The legislative power of the municipality shall be exercised
by the Municipal Council, except as may be otherwise provided by general
law (N.J.S.A. 40:69A-36).
[Amended 1-15-2003 by Ord. No. 68-2002]
Members of the Council, elected as provided by this chapter,
for terms beginning January of the year elected, shall be paid an
annual salary as provided in the Salary Ordinance and in the same
manner as all other officers and employees.
[Amended 11-6-1991 by Ord. No. 87-1991]
Vacancies on the Council shall be filled in the manner prescribed
by the Municipal Vacancy Law (N.J.S.A. 40A:16-1 et seq.). However,
within two business days of the occurrence of a vacancy to which the
Municipal Vacancy Law applies, the City Clerk shall post a notice
in prominent public places and forward said notice to the City's official
newspaper, for publication as soon as possible. The notice shall be
directed to all City residents, in the event of an at-large vacancy,
and to all residents of the affected ward, in the event of a ward
vacancy. The notice shall set forth the existence of an at-large or
ward vacancy, as the case may be, and that the name, address and telephone
number of any qualified resident who is interested in being nominated
to fill such vacancy should be forwarded to any remaining member of
the Council, in writing. No later than 10 days prior to the date on
which the Council will vote to fill the vacancy, each remaining member
of the Council shall submit to the City Clerk the name and address
of any candidate he or she wishes to nominate. At least seven days
prior to the date set for the vote to fill the vacancy, the City Clerk,
with notice to those who have been nominated, shall arrange a lottery
to be held in the City Clerk's office, at which the nominees shall
draw lots to determine the sequence in which the resolutions to appoint
the nominees will appear upon the Council agenda on the date of the
vote. The meeting of the Council at which it will vote to fill such
vacancy, pursuant to N.J.S.A. 40A:16-1 et seq., shall take place no
sooner than 20 days after the occurrence of a vacancy and no later
than 30 days after the occurrence of any such vacancy. If, by reason
of the parameters set forth herein, the vote cannot be scheduled at
a regularly scheduled meeting of the Council, at its first meeting
following the occurrence of a vacancy, the Council shall set a special
meeting at which the only order of business shall be the vote to fill
such vacancy or vacancies.
[Amended 1-15-2003 by Ord. No. 67-2002; 9-20-2006 by Ord. No.
73-2006]
The Council shall meet during the first week in January of each
year to elect a President and a Vice President for one year and to
conduct such other business as may come before it.
Members-elect of the Council shall be notified of all Council
meetings to be held between election day and the date of organization
the same as incumbents. They shall be entitled to attend all such
meetings and to participate in all premeeting conferences without
vote.
[Amended 6-16-2004 by Ord. No. 52-2004[1]]
The Council, in addition to such other powers and duties as
may be conferred upon by this chapter or otherwise by general law,
may:
A.
Require any municipal officer, in its discretion, to prepare and
submit sworn statements regarding his official duties in the performance
thereof and otherwise investigate the conduct of any department, office
or agency of the municipal government.
[1]
Editor's Note: This amendment was vetoed by the Mayor 6-25-2004
and passed on reconsideration of veto 7-7-2004.
[Amended 9-14-1983 by Ord. No. 45-1983[1]]
A.
The Council shall appoint a City Clerk who shall serve as Clerk of the Council, and the Council may appoint a Deputy Clerk, both of whom shall perform the duties and functions prescribed under Article III of this chapter. The Council shall also appoint a Legislative Counsel, who shall perform the duties and functions prescribed under Article II of this chapter, and such other personnel as the Council shall provide for. The Council President, for the purposes of administration and civil service, shall be the person to sign civil service and any other necessary forms as appointing authority for all personnel appointed by the Council pursuant to this section. All appointments made pursuant to this section shall be independent of the Executive Branch, and for the purposes of assigning the administrative functions, powers and duties, they shall be assigned to the office of the City Clerk. No position or employment shall be filled unless and until such position or employment has been established by ordinance. The Council shall also appoint members of the following authorities and boards as prescribed by ordinance or general law. All boards, authorities and commissions appointed by the Council shall be representative of all wards of the City where the number of members of the board, authority or commission is six or more in membership, and, if less than six in membership, no more than one appointee shall be from any individual ward.
