A.
The
Council shall organize annually on January 1 of each year at 12:00
noon or at such other time as the Council may determine by formal
resolution adopted at a public meeting not less than 30 days in advance
of the proposed reorganization date, which resolution shall be adopted
by majority vote; provided, however, that reorganization of Council
shall not occur later than the seventh day of January of each year.
The Council shall elect from its membership a presiding officer who
shall be known as the President of the Council. The President of the
Council shall hold office until the next ensuing organizational meeting.
B.
The
President shall preside over all regular and special meetings of the
Council. The President shall conduct the meetings of the Council in
accordance with the provisions of this article and shall maintain
order and decorum at all such meetings. The President shall appoint
all committees of the Council. The President shall be entitled to
vote on all questions, his/her name being called last in any roll
call. The President shall sign all ordinances and resolutions adopted
by the Council during his/her presence.
C.
At
the annual organizational meeting, the Council may elect a Vice President
of the Council who shall hold office until the ensuing organizational
meeting. The Vice President of the Council shall have all of the functions,
powers and duties of the President of the Council whenever the President
of the Council may be absent.
D.
In
the event of the absence or disability of the President or Vice President
at the time of any meeting, the Township Clerk shall promptly call
the meeting to order and shall preside while the Council selects a
President Pro Tempore. A President Pro Tempore shall have all of the
functions, powers and duties of the President until the President
or Vice President appears and assumes the chair or until his/her disability
ceases, with respect to the meeting at which such temporary presiding
officer is chosen. In the event of a vacancy in the Office of President
or Vice President of the Council due to death, resignation, disqualification
or other cause, such vacancy shall be filled by the Council at its
next ensuing regular meeting.
There shall be no standing committees of the Council. Special
committees and the chairperson thereof may be appointed by the presiding
officer at a regular or special meeting of the Council. A quorum of
a special committee shall consist of a majority of the members thereof.
Meetings of special committees shall be held at such times as do not
conflict with regular or special meetings of the Council. Each committee
shall make a written report and file it with the Township Clerk, together
with all petitions, resolutions or other papers submitted to the committee
for consideration, including all papers and documents, reports, correspondence
and data gathered by the committee and considered by it in preparation
for its report.
[Amended 2-18-2005 by Ord. No. 05-01]
A.
Notices and agendas. Public notice of meetings and agendas of such
meetings shall be provided in accordance with N.J.S.A. 10:4-6 et seq.
B.
Pre-meeting conferences.
(1)
Preceding each regular meeting, the Council shall confer at 7:30
p.m. on the first Monday of each month, or at such other time or times
as may be determined by resolution, to agree upon the agenda for such
regular meeting and to prepare to take up the matters thereon.
(2)
Any proposed ordinance or resolution which has not been presented
to the Council at a pre-meeting conference and which is not thereafter
presented to the Council for consideration at least 48 hours prior
to a regular meeting of the Council shall not be introduced at the
regular meeting of the Council, except upon the consent of five of
the members present at the regular meeting. All other proposed ordinances
or resolutions not presented at the pre-meeting conference shall only
require the consent of four members present for consideration at the
regular meeting.
C.
Regular meetings. Regular meetings of the Council shall be held on
the third Monday of each month at 7:30 p.m.; provided, however, that
when the day fixed for any regular meeting of the Council falls upon
a day designated by law as a legal or national holiday other than
the first day of January, such meeting shall be held at the same hour
on the next succeeding day which is not a holiday.
D.
Changes in meeting times. The Council may, upon majority vote at
least 30 days in advance of a scheduled pre-meeting conference or
regular meeting, cancel any pre-meeting conference or reschedule any
pre-meeting conference or regular meeting. In that event, the Council
President shall direct the Township Clerk, in writing, to serve notice
of such canceled or rescheduled meeting date upon each member of the
Council and upon the public as provided in N.J.S.A. 10:4-6 et seq.
E.
Special meetings.
(1)
A special meeting of the Council may be called by the President of
the Council or upon request, in writing, signed by a majority of the
members of the Council, specifying the purpose for which such meeting
is to be called. The President of the Council shall promptly direct
the Township Clerk, in writing, to serve notice of such special meeting
upon each member of the Council and upon the public as provided in
N.J.S.A. 10:4-6 et seq. Such special meetings shall be called upon
at least forty-eight-hour prior notice to the members.
