Township of Vernon, NJ Article II Mayor and Council

§ 5-3 Office of the Mayor.

A. Executive power. Pursuant to N.J.S.A. 40:69A-39, the executive power of the Township shall be exercised by the Mayor, subject to the procedures set forth in the Mayor-Council Plan of government.

B. General powers and duties. The powers and duties of the Mayor shall be to:

(1) Enforce the charter and ordinances of the municipality and all general laws applicable thereto;

(2) Report annually to the council and to the public on the state of the municipality, and the work of the previous year; the Mayor shall also recommend to the council whatever action or programs the Mayor deems necessary for the improvement of the municipality and the welfare of its residents. The Mayor may from time to time recommend any action or programs the Mayor deems necessary or desirable for the municipality to undertake;

(3) Supervise, direct and control all departments of the Township government and shall require each department to make an annual and such other reports of its work as the Mayor may deem desirable;

(4) Require such reports and examine such accounts, records and operations of any board, commission or other agency of municipal government, as the Mayor deems necessary;

(5) Prepare and submit to the council for its consideration and adoption an annual operating budget and a capital budget, establish the schedules and procedures to be followed by all municipal departments, offices and agencies in connection therewith, and supervise and administer all phases of the budgetary process;

(6) Supervise the care and custody of all municipal property, institutions and agencies, and make recommendations concerning the nature and location of municipal improvements and execute improvements determined by the Council;

(7) Sign all contracts, bonds or other instruments requiring the consent of the Township;

(8) Review, analyze and forecast trends of municipal services and finances and programs of all boards, commissions, agencies and other municipal bodies, and report and recommend thereon to the Council;

(9) Supervise the development, installation and maintenance of centralized budgeting, personnel and purchasing procedures as may be authorized by ordinance;

(10) Negotiate contracts for the Township, subject to Council approval;

(11) Assure that all terms and conditions imposed in favor of the Township or its inhabitants in any statute, franchise or other contract are faithfully kept and performed;

(12) Serve as an ex officio, nonvoting member of all appointive bodies in Township government of which the Mayor is not an official voting member.

C. Appointment power.

(1) The Mayor shall appoint all officers and employees for whose selection or appointment no other provision is made by Charter, ordinance or general law.

(2) The Mayor shall appoint the directors of each department with the advice and consent of the Council. Each director shall serve during the term of office of the Mayor and until the appointment and qualification of a successor.

(3) The Mayor shall have such further appointment power as is provided by general law or this code.

(4) The Mayor may remove any director after giving the director notice and an opportunity to be heard. Prior to removing the director, the Mayor shall file written notice of the Mayor's intention with the Council, and such removal shall become effective on the 20th day after the filing of the notice unless the Council prior to that day adopts a resolution by a two-thirds vote of the whole membership of the Council disapproving the removal.

(5) Whenever a vacancy exists in any office required by the Charter or the Administrative Code to be filled by the Mayor with the advice and consent of the Council and if there is no holdover incumbent, the Mayor may temporarily fill a vacancy (in the absence of any contrary provision in the Charter or ordinances) by appointing an acting officer, including the designation of the Mayor as Acting Director in the event of a vacancy in any department. The appointee shall have all the functions, powers and duties of the office until it shall be permanently filled. Any such appointment shall terminate 90 days after the date of the appointment unless the Council shall, by resolution, authorize one or more extensions of such period of up to 90 days.

D. Attendance and participation in Council meetings. The Mayor may attend meetings of the Council and may take part in discussions of Council, but shall not vote except in the case of a tie on the question of filling a vacancy in the Council, in which case the Mayor may cast the deciding vote.

E. Approval or veto of ordinances. All ordinances adopted by the Council shall be submitted to the Mayor and the Mayor shall within ten (10) days after receiving an ordinance either approve the ordinance by signing it or return it to the Council by delivering it to the Township Clerk, together with a statement setting forth the Mayor's objections to the ordinance or to any item or part thereof. Pursuant to N.J.S.A. 40:69A-41, no ordinance or any item or part thereof shall take effect without the Mayor's approval unless the Mayor fails to return the ordinance to the Council within ten (10) days after it has been presented to the Mayor or unless Council, upon reconsideration after the third day following its return by the Mayor, shall by a vote of 2/3 of the total membership of the Council resolve to override the Mayor's veto.