B.
No one appointed to any of the above boards, authorities [except
the Municipal Utilities Authority (MUA)] or commissions shall receive
any salary or compensation for their service.
[Amended 6-24-1987 by Ord. No. 51-1987]
C.
No sooner than 30 days but not less than 14 days before the effective
date of appointment, any person proposed for appointment by the City
Council to any board, authority, commission or committee shall file
an affidavit in the City Clerk's office. Said affidavit shall set
forth the name and address of the proposed appointee as well as the
name and address of the proposed appointee's employer. For this purpose
the office of the City Clerk shall maintain a form affidavit which
shall also include therein a summary of the relevant state and City
conflict of interest laws.
[Added 1-24-1990 by Ord. No. 5-1990]
[1]
Editor's Note: This amendment was vetoed by the Mayor 9-23-1983
and passed on reconsideration of veto 2-8-1984.
[Added 6-7-2000 by Ord. No. 37-2000]
A.
To be eligible, the person(s) to be appointed to any position, board, authority or office shall be a "resident," as defined in § 56-4 in the Code of the City of Atlantic City, and a qualified voter of the City of Atlantic City.
B.
Additionally, every person recommended for any office shall undergo
a criminal history background check to be conducted by the appropriate
division of the Atlantic City Police Department. The Atlantic City
Police Department will furnish the appropriate forms for the applicant
to complete to perform the background check. All appointments and
reappointments will be done with the understanding that the appointee
certifies he/she has not been convicted of a crime or offense involving
moral turpitude. Further, the appointment or reappointment shall be
conditioned upon the required background check, and any individual
who is found to have committed a crime or offense involving moral
turpitude shall be subject to removal in accordance with this chapter.
[Amended 9-6-2000 by Ord. No. 50-2000]
C.
A report of the findings of the Police Department shall immediately
be made available to the Clerk and Council member sponsoring the applicant.
Should such criminal background check reveal a history of conviction
of a crime or offense involving moral turpitude, such history shall
be reviewed by the entire Council in executive session in accordance
with the Sunshine Act, provided that the sponsor chooses not to withdraw
the applicant.
D.
Any person appointed prior to the passage of this section and currently
serving in the appointed capacity shall, within five days of the effective
date of this section, be notified, in writing, by the City Clerk's
office that he or she must submit to a criminal history background
check within 10 days of the date of such notice. When completed, the
results of said background check shall immediately be made available
to the City Council.
E.
Should such criminal background check reveal a history of conviction of a crime or offense involving moral turpitude, the same procedure utilized in Subsection B and Subsection C as a prerequisite to appointment and reappointment shall be followed, except that the recommendation to be made by the Police Committee and the action thereafter by the entire Council shall be directed to whether such existing appointee shall remain in office or be barred from exercising the rights and privileges of the office.
F.
The cost of any and all criminal history background checks required
by this section shall be waived and/or paid by the City of Atlantic
City.
[Amended 9-14-1983 by Ord. No. 45-1983[1]]
A.
Upon request of the Mayor, the Council shall receive and consider
in executive session any nomination for appointment requiring Council
advice and consent. Candidates may be formally nominated at any regular
meeting and may be confirmed or rejected at the next meeting, but
in any case, no later than 30 days after nomination. Multiple appointments
to any body shall be confirmed individually.
B.
All boards, authorities and commissions appointed by the Mayor shall
be representative of all wards of the City where the number of members
of the board, authority or commission are six or more in membership,
and, if less than six in membership, no more than one appointee shall
be from any individual ward.
C.
No sooner than 30 days but not less than 14 days before the effective
date of appointment, any person proposed for appointment by the Mayor
to any board, authority, commission or committee shall file an affidavit
in the City Clerk's office. Said affidavit shall set forth the name
and address of the proposed appointee as well as the name and address
of the proposed appointee's employer. For this purpose the office
of the City Clerk shall maintain a form affidavit which shall also
include therein a summary of the relevant state and City conflict
of interest laws.
