[Amended 4-12-2021 by Ord. No. 5-2021]
The Mayor shall serve as the Chairperson/Chair at all meetings
of the Council and shall have a voice and vote in its proceedings.
In the absence of the Mayor and the Deputy Mayor, the Clerk shall
call the Council to order, and it shall thereupon elect a Temporary
Chair for the time being. Upon the arrival of the Mayor or Deputy
Mayor, the Temporary Chair shall immediately relinquish the chair
upon the conclusion of the business immediately before the Council.
[Amended 4-12-2021 by Ord. No. 5-2021]
The Township Clerk shall attend all meetings of the Council
and when required by any committee designated by the Council and shall
keep the minutes of the proceedings of the Council and of such committees.
The minutes of each meeting of the Council shall be available to the
public once approved by the Council.
A.
The Council shall meet annually for organization during
the first week in January at a time and location to be determined
by the Council. The Council shall meet regularly thereafter for a
minimum of two meetings per month. The Council may by a majority vote
increase or decrease the number of meetings for a particular month.
[Amended 12-18-2017 by Ord. No. 27-2017; 4-12-2021 by Ord. No. 5-2021]
B.
Within seven days following the annual organization
of the Council, the Council shall:
(1)
Prominently post and maintain posted throughout the
year in at least one public place reserved for such or similar announcements
a schedule of the regular meetings of the Council;
[Amended 12-18-2017 by Ord. No. 27-2017]
(2)
Transmit, by any appropriate means, to at least two
newspapers (which newspapers shall be designated by the Council) to
receive such notices because they have the greatest likelihood of
informing the public within the Township of such meetings, one of
which shall be the official newspaper, where any such has been designated
by the Council or if the Council has failed to so designate, where
any has been designated by the Essex County Board of Commissioners;
and
[Amended 4-12-2021 by Ord. No. 5-2021]
(3)
File with the Township Clerk a schedule of the regular
meetings of the Council to be held during the succeeding year. Such
schedule shall contain the location of each meeting to the extent
it is known and the time and date of each meeting. In the event that
such schedule is thereafter revised, the Council, within seven days
following such revision, shall post, transmit and submit such revision
in the manner described above.
[Amended 4-12-2021 by Ord. No. 5-2021
C.
Following
a member's unexcused absence from scheduled meetings of the Township
Council for a period of eight consecutive weeks or for four regular
meetings, whichever shall be of longer duration, that member's pay
shall hereby be suspended and reduced prorata by the amount of the
member's annual salary as a Council member for the total duration
of the member's unexcused absence. That member's pay shall be reinstated
upon the member's return to the Council. For the purpose of this provision,
an excused absence shall be any absence whenever the member fails
to attend and participate at meetings of the Township Council, when
either: i) the absence is due to legitimate illness or circumstances
conforming to FMLA; or ii) a majority of the remaining Council members
affirmatively vote to excuse the absence.
[Added 6-6-2011 by Ord. No. 26-2011]
A.
The Mayor may, at any time, and upon written request
of any three members of the Council shall, call a special meeting.
The call for a special meeting shall specify the purpose of the meeting,
and no business shall be transacted at any special meeting other than
that specified. The Mayor's call for a special meeting shall be transmitted
to the Clerk at least 48 hours' prior to the date for which the meeting
is called.
[Amended 4-12-2021 by Ord. No. 5-2021]
B.
The Clerk shall forthwith give notice thereof by email,
telephone, or hand-delivery to each member of the Council, at such
place/address as each member of the Council shall have previously
designated for that purpose. The Police Department shall cooperate
with the Clerk to effectuate any service of notice when requested.
[Amended 4-12-2021 by Ord. No. 5-2021]
C.