F. Acting Mayor. Pursuant to N.J.S.A. 40:69A-42, the Mayor shall designate the Business Administrator, any other department head or the Township Clerk to act as Mayor whenever the Mayor shall be prevented by absence from the Township, disability or other cause from attending to the duties of the Mayor's office. During such time, the person so designated by the Mayor shall possess all of the rights, powers and duties of the Mayor. Whenever the Mayor has been unable to attend to the duties of the Mayor's office for a period of 60 consecutive days for any of the above-stated reasons, an Acting Mayor shall be appointed by the Council, who shall succeed to all the rights, powers and duties of the Mayor or the then Acting Mayor.

G. Election; term of office. The Mayor shall be elected by the voters of the Township at a regular municipal election held on the Tuesday after the first Monday in November in the years in which municipal officers are to be elected and shall serve for a term of four (4) years beginning on January 1 next following his or her election.

[Amended 2-23-2015 by Ord. No. 2015-02]

§ 5-4 Township Council.

A. Legislative power. Pursuant to N.J.S.A. 40:69A-36, the legislative power of the Township shall be exercised by the Township Council, except as may be otherwise provided by general law, subject to the procedures set forth in this plan of government. Legislative powers shall be exercised by ordinance, except for the exercise of those powers that under this plan of government or general law do not require action by the Mayor as a condition of approval for the exercise thereof and may, therefore, be exercised by resolution, including, but not limited to:

(1) The override of a veto of the Mayor.

(2) The exercise of advice and consent to the actions of the Mayor.

(3) The conduct of a legislative inquiry or investigation.

(4) The expression of disapproval of the removal by the Mayor of officers or employees.

(5) The removal of any municipal officer for cause.

(6) The adoption of rules for the Council.

(7) The establishment of times and places for Council meetings.

(8) The establishment of the Council as a committee of the whole and the delegation of any number of its members as an ad hoc committee.

(9) The declaration of emergencies respecting the passage of ordinances.

(10) The election, appointment, setting of salaries and removal of officers and employees of the Council, subject to any pertinent civil service requirements and any pertinent contractual obligations and within the general limits of the municipal budget.

(11) The designation of official newspapers.

(12) The approval of contracts presented by the Mayor.

(13) The actions specified as resolutions in the Local Budget Law (N.J.S.A. 40A:4-1 et seq.) and the Local Fiscal Affairs Law (N.J.S.A. 40A:5-1 et seq.).

(14) The expression of Council policies or opinions which require no formal action by the Mayor.

B. General powers and duties. The Council has the general powers and duties to:

(1) Adopt the annual budget of the Township and salary ordinances establishing salaries for all department directors and Township employees and elected officials as required.

(2) At the Council's discretion, separate and apart from the required Township audit, cause to be made an annual audit of the Township's accounts and financial transactions as required by law. Such annual audit, if caused, shall be made by a registered municipal accountant of the State of New Jersey appointed by the Council and shall not be the same auditor as retained by the Township as the Township Auditor.

(3) Pursuant to N.J.S.A. 40:69A-37.1, deal with employees of the Department of Administration and other administrative departments solely through the Mayor or designee. All contact with the employees and all actions and communications concerning the administration of the government and the provision of municipal service shall be through the Mayor or designee, except as otherwise provided by law. Nothing in this section shall be construed to prohibit the Council's inquiry into any act or problem of the administration of the Township. Any Council member may at any time require a report on any aspect of the government of the Township by making a written request to the Mayor.

(4) Pursuant to N.J.S.A. 40:69A-37(b), remove, by at least 2/3 vote of the whole number of the Council, any Township officer other than the Mayor or a member of the Council, for cause, upon notice and an opportunity to be heard, unless otherwise provided by state statutes.

(5) Require any municipal officer, in its discretion, to prepare and submit sworn statements regarding said officer's official duties and the performance thereof and otherwise to investigate the conduct of any department, office or agency of the Township government. The Council may, by a majority vote of the whole number of its members, require the Mayor or designee to appear before Council, sitting as a committee of the whole, and to bring before the Council those records and reports and officials and employees of the Township as the Council may determine necessary to ensure clarification of the matter under study.