[Added 1-24-1990 by Ord. No. 5-1990]
[1]
Editor's Note: This amendment was vetoed by the Mayor 9-23-1983
and passed on reconsideration of veto 2-8-1984.
A.
Upon the submission of the budget to the Council by the Mayor, the
Council may reduce any item or items in the Mayor's budget by a vote
of a majority of the Council, but an increase in any item or items
therein shall become effective only upon an affirmative vote of 2/3
of the members of Council.
B.
The Council shall, where practicable, provide for the maintenance
of a system of work programs and quarterly allotments for operation
of the budget. It shall be the duty of the officer or department administering
any such program to develop and report appropriate unit cost of budgeted
expenditures (N.J.S.A. 40:69A-47).
C.
The Director of Revenue and Finance shall exercise a control function
in the management of the finances of the municipality. The control
function shall include provision for an encumbrance system of budget
operation, for expenditures only upon written requisition, for the
preaudit of all claims and demands against the municipality prior
to payment and for the control of all payments out of any public funds
by individual warrants for each payment to the official having custody
thereof (N.J.S.A. 40:69A-48).
D.
The Budget Examiner, who shall be qualified to perform the duties
set forth hereinafter, shall:
[Added 10-24-1990 by Ord. No. 71-1990]
(1)
Analyze budgets submitted to the Council by the Mayor pursuant to
law and by agencies whose budgets require approval, review or action
by the Council and make recommendations to the Council thereon.
(2)
Review and analyze the City budget on a continuing basis and make
monthly reports to the Council regarding expenditures and account
balances by department, division and/or unit and delinquencies due
the City, not including real estate taxes.
(3)
Attend meetings of any standing or ad hoc committee of the Council
at which City financial matters will be discussed or upon the request
of a member of the Council.
(4)
Prepare Council employee payrolls, requisition and purchase orders
of the Council, and advise the Council on a continuing basis regarding
City job vacancies, salaries and new employees.
E.
Annual municipal budget constraints/limitations.
[Added 1-24-2007 by Ord. No. 94-2006]
(1)
In addition to the limitation on increases in budget appropriations
provided in N.J.S.A. 40A:4-45.2, the City shall be prohibited from
increasing its final appropriations by more than an amount equal to
1/2 of the municipal revenue to be received in taxes from the net
increase in assessed property. For purposes of this subsection, the
net increase in assessed property shall mean the difference between
the total value of assessment on real property on January 1 of the
year prior to the budget year and total value of assessment on real
property on January 1 of the budget year. Increases due to contractual
obligations of the City and court orders shall not be included in
the calculation to determine compliance with this section.
(2)
Notwithstanding the above, in no event shall the annual increases
in budget appropriations exceed 1.5% of the prior year's appropriations,
excluding all grants and contractual obligations of the City and court
orders.
The Council shall cause to be made an annual audit of the City's
accounts and financial transactions as required by law. Such annual
audit shall be made by a registered municipal accountant of the State
of New Jersey appointed by the Council.
In addition to such bylaws as the Council may adopt by resolution,
the following procedure rules shall be in effect:
A.
Quorum. A majority of the whole Council, five members, shall constitute
a quorum for all business.
B.
Order of business. At each regular meeting, the order of business
shall be:
(1)
Roll call.
(2)
Pledge of allegiance/prayer.
(3)
Open Public Meetings Act announcement.
(4)
Approval of minutes of previous meetings. Minutes need not be read
at length if they have been distributed to members at least 24 hours
before the meeting.
(5)
Reports and recommendations of the Mayor and other officials.
(6)
Reports of committees.
(7)
Communications and petitions.
(8)
Public comment on agenda items; good and welfare.
(10)
Resolutions and motions.
(11)
New business on the calendar.
(13)
Other pending business.
(14)
Adjournment.
C.
