clerk/Municipal Administrator prior to 3:00 p.m. on the Monday preceding the meeting and shall state the reason for requesting to address Council. The presiding officer shall then designate the appropriate amount of time for such presentation to Council.

B. Public portion. Except with the consent of the presiding officer, no person shall address Council for more than five minutes during the public portion of a meeting.

C. Public hearings on ordinance adoption. At the hearing on the adoption of an ordinance, all persons interested in such proposed ordinance shall be given an opportunity to be heard, and the opportunity to be heard shall include the right to ask pertinent questions concerning the proposed ordinance. The presiding officer may, however, impose reasonable limitations.

§ 5-11 Presiding officer.

A. Meeting called to order. It shall be the duty of the presiding officer to open the meeting of Council by taking the chair and calling the meeting to order.

B. Motions. It shall be the duty of the presiding officer to receive and submit, in the proper manner, all motions presented by members.

C. Voting. It shall be the duty of the presiding officer to put to a vote all motions which are appropriately moved and seconded or necessarily arise in the course of proceedings. The presiding officer or the Clerk/Municipal Administrator may then announce the result.

D. Rules of order. It shall be the duty of the presiding officer to determine what motions or amendments are in order, subject to an appeal to Council, and decline to put any motion or amendment before Council which he deems to be out of order or contrary to law.

E. Maintaining rules of procedure. It shall be the duty of the presiding officer to follow the rules of procedure and keep the members, when engaged in debate, within the rules of procedure.

F. Order and decorum. It shall be the duty of the presiding officer to observe order and decorum and enforce on all occasions the observance of order and decorum among the members.

G. Ordinances and resolutions. It shall be the duty of the presiding officer to authenticate by his signature, when necessary, all ordinances and resolutions of Council.

H. Committee member selection. It shall be the duty of the presiding officer to select members who are to serve on committees, subject to the approval of Council.

§ 5-12 Rules of conduct.

A. Speaking order. When two or more members wish to speak, the presiding officer shall name the member who is to speak first.

B. Speaker recognition. When a member wishes to speak at a Council meeting, he shall be recognized by the presiding officer before doing so.

C. Speaking twice. No member shall speak a second time unless all members have had an opportunity to speak once.

D. Member making motion. Notwithstanding Subsection C, a member who has made a motion should be allowed to close the debate after all other members have been given an opportunity to speak.

E. Question through presiding officer. A member may ask a question of a previous speaker only through the presiding officer, and a question must be stated precisely and relate to the speaker's remarks, but in any event, a member may ask a question of the presiding officer or of staff through the presiding officer prior to the motion being put to a vote.

F. Reading of motion. Any member may require the motion under consideration to be read at any time during consideration.

G. Disturbance. No member shall disturb Council or another member by any disorderly conduct.

H. Insults. No member shall use offensive words or insulting expressions in referring to Council, any member, any official of the Borough or any member of the public.

I. Disobedience. No member shall disobey the rules of procedure or decision of the presiding officer or of Council on questions of order or practice or upon the interpretation of the rules of procedure.

J. Interruption. No member shall interrupt a member while speaking except to raise a point of order or question of privilege.

§ 5-13 Questions of privilege; points of information.

A. Consideration. Whenever a question of privilege or point of procedure arises, it shall be considered immediately.

B. Question of privilege. A member may raise at any time a question of privilege, and a question of privilege shall take precedence over all other matters.

C. Point of information. When a point of information is raised, the presiding officer shall answer the question or direct the question to the appropriate person.

D. Speaker interruption. A member may interrupt a person who is speaking to raise a point of order or a point of procedure when such member believes that there has been a deviation or departure from the rules of procedure, and upon hearing such point of order or point of procedure, the ruling of the presiding officer shall be final unless a challenge is made to Council.

E. Challenge. Whenever a member wishes to challenge the ruling of the presiding officer on a point of order or point of procedure, he shall make a motion substantially as follows:

	"That the decision of the presiding officer be overruled."
	Thereafter, the question shall be put to Council, and Council shall decide the matter by a majority vote, and this decision shall be final.

§ 5-14 Motions.

