[HISTORY: Adopted by the Mayor and Council
of the Borough of Folsom 3-14-2002 by Ord. No. 291-2002. Amendments noted
where applicable.]
Citation. This chapter may be cited as the "Folsom
Administrative Code."
As used in this chapter, the following terms
shall have the meanings indicated:
The duly appointed Municipal Clerk/Municipal Administrator
of the Borough of Folsom in accordance with N.J.S.A. 40A:9-133.
Any advisory or other committee, subcommittee, or similar
entity composed of members of the Borough Council.
The duly elected governing body of the Borough in accordance
with N.J.S.A. 40A:60-2.
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.
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.
A member of the Borough Council and, if the context requires,
the Mayor when included to constitute a quorum.
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.
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.
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.
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.
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.
A committee of Council which is established to consider and
report on a specific subject, project or undertaking.
One of the committees established by Council at its annual
meeting to assist it for the ensuing year.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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."
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Thereafter, the question shall be put to Council,
and Council shall decide the matter by a majority vote, and this decision
shall be final.
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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:
G.
Referral requirements. A motion to refer a matter
under consideration to a committee or to staff:
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.
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.
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.
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.