[Ord. No. 3158, 7-26-1988, § 2-2.1]
There shall be a Council elected in accordance with N.J.S.A.
40:69A-81 et seq., which shall be comprised of seven members, elected
at large, one of whom shall be elected by the Council as Mayor, as
provided by law.
[Ord. No. 3158, 7-26-1988, § 2-2.2; at time
of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(a)
Pursuant to N.J.S.A. 40:69A-83.3, the Council members elected at
the first regular municipal election following the adoption of the
Council-Manager Plan (who shall take office on July 1, 1988, pursuant
to law) shall serve for the following terms: Three shall serve for
four years and four for two years. The length of the respective term
of each member of the first Council (taking office on July 1, 1988)
shall be determined by lot at the organization of the Council on July
1, 1988. Thereafter, the term of office of each Council member elected
at a regular municipal election shall be for a term of four years,
pursuant to N.J.S.A. 40:69A-83.
(b)
The term of any person in office on November 2, 2021, the date of
the adoption of an ordinance by initiative to hold regular municipal
elections on the day of the general election, the Tuesday after the
first Monday in November, shall be extended until 12:00 noon on January
1, 2023. Thereafter, the term of each Council member elected at the
next preceding general election in November shall commence on January
1 at 12:00 noon next following the general election.
(c)
Commencing
with the general election to be held on November 8, 2022, nonpartisan
elections for Council shall be held at the general election in November
pursuant to the Uniform Nonpartisan Elections Law (N.J.S.A. 40:45-5
et seq.).
(d)
Vacancies
in office shall be determined pursuant to N.J.S.A. 40A:16-1 et seq.,
known as the "Municipal Vacancy Law."
[Ord. No. 3158, 7-26-1988, § 2-2.3]
Pursuant to N.J.S.A. 40:69A-82, the Township shall be governed
by an elected Council and an appointed Manager and such other officers
and employees as may be duly appointed pursuant to law and pursuant
to N.J.S.A. 40:69A-88, all powers of the Township and the determination
of all matters of policy shall be vested in the Council, except as
otherwise provided by the Optional Municipal Charter Law (N.J.S.A.
40:69A-1 to 69A-210) or by general law (as defined in N.J.S.A. 40:69A-28).
Pursuant to N.J.S.A. 40:69A-90, the Council shall continue or create
and determine and define the powers and duties of such executive and
administrative departments, boards and offices as it may deem necessary
for the proper and efficient conduct of the affairs of the Township.
[Ord. No. 3158, 7-26-1988, § 2-2.4]
The Council is responsible for the fiscal and financial policies
of the Township and shall have the duty to raise the revenues required
by the Township and to adopt an annual budget, which will include
all appropriations required by state law.
[Ord. No. 3158, 7-26-1988, § 2-2.5]
(a)
Within the framework of the policies established by the Council are
the delegated duties of the Manager, his department heads and other
appropriate officials and employees of the Township. The Council shall
require the Manager to establish the organizational structure, duties,
plans and responsibilities of those department heads and their major
subordinates, reporting to the Manager within the framework of the
general administrative policy set forth herein and to submit such
written plans, organization and operational delineation of duties
to the Council for concurrence and approval, within 30 days of the
adoption of the Charter; thereafter, revisions and modifications shall
be reviewed and submitted to the Council semiannually and at such
other times as significant changes are necessary or as the Council
may require. Included among the foregoing reports by the Manager to
the Council shall be the following:
(1)
A current personnel procedures manual.
(2)
A current purchasing procedures manual.
(3)
A current risk management procedures report.
(4)
All current labor contracts of the Township.
(5)
A current space allocation report, containing the number of square
feet used by all departments and offices and a projection of future
needs.
(6)
The Manager's written opinion of each department and office of the
Township, including, without limitation, whether or not each is operating
at peak efficiency, is properly budgeted, is properly staffed and
whether any new capital items or personnel transfers are requested
for the next budget year.
(7)
An inventory program for all Township property.
(b)
The Council shall establish such other and further procedures and
goals for the Manager as it from time to time deems necessary.
[Ord. No. 3158, 7-26-1988, § 2-2.6; amended
by Ord. No. 3399, 8-9-1994, § 1; at time of adoption of
Code (see Ch. 1, General Provisions, Art. II)]
The Council shall appoint, within the framework of appropriate ordinances and resolutions adopted by the Council and within the authority of all general laws and statutes of the State of New Jersey, including, without limitation, N.J.S.A. 40:69A-89, 40:69A-95, 40A:9-146 and 2B:12-4, the following personnel: Tax Assessor, Auditor, Attorney, all legal assistants specified in § 2-35 of this Township Code, Manager, Clerk, Judge of the Municipal Court, Class III and IV members of the Planning Board and two alternates, all members of the Zoning Board of Adjustment and two alternates, and such other officers, offices and boards as are permitted or required by law and/or as the Council may deem necessary for the proper and efficient conduct of the affairs of the Township.