(6) At the Council's discretion, by a majority vote of the whole number of its members, designate any number of its members as an ad hoc committee to consult with the Mayor or designee to study any matter and report to the Council President.

(7) Appoint a Township Clerk pursuant to § 5-40 as hereinafter set forth.

(8) Adopt rules and regulations for conduct of business at its annual organization meeting.

(9) Establish, alter or abolish such committees, commissions or agencies of the Township as permitted by law.

(10) At the Council's discretion, separate and apart from Township mandated committees or commissions or agencies, create advisory committees to assist it in its legislative function.

(11) Reserve one business meeting in January for the Mayor to present the State of the Township Address to the Council and to the public.

C. Membership; term of office. The Township Council shall consist of five (5) members, elected at-large by the voters of the Township at a regular municipal election held on the Tuesday after the first Monday in November in the years in which municipal officers are to be elected. The terms of the members of the Council shall be four (4) years, beginning on January 1 next following their election.

[Amended 2-23-2015 by Ord. No. 2015-02]

§ 5-5 Clerk of Council and secretary of committees.

The Township Clerk shall serve as clerk of the Council and as secretary of any special legislative committees of the Council appointed pursuant to the charter.

§ 5-6 Meetings of Council.

A. Presiding officer; temporary presiding officer. The Council President shall be appointed to a one (1) year term, shall preside at all meetings of the Council and shall have a voice and vote in its proceedings. In the absence of the Council President, the Clerk shall call the Council to order and it shall thereupon elect a temporary presiding officer for the time being.

B. Attendance by Clerk; minutes. The Township Clerk shall attend all meetings of the Council and shall keep the minutes of the proceedings of the Council. The minutes of each meeting of the Council shall be signed by the officer presiding at the meeting and by the Clerk and shall be available to the public.

C. Regular meetings.

(1) The Council shall meet annually for organization within seven (7) days of January 1st.

(2) Within seven days following the annual organization of the Council, the Council shall:

(a) Prominently post and maintain posted throughout the year the annual schedule of meetings in at least one public place reserved for such or similar announcements;

(b) Mail, telephone, fax or hand-deliver 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 Sussex County Board of Freeholders; and

(c) 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, mail and submit such revision in the manner described above.

D. Special meetings.

(1) The Council President 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.

(2) The Clerk shall forthwith give notice thereof by telephone or fax to each member of the Council, at such place as each member of the Council shall have previously designated for that purpose, and shall also serve or cause to be served a written copy of the call upon each member of the Council, by delivery of a copy to each member of the Council personally or by leaving a copy at the usual place of abode of each member of the Council. The Police Department shall cooperate with the Clerk in effectuating such service of notice.

(3) 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:

(a) Prominently posted in at least one public place reserved for such or similar announcements;

(b) Mailed, telephoned, faxed or hand-delivered 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; and

(c) Filed with the Township Clerk.

E. Meetings to be public; attendance by personnel. All regular and special meetings of the Council shall be open to the public. The Attorney, 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.

F. Release of Executive Session Minutes from Regular and Special Council Meetings.

(1) The Township Clerk or her designee shall attend all executive session meetings of the Vernon Township Council and shall prepare a confidential set of draft minutes of each executive session meeting for approval by the Township Council at the next regularly scheduled Council meeting unless exigent circumstances delay the preparation of such minutes, in which case the minutes shall be presented at the next regularly scheduled Council meeting following the delay.

(2) The Council shall consider for approval the draft executive session minutes and the proposed redactions, and shall vote on the approval of the minutes. The Council may discuss the approval of the draft minutes in executive session if there are issues concerning the draft minutes which require confidential discussion. Upon approval for public release, the executive session minutes shall be available to the public on the following business day.

(3) The Township Clerk will maintain a privilege log describing the general topic discussed, the date on which the topic was discussed. The log will be appended to each set of draft executive session minutes presented to the Township Council. The list shall be reviewed by the Township Council as part of the current minute approval process to ascertain if the legitimate reason for confidentiality continues to exist.