Rules of order. Except as may be provided in the Charter or this
chapter, the conduct of Council meetings shall be governed by such
rules as Council shall adopt. Notwithstanding any such rules of order
or procedure which may, from time to time, be adopted by the Council,
at a meeting of Council, any Council member shall have the right to
address inquiries to legislative counsel or seek the opinion of legislative
counsel on any legal or procedural issue before the Council. The presiding
officer shall immediately recognize any member of Council who expresses
a desire to seek the opinion of legislative counsel on any such issue
or matter before Council, and the inquiring Council member shall be
entitled to a response from legislative counsel before any further
business is conducted. The presiding officer shall not rule a request
for the opinion of legislative counsel to be out of order unless one
or more of the following applies: the inquiry or request is made at
a point in time which is during the vote on an ordinance, resolution
or procedural issue; or the specific question or inquiry upon which
an opinion is being sought has previously been responded to by legislative
counsel at the same meeting; or the specific ordinance or resolution
which gives rise to the request has been acted upon or has not yet
been reached on the agenda at the time the request is made.
[3]
Editor's Note: This amendment was vetoed by the Mayer 9-23-1983
aid passed on reconsideration of veto 2-8-1984.
D.
Rights of presiding officers. Presiding officers may move, second
and debate from the chair and shall not be deprived of any of the
rights or privileges of Council members by reason of presiding.
E.
Voting. The vote on every resolution or ordinance shall be by roll
call in alphabetical order, the President voting last. The vote of
each member shall be entered on the minutes. During roll call, no
member shall discuss or explain his/her vote.
F.
Minutes. The Clerk shall keep minutes of all regular and special
meetings. The minutes shall record the time and place of the meeting,
the members attending and every act of the Council, whether by motion,
resolution or ordinance, with the names of the mover and seconder.
They may include other pertinent matters, as suggested by the order
of business. Copies shall be provided to each Council member and member-elect,
the Mayor or Business Administrator and the City Attorney. Minutes
shall be signed by the Clerk and the presiding officer and shall be
kept permanently as public records.
G.
Good and welfare. A member of the public who wishes to be heard by
Council must, prior to the "Good and Welfare" portion of the Council
meeting, enter his/her name, one time, per Council meeting. In doing
so, that member of the public maintains a reservation of time to speak,
as pronounced by Council. This reservation and/or the associated allotment
of time may not be passed, in any way, or gifted, in any way, to another
member of the public, but rather it must solely be used by the member
of the public who entered his/her name.
[Added 9-20-2006 by Ord. No. 78-2006]
[Amended 12-21-1983 by Ord. No. 77-1983; 7-11-1984 by Ord. No.
52-1984; 8-19-1992 by Ord. No. 80-1992; 12-8-2010 by Ord. No.
84-2010]
The Council, by resolution, shall set the deadline for the receipt by the Clerk of all reports, communications, ordinances, resolutions and other matters to be considered by the Council at its meetings. Any resolution, ordinance or other material received beyond the deadline set in the resolution shall be considered in accordance with § 4-15B(9) and § 4-15B(10)(b) and (c), and no such resolution, ordinance or other material shall be acted upon by the Council unless at least a majority of the quorum votes affirmatively to take action upon a resolution, ordinance or other material submitted after the deadline. Any item submitted after the deadline shall have appended to such item an explanation setting forth the necessity for immediate Council action upon such item and the reason such item was not submitted by the deadline. The Clerk shall assemble all material in sufficient copies for the Council, Mayor, Legislative Counsel, Business Administrator and City Solicitor and prepare the Council meeting agenda. The agenda and supporting material shall be delivered to all recipients on the second calendar day before the Council meeting. However, distribution of resolutions, ordinances or other material not received by the deadline shall be the responsibility of the sponsor or proponent of said resolution, ordinance or other material.
The Council shall provide, by resolution, for each standing
committee and, by resolution, for each special Council committee,
to be appointed by the President. Standing committees shall consist
of three members of the Council. Each standing committee shall perform
the functions and duties assigned to it by the Council.
[1]
Editor's Note: This amendment was vetoed by the Mayor 9