Unless as otherwise provided in Subsection D of this section, there shall be written advance notice of at least 48 hours, giving the time, date, location and to the extent known, the agenda of the special meeting, which notice shall accurately state whether formal action may or may not be taken and which shall be:
(1)
Prominently posted in at least one public place reserved
for such or similar announcements;
(2)
Transmitted to at least two newspapers, which newspapers
shall be designated by the Council to receive such notices because
they have the greatest likelihood of informing the public within the
Township of such meeting, one of which shall be the official newspaper,
where any such has been designated by Council, or if the Council has
failed to so designate, where any has been designated by the Essex
County Board of Commissioners; and
[Amended 4-12-2021 by Ord. No. 5-2021]
(3)
Filed with the Township Clerk.
D.
The written advance notice described in Subsection C above is not required where:
(1)
The Council special meeting will be limited only to
consider:
(a)
Privileged matters
[1]
Any matter which, by express provision of federal
law or state statute or rule of court shall be rendered confidential
or excluded;
[2]
Any matter in which the release of information
would impair a right to receive funds from the government of the United
States;
[3]
Any material the disclosure of which constitutes
an unwarranted invasion of individual privacy such as any records,
data, reports, recommendations, or other personal material of any
educational, training, social service, medical, health, custodial,
child protection, rehabilitation, legal defense, welfare, housing,
relocation, insurance and similar program or institution operated
by a public body pertaining to any specific individual admitted to
or served by such institution or program, including but not limited
to information relative to the individual's personal and family circumstances,
and any material pertaining to admission, discharge, treatment, progress
or condition of any individual, unless the individual concerned (or,
in the case of a minor or incompetent, his guardian) shall request
in writing that the same be disclosed publicly;
[4]
Any collective bargaining agreement or the terms
and conditions which are proposed for inclusion in any collective
bargaining agreement, including the negotiation of the terms and conditions
thereof with employees or representatives of employees of the Council;
[5]
Any matter involving the purchase, lease or
acquisition of real property with public funds, the setting of banking
rates or investment of public funds, where it could adversely affect
the public interest if discussion of such matters were disclosed;
[6]
Any tactics and techniques utilized in protecting
the safety and property of the public, provided that their disclosure
could impair such protection. Any investigations of violations or
possible violations of the law;
[7]
Any pending or anticipated litigation or contract negotiation other than in Subsection D(1)(a)[7] herein in which the public body is, or may become a party;
[8]
Any matters falling within the attorney-client
privilege, to the extent that confidentiality is required in order
for the attorney to exercise his ethical duties as a lawyer;
[9]
Any matter involving the employment, appointment,
termination of employment, terms and conditions of employment, evaluation
of the performance of, promotion or disciplining of any specific prospective
public officer or employee or current public officer or employee employed
or appointed by the public body, unless all the individual employees
or appointees whose rights could be adversely affected request in
writing that such matter or matters be discussed at a public meeting;
[10]
Any deliberation of a public body occurring
after a public hearing that may result in the imposition of a specific
civil penalty upon the responding party or the suspension or loss
of a license or permit belonging to the responding party as a result
of an act or omission for which the responding party bears responsibility;
or
(b)
Urgent matters.
(2)
Upon the affirmative vote of three-quarters of the
members present, the Council may hold a meeting notwithstanding the
failure to provide adequate notice if:
(a)
Such meeting is required in order to deal with matters
of such urgency and importance that a delay for the purpose of providing
adequate notice would be likely to result in substantial harm to the
public interest; and
(b)
The meeting is limited to discussion of, and acting
with respect to, such matters of urgency and importance; and
(c)
Notice of such meeting is provided as soon as possible following the calling of such meeting by posting written notice of the same in the public place described in Subsection C above, and also by notifying the two newspapers described in Subsection C by telephone, telegram, or by delivering a written notice of same to such newspapers; and
(d)
Either:
[1]
The Council could not reasonably have foreseen
the need for such meeting at a time when adequate notice could have
been provided; or
[2]
Although Council could reasonably have foreseen
the need for such meeting at a time when adequate notice could have
been provided, it nevertheless failed to do so.
All regular and special meetings of the Council
shall be open to the public. The Township Manager, Attorney, engineer,
Clerk and such other Township officers and employees as may be required
by general or special order of the Council shall attend regular and
special meetings of the Council.