(4) The Township Attorney shall be responsible for determining when executive session minutes should be redacted for release to the public. If the Township Attorney determines that the legitimate reason for confidentiality no longer exists with regard to a particular executive session discussion, the Township Clerk shall make the minutes available to the public in unredacted form on the following business day.

G. Compliance with Daniel's Law. The Vernon Township Council hereby authorizes and approves the review and legally required redaction of all meeting minutes on the Township website to comply with the requirements of Daniel's Law, as amended ( P.L. 2021. c. 371).

[Added 4-10-2023 by Ord. No. 23-11]

§ 5-7 Rules of order and procedure governing Council meetings.

A. Quorum. A majority of all the members elected to the Council shall constitute a quorum at any regular or special meeting of the Council. If no member of the Council is present one-half hour after the appointed time for any meeting, the Clerk may adjourn the meeting.

B. Preparation of agenda. The agenda for each regular and special meeting of Council shall be prepared by the Township Clerk or its designee and approved by the Council President. The agenda for each regular meeting of the Council shall include only such matters of Council business as have been presented or delivered to the Clerk by the Mayor, Business Administrator or Councilpersons not later than 12:00 noon on the Tuesday preceding the meeting. Emergent matters may be added if necessary and approved by the Council President. As soon as the agenda for each meeting has been prepared, a copy shall be delivered to each member of Council and each department head. Upon approval, copies shall also be distributed to the press and to interested citizens upon request.

[Amended 10-17-2019 by Ord. No. 19-21; 8-22-2022 by Ord. No. 22-15]

C. Order of business. The order of business of the Township Council meetings shall be set annually by resolution of the Township Council.

D. Conduct of meetings.

(1) Meeting of the Council shall be conducted in accordance with the statutes and common law of the State of New Jersey. In the event an existing law does not address a procedural issue, such item shall be resolved in accordance with Robert's Rules of Order, current edition.

(2) Council members shall be allowed to attend meetings via telephone or video conferencing platforms such as Zoom. Council members shall only be allowed to attend two meetings via telephone or video conferencing during any calendar year. No more than two council members can attend the same meeting via telephone or video conferencing. If a council member attends a meeting via telephone or video conferencing, the council member must be present by the telephone or visible for the entire meeting. There shall be a speakerphone or video monitor present at council meetings to ensure that members of the public attending the meeting can hear and see any member(s) attending a meeting via telephone or video conferencing.

[Added 10-17-2019 by Ord. No. 19-21[1]; amended 8-22-2022 by Ord. No. 22-15]

[1] Editor's Note: This ordinance also redesignated former Subsection D(2) through (7) as Subsection D(3) through (8).

(3) Reading of the minutes. The minutes of the previous meeting of the Council may be approved without reading if the Clerk has previously furnished each member of the Council with a copy thereof, but upon request of any member of the Council, the minutes or any part thereof shall be read prior to approval.

(4) Presiding officer may debate, vote, etc. The Council President or such other member of the Council as may be presiding may move, second and debate from the chair, and may vote on any question, subject only to such limitations of debate as are by these rules imposed on all members, and the presiding officer shall not be deprived of any of the rights and privileges of a member of the Council by reason of the member acting as the presiding officer.

(5) Privilege of closing debate. The member of the Council moving the adoption of an ordinance or resolution shall have the privilege of closing the debate.

(6) Motion to reconsider. A motion to reconsider any action taken by the Council may be made only at the meeting at which such action was taken. It may be made either immediately during the same session, or at a recessed or adjourned session of such meeting. Such motion may be made only by one of the prevailing side, but may be seconded by any member, and may be made at any time and have precedence over all other motions and it shall be debatable. Nothing herein shall be construed to prevent any member of the Council from making or remaking at a subsequent meeting of the Council any motion previously made or considered.

(7) Remarks of member of Council; when entered in minutes. A member of the Council may request, through the presiding officer, the privilege of having an abstract of the member's statement on any subject before the Council not exceeding 100 words entered in the minutes. If the Council consents, such abstract shall be entered in the minutes.

(8) Synopsis of debate; when entered in minutes. The Clerk may be directed by the presiding officer, with consent of the Council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the Council.

E. Addressing the Council.

(1) At every meeting of the Governing Body, a portion of the meeting shall be dedicated to public comment as required by N.J.S.A. 10:4-6, et. seq., generally, and more specifically N.J.S.A. 10:4-12.

(2) Any person desiring to address the Council shall first seek to be recognized by the Council President or presiding officer and state their name and address for the record. There will be a limited period of public comment at the beginning of every meeting where speakers will be limited to three minutes. During the first period for public comment each speaker may speak only on items on the current agenda. The total time for public speaking at the beginning of the meeting is limited to 1/2 hour (30 minutes) to provide the governing body sufficient time to complete its work.

[Amended 10-17-2019 by Ord. No. 19-21]

(3) There will be a second period of public comment at the end of each Council meeting. Speakers will be limited to five minutes where the public may speak on any topic.

[Added 10-17-2019 by Ord. No. 19-21[2]; amended 8-22-2022 by Ord. No. 22-15]

[2] Editor's Note: This ordinance also redesignated former Subsection E(3) as Subsection E(4).

(4) Presentations. When approved by the Council for a presentation, taxpayers or residents of the Township or their authorized legal representatives or parties with legitimate interest may address the Council and public.

F. Additional rules of conduct.

[Added 10-17-2019 by Ord. No. 19-21[3]]

(1) No one will approach the microphone for public comment unless invited by the Township Clerk, Council President, or presiding officer as part of a public hearing or during one of the public comment periods.

(2) No profanity or obscenity is to be used or will be allowed. Anyone using profanity will be warned to not use profanity or obscenities. If after receiving a warning, a person continues to use profanity or obscenities, the person will be asked to step away from the microphone and be seated.

(3) No audible comments from the audience will be permitted.

(4) No person shall cause a disturbance or disrupt the meeting through the use of loud or abusive language. If a person fails to cease with disruptive behavior after being warned, the person will be ejected from the chambers and may not return during the rest of the meeting in progress.

(5) All cell phones and beepers must be placed in silent mode.

[3] Editor's Note: This ordinance also redesignated former Subsection F as Subsection G.

G. Enforcement of decorum. The Chief of Police, or such member or members of the Police Department as the Chief may designate, shall be sergeant at arms of the Council meetings and shall be in attendance at Council meetings when requested by the Mayor and/or Council President. The sergeant at arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the meeting.

§ 5-8 Procedure governing ordinances and resolutions.

A. Preparation and adoption.

(1) Copies of each ordinance and resolution, in typewritten form, shall be made available by the Clerk to each member of the Council at least 48 hours prior to introduction, provided that the failure of the Clerk to make such mailing shall not invalidate any action taken by the Council.

(2) Except as may otherwise be provided in the Charter, all ordinances shall be adopted and published, and shall take effect, in the manner required or provided by general law.

B. Review by Mayor of proposed administrative ordinance or resolution. Any ordinance or resolution which affects the administration of any department of the Township government shall be submitted to the Mayor prior to its introduction, for the Mayor's review and comment.

C. Resolutions. Resolutions, unless laid over by a majority vote of the Council, shall be acted upon at the same meeting at which they are introduced.

D. Voting.

(1) The vote of the Council upon every ordinance and resolution shall be taken by the Clerk by roll call, and the Clerk shall record in the minutes the yes and no votes and abstentions, as the case may be, for each question put to vote.

(2) The effect of an abstention is as follows:

(a) Where a statute or the common law requires a specific, fixed number of actual affirmative votes for a majority, an abstention is considered a negative vote.

(b) Where a Council person is disqualified due to conflict of interest or a personal involvement with the subject to be considered, the abstention is not counted as either a yes or no vote, and the person is not counted for purposes of establishing the quorum for the vote.

(c) Except as provided for in Subsections D(2)(a) and (b), an abstention or failure to vote shall be counted as an affirmative vote.

§ 5-9 Restrictions on employment.

[Added 1-25-2016 by Ord. No. 2016-01]

The Township of Vernon and agencies created by it or under its control shall not employ, for compensation, any former elected or appointed mayor or member of the Township's governing body, for a period of one year following the end of the office whether by expiration of the term, resignation, removal, or otherwise.

§ 5-10 through § 5-11. (Reserved)