(2)
A special meeting may also be called whenever an extraordinary emergency
exists requiring immediate action by the Council upon the written
request of the Mayor or a majority of the members of the Council served
upon the Township Clerk, specifying the purpose for which such meeting
is to be called pursuant to N.J.S.A. 10:4-9. Three-quarters of the
members of the Council present at such special meeting must agree
to entertain deliberations on any such emergent matters in accordance
with N.J.S.A. 10:4-9 before the Council may vote on the matter.
(3)
No business shall be transacted at such special meeting other than
that stated in such notice.
F.
Place of public meetings. All meetings of the Council, regular and
special, shall be held in the Council Chamber of the Municipal Building
in the Township, except in the case of the destruction thereof or
other emergency proclaimed by the Mayor, or as otherwise directed
by the Council for the public convenience.
G.
Open meetings; when public may be excluded.
A.
Rules of order. Except as may be otherwise provided in the Charter
or by ordinance, all questions of order, methods of organization and
the conduct of business of the Council shall be governed by Robert's
Rules of Order Revised, with particular reference to the following
rules:
(1)
Rule 1. The President, or such other member of the Council as may
be presiding, may move, second and debate from the chair, subject
only to such limitations of debate as are by these rules imposed upon
all members and shall not be deprived of any of the rights and privileges
of a member of Council by reason of his/her being the presiding Chairperson.
(2)
Rule 2. The vote upon every motion, resolution or ordinance shall
be taken by roll call in alphabetical order, except that the President
shall be called last, and the vote of each member shall be entered
upon the minutes. Upon any roll call, there shall be no discussion
or explanation given by any member voting, and the vote shall be taken
as "aye" or "nay." A member of the Council may abstain from voting
on any matter. Except as otherwise required by the Charter, by ordinance
or by general law, the determination of any question may be by vote
of a majority of those voting on the question.
(3)
Rule 3. In the proper order of business, any person, other than a
member of Council, desiring to address the Council shall first secure
the permission of the presiding officer at the meeting; but preference
shall be given to those persons who shall have notified the Township
Clerk in advance of the meeting and in time for their names to be
included on the calendar of the Council of their desire to speak.
No such person shall be permitted under any circumstances to address
the Council while a motion is pending, nor to direct any remarks to
any individual members of the Council, nor to enter into any discussions
with any member of the Council during any meeting. Each person addressing
the Council shall first give his/her name and address to the Clerk
and shall speak from such location in the Council Chamber as shall
be designated by the presiding officer. All remarks shall be addressed
to the Council as a body and not to any member thereof and, unless
further time is granted by the Council, shall not exceed five minutes
in duration.
[Amended 1-17-2023 by Ord. No. 23-01]
(4)
Rule 4. Any person who shall persist in addressing the Council in
violation of these rules after having been called to order or who
shall engage in impertinent or slanderous remarks or boisterous conduct
while attending a Council meeting shall be forthwith barred from the
Council Chamber by the presiding officer.
(5)
Rule 5. The Chief of Police, or such member or members of the Police
Department as he/she may designate, shall be the Sergeant at Arms
of the Council at its meetings. 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 Council meetings.
B.
Quorum.
(1)
A majority of the whole number of members of the Council shall constitute
a quorum, but no ordinance shall be adopted by the Council without
the affirmative vote of a majority of all the members of the Council.
(2)
If a quorum is not present within 30 minutes after the hour appointed
for the meeting of the Council, the President, or, in his/her absence,
the Township Clerk or his/her designee, may thereupon adjourn the
meeting to another time, unless those members present by unanimous
agreement select another hour or day, but in compliance with N.J.S.A.
10:4-6 et seq. The names of the members present and their action at
such meeting shall be recorded in the minutes by the Township Clerk.
C.
Order of business; approval and transmittal of minutes.
(1)
Promptly at the hour set for each meeting, the members of the Council
and the Township Clerk shall take their regular places in the Council
Chamber, and, except as may be otherwise provided by resolution of
the Council, the business of the Council shall be taken up for consideration
and disposition in the following order:
(2)
Unless a reading of the minutes of the previous meeting is requested
by three members of Council immediately following the roll call, such
minutes, when signed by the President and the Township Clerk, shall
be considered approved without reading, provided that any member of
the Council may move to correct an error in the minutes of the previous
meeting.