A. Move and second. A motion shall be ordinarily moved and seconded before being debated or put to a vote. The presiding officer may present a motion without it having been moved and seconded if deemed necessary to the proceedings.

B. Withdrawal. After a motion has been moved and seconded, it is in the possession of Council for consideration; but with the consent of the majority of Council and without debate, it may be withdrawn at any time before it has been voted on.

C. Public. If members of the public are to be heard on a matter, no motion shall be decided until they have been heard.

D. Debate. All motions which are properly before Council for consideration are open to debate and may be amended. The amendment of proposed ordinances is subject to the notice requirements of N.J.S.A. 40:49-2.

E. Order on motions. When a motion has been moved and seconded is being considered by Council, no motion shall be received except the following motions, which shall have precedence in the order in which they are named:

(1) To adjourn the meeting;

(2) To proceed beyond the hour of 11:30 p.m.;

(3) To close the debate;

(4) To table the question;

(5) To refer the question to some other consideration;

(6) To defer the question to a certain time or date;

(7) To amend the amendment; or

(8) To amend the main motion.

F. Closing debate. A motion to close debate:

(1) Shall not be amended or debated;

(2) Requires the affirmative vote of 2/3 of the members present.

G. Referral requirements. A motion to refer a matter under consideration to a committee or to staff:

(1) Shall be open to debate and may be amended; and

(2) Shall include the terms on which the motion is being referred, the time at which the matter is to be returned and whatever explanation may be necessary as to the purpose of the motion.

H. Deferral requirements. A motion to defer to a certain time and date:

(1) Shall be open to debate as to advisability of postponement; and

(2) May be amended as to the time or date to which the matter is deferred.

I. Amendment. A motion to amend:

(1) Shall be open to debate;

(2) Shall not be directly contrary to the main motion; and

(3) Shall relate to the subject of the main motion.

J. One amendment at a time. Only one amendment at a time shall be presented to the main motion, and only one amendment at a time shall be presented to an amendment.

K. Order of amendments. The presiding officer shall put in the reverse order to which they have been moved and when all amendments are voted upon, the presiding officer shall put the main motion, incorporating any adopted amendments.

§ 5-15 Voting.

A. Distinct propositions in a motion. When a motion under consideration contains one or more distinct propositions, where any member so requests, the vote upon each proposition shall be taken separately.

B. Vote on motion. The presiding officer shall put a motion to a vote after all members desiring to speak on the motion have spoken.

C. No further speaking on motion. After a motion is put to a vote by the presiding officer, no member shall speak to that motion except to provide a brief explanation of the member's vote.

D. Voting by the Mayor. The Mayor may vote to break a tie.

E. Announcement of result. The presiding officer or the Clerk/Municipal Administrator shall immediately announce the result of every vote.

F. Disagreement with result. If a member disagrees with the announcement by the presiding officer or the Clerk/Municipal Administrator of the result of any vote, such member shall object immediately to the presiding officer and request that the vote be retaken.

G. Recorded vote in order. When a recorded vote is taken all members must vote in order, but the Mayor shall vote last in the event of a tie. The names of those who voted for and those who voted against the motion shall be entered in the minutes. If a member is disqualified from voting, such disqualification shall be recorded in the minutes.

§ 5-16 Committees.

A. Standing committees. There shall be such standing committees as may be designated at the annual organization meeting of Council based upon the appointment of members to such committees and the approval of Council.

B. Chair and Vice Chair. The Mayor shall appoint, subject to the approval of Council, a Chair and Vice Chair for each committee. The Mayor shall be an ex officio member of all committees.

C. Special committees. In addition to the standing committees, the Mayor, with the approval of Council, may appoint members to such special committees as he may deem appropriate. When a special committee has completed its work, it shall be deemed dissolved.

§ 5-17 Interference with work of Borough; execution of documents.

A. Work of the municipality. No member as an individual shall direct or interfere with the performance of any work for the Borough. The officer or employee in charge of such work shall be subject to only the Council and the committee to which the Council may give authority on its behalf.

B. Execution of documents. Whenever the execution of any document is required to give effect to any action of the Borough, the Mayor and Clerk/Municipal Administrator have the general authority for and in the name of the Borough to execute and affix the Seal of the Borough to such documents.