[Ord. No. 3158, 7-26-1988, § 2-2.7; amended
by Ord. No. 19-2016, 5-31-2016]
The Mayor shall preside at all meetings of the Council and shall
have a voice and a vote in its proceedings but shall not have the
power of veto. The Mayor shall appoint the members of and fill vacancies
in the Library Board and shall appoint the Class II member of the
Planning Board and shall sit as the Class I member of the Planning
Board. All bonds, notes, contracts and written obligations of the
Township shall be executed on its behalf by the Mayor or, in the event
of the absence or disability of the Mayor, by the Deputy Mayor I or,
in the event of the absence or disability of both the Mayor and Deputy
Mayor I, by the Deputy Mayor II. The term of the Mayor, Deputy Mayor
I and Deputy Mayor II shall be for two years and shall expire upon
the election of a successor at the next organizational meeting of
the Council. If a vacancy occurs in the office of Mayor, by reason
of death, resignation or otherwise, the Deputy Mayor I or, in the
absence of the Deputy Mayor I, then the Deputy Mayor II shall become
the acting Mayor, with all the powers and duties of the Mayor, until
a successor Mayor is elected and qualified at the next reorganizational
meeting.
[Ord. No. 3158, 7-26-1988, § 2-2.8; amended
by Ord. No. 19-2016, 5-31-2016; at time of adoption of Code (see Ch.
1, General Provisions, Art. II)]
Except as otherwise provided by law, commencing January 1, 2023,
the Council shall, on January 1 next following the general election,
at 12:00 noon, or at some other hour on any day during the first week
in January as fixed by resolution of the Council, assemble at the
usual place of meeting of the Council, to organize itself and elect
one of its number as Mayor, another as Deputy Mayor I, another as
Deputy Mayor II and make such other appointments, perform such other
functions and carry on such other business as is appropriate.
[Ord. No. 3158, 7-26-1988, § 2-2.9; amended by Ord. No. 3162, 8-9-1988, § 2; Ord. No. 3361, 6-22-1993, § 1; Ord. No. 3488, 12-3-1996, §§ 1,
2; Ord. No. 3692, 10-30-2001, §§ 1, 2; Ord.
No. 3702, 2-5-2002, § 1; Ord.
No. 3735, 11-12-2002, § 1; Ord.
No. 3848, 1-4-2005, § 1; Ord.
No. 4139, 8-18-2009, § 1]
(a)
Regular meetings. The Council shall hold regular meetings as set
forth on the annual schedule of meetings or as determined by the Council
by periodic resolution, beginning at 7:00 p.m. unless a different
starting time is designated in the notice of meeting. The Council
may by resolution dispense with one or more meetings otherwise scheduled.
The Clerk shall post a copy of the agenda, copies of the full text
of all ordinances (within 24 hours of the Council's affirmative vote
to introduce an ordinance by title only) and copies of resolutions
on the bulletin board, in the Municipal Building and shall provide
sufficient copies of the same (when required) to the members of the
public attending Council meetings or who request the same by mail.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(b)
Organizational meetings. Commencing January 1, 2023, on January 1
next following the general election, at 12:00 noon, or at some other
hour on any day during the first week in January as fixed by resolution
of the Council, the Council shall hold an organizational meeting,
at which time the Clerk shall preside over the meeting until a Mayor
is elected. Following the election of a Mayor, who shall then preside
over the meeting, a Deputy Mayor I shall be elected who shall preside
in the absence of the Mayor. Following the election of Deputy Mayor
I, a Deputy Mayor II shall be elected, who shall preside in the absence
of both the Mayor and Deputy Mayor I.
[Amended by Ord. No. 19-2016, 5-31-2016; at time of adoption of Code (see Ch.
1, General Provisions, Art. II)]
(c)
Special meetings. Special meetings may be called at any time by the
Mayor or upon written request of a majority of the full membership
of the Council. The business of a special meeting shall be specified
in the call for such meeting and no other business may be considered.
The call for such special meeting shall be delivered to the Clerk,
who shall forthwith deliver written notices of said special meeting
to each member of the Council at his or her residence or at such place
as shall have been previously designated by the Council for that purpose.
All special meetings shall comply with the Open Public Meetings Act[1] and may not be called on less than 48 hours' advance notice
to the designated newspapers to receive notice under the Open Public
Meetings Act and to the members of the Council, as set forth above,
unless the Council declares that an emergency exists affecting the
health, safety and welfare of the people, requiring a meeting in a
shorter time and in compliance with the emergency provisions of the
Open Public Meetings Act. In such event, the Clerk, on the filing
of a call for an emergency special meeting, shall forthwith notify
the members of the Council by telephone, telegraph or such other means
at the Clerk's disposal and in accordance with the Open Public Meetings
Act. The Police Department shall cooperate with the Clerk in effecting
the service of such notice. A special meeting may be held without
prior notice, upon a written waiver of notice, executed by a quorum
of all of the members of the Council and filed with the Clerk, provided
such meeting complies with the Open Public Meetings Act.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
(d)
Continued meetings. A continued meeting shall be a continuation of
the last preceding meeting, business being resumed where it was left
at the time of adjournment. A continued meeting shall complete the
business of the last preceding meeting and shall not initiate new
business.