(3)
The Township Clerk shall, at least two full working days preceding
each meeting, transmit a copy of the minutes of the previous meeting
to each member of the Council, the Mayor and the Township Attorney.
D.
Nominations.
(1)
Upon the receipt from the Mayor of his/her nominations to any office
or position, the same shall be read, under "communications," by the
Township Clerk or his/her designee and shall be considered by the
Council immediately upon reading.
(2)
When the nomination is taken up for action, the President shall put
the question on each nomination as follows: "Will the Council confirm
the nomination?" On that motion, a vote shall be ordered, and if four
or more members vote to confirm, the President shall announce: "The
nomination is confirmed." If less than four members vote to confirm,
the President shall announce: "The nomination is rejected."
(3)
Action by confirmation or rejection, upon a nomination made by the
Mayor, shall not be postponed or delayed longer than for one regular
meeting.
(4)
Within two days after confirmation or rejection of a nomination,
the Township Clerk shall, in writing, notify the Mayor of that fact.
A.
Preparation, introduction and adoption.
(1)
The Township Attorney or his/her authorized representative shall
be available to the Council at all its regular and special meetings.
The Attorney shall be responsible for the preparation and drafting
of all ordinances and resolutions for any member of the Council when
and as requested.
(2)
A copy of each proposed ordinance shall, upon its introduction, be
furnished forthwith to each member of the Council by the Township
Clerk. Except as otherwise required by law, ordinances may be introduced
and adopted by title. Every ordinance, after introduction and adoption
on first reading, shall be published in full, together with a notice
as required by law, and such publication shall be at least 10 days
prior to the time fixed for further consideration upon second reading
and final passage. At the time and place so specified in such notice,
all persons interested shall be given an opportunity to be heard thereon.
(3)
Any Council member, subject to the provisions of § 3-11B(2), may introduce an ordinance or resolution, in writing, at any time, according to the established order of business, but each proposed ordinance shall, prior to its introduction, have been reviewed as to form and legality by the Township Attorney. Ordinances and resolutions which would affect the functions, powers or duties of an existing Township department or agency shall be first referred to the head of the department or agency concerned for examination, report and recommendation prior to introduction.
(4)
A Council member who introduces an ordinance or resolution shall
affix his/her signature thereto in a space to be provided on forms
furnished by the Township Clerk. Whenever the Mayor shall present
any ordinance, resolution or other matter to the Council, any Council
member may assume sponsorship thereof by moving that such ordinance,
resolution or other proposed action be considered in accordance with
law.
B.
Affirmative vote required for passage; effective date thereof. Ordinances
other than bond ordinances shall require at least four affirmative
votes for adoption. Bond ordinances shall require at least five affirmative
votes for adoption. Unless otherwise required by the Charter or by
this article, resolutions shall require the affirmative vote of a
majority of those voting thereon; provided, however, that resolutions
creating emergency appropriations and budgetary transfers, and resolutions
declaring an emergency to allow an ordinance to take effect within
a shorter time than 20 days after passage, shall require at least
five affirmative votes for adoption. All ordinances, except budget
ordinances, shall take effect 20 days after final passage and approval
by the Mayor, unless the Council shall, by a duly adopted resolution
of emergency, provide for an effective date within a lesser period
of time.
C.
Mayor's veto; reconsideration by Council; overriding Mayor's veto.
Whenever an ordinance has been duly vetoed by the Mayor and returned
to the Council in accordance with the Charter or general law, the
Council shall, at its next regular meeting, occurring not less than
the third day following the return of the ordinance by the Mayor,
take up for reconsideration the ordinance or any item or part thereof
from which the Mayor has withheld his/her approval. If, upon such
reconsideration, the Council, by the affirmative vote of at least
five members, shall vote to override the Mayor's veto, the ordinance,
or any item or part thereof on which the Council has so voted, shall
take effect notwithstanding the objections of the Mayor thereto.
D.
Certification of passage over Mayor's veto. Whenever an ordinance
has been vetoed by the Mayor and is passed by the Council over such
veto in the manner provided by law, the Township Clerk shall append
to such ordinance a certification in substantially the following form:
I hereby certify the above ordinance adopted by the Council
of the Township of Clark on the day of ______ was vetoed by the Mayor
of the Township and passed over the veto on the ______ day of _______________
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Dated:
Township Clerk
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