(e)
Township officers or employees shall attend the regular or special
meetings if required by the Manager.
(f)
Meeting agendas. Any member of the Council may add items to a regular
meeting agenda, provided that said addition is given to the Clerk
no later than Thursday 12:00 noon with respect to the meeting on the
following Tuesday.
(g)
Closed session meetings. The Council may hold a closed session meeting
in accordance with N.J.S.A. 10:4-6 et seq. (the Open Public Meetings
Act) at any meeting as set forth on the annual schedule of meetings
or as may otherwise be determined by the Council following the adoption
of a resolution during the open portion of the meeting to enter into
closed session in accordance with the provisions of the Open Public
Meetings Act.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[Ord. No. 3158, 7-26-1988, § 2-2.10; amended by Ord. No. 3361, 6-22-1993, § 1; Ord. No. 3736, 11-12-2002, § 1; Ord. No. 3849, 1-4-2005, § 1; Ord. No. 4139, 8-18-2009, § 1; Ord. No. 15-2015, 3-24-2015]
(a)
The business of the Council at regular meetings and, as applicable,
at special meetings shall be taken up for consideration and disposed
of in the following order, unless such order is changed by a majority
vote of a quorum present of the Council:
(2)
Roll call of Council members in attendance.
(3)
Motion to go into closed session.
(4)
Closed session discussion.
(5)
Motion to return to open session.
(6)
Pledge of allegiance.
(7)
Mayor's announcement of Open Public Meetings Act statement.
(8)
Roll call of Council members in attendance.
(9)
Proclamations and presentations (if any).
(12)
Adjournment.
(b)
Notwithstanding the foregoing, the Council may modify the order of
business to accommodate the public or to deal with a matter of priority.
(c)
The public shall be allowed to comment for a period not to exceed
three minutes per person on such matters for which the law requires
a hearing to be conducted. Under the portion of the meeting open to
the public for good and welfare or public input on any matters on
the agenda, the public shall be allowed to comment for a period not
to exceed three minutes per person on any matter in the nature of
good and welfare, whether or not on the agenda, and on any matters
on the agenda for a total period not to exceed one hour if needed
to entertain public comments as permitted by this section. At the
conclusion of the public comment portion of good and welfare, each
Council member may respond for a time period not to exceed three minutes,
and thereafter the agenda shall be resumed. During any time the public
is allowed to speak, including good and welfare, the Mayor, as presiding
officer, shall have discretion to cut off any repetitive, irrelevant
or excessive public comment in the interests of allowing members of
the public time to speak and completing the public business within
a reasonable period of time.
(d)
The close of a meeting shall be 11:00 p.m. in order to permit decisions
to be made at a time that is conducive to thoughtful and alert participation
by both the public and the Council, unless the Council votes to extend
the time for such meeting.
(e)
Official action may be taken at both the formal session and the work
session portion of any regular or special meeting.
[Ord. No. 3158, 7-26-1988, § 2-2.11; amended by Ord. No. 4139, 8-18-2009, § 1]
The minutes of previous meetings of the Council may be approved
without reading if the Clerk has previously furnished each member
of the Council with a copy thereof three working days preceding the
meeting at which the minutes are to be approved; however, any member
of the Council may cause the minutes or any part thereof to be read
prior to approval.
[Ord. No. 3158, 7-26-1988, § 2-2.12; amended by Ord. No. 4139, 8-18-2009, § 1]
A majority of the members elected to the Council shall constitute
a quorum at a regular or special meeting. In the event that no quorum
is present within 30 minutes following the appointed time for a meeting,
the Clerk shall declare the meeting adjourned.
[Ord. No. 4139, 8-18-2009, § 1]
Except where a greater vote is otherwise required by law, the
adoption of an ordinance shall require the affirmative vote of a majority
of all the members of the Council, and all other matters may be passed
by the affirmative vote of a majority of a quorum of the Council present.
[1]
Editor's Note: Former § 2-19, Rules of order, was
repealed 1-4-2005 by Ord. No. 3850.
[Ord. No. 3158, 7-26-1988, § 2-2.14; amended by Ord. No. 3851, 1-4-2005, § 1; Ord. No. 4139, 8-18-2009, § 1]
The rules of procedure attached hereto as Appendix I are incorporated
herein by reference as if fully set forth and are intended as the
rules for the conduct of all meetings of the Council.[1]
[1]
Editor's Note: Appendix I is included as an attachment to this chapter.
[Ord. No. 3158, 7-26-1988, § 2-2.15; amended by Ord. No. 4139, 8-18-2009, § 1]
The Council may suspend the rules of procedure or the order
of business at any meeting for an emergent or special purpose.
[Ord. No. 3158, 7-26-1988, § 2-2.16; amended by Ord. No. 4139, 8-18-2009, § 1]
All meetings of the Council shall be held in accordance with
the provisions of the Open Public Meetings Act, N.J.S.A. 10:4-6 et
seq., as now or hereafter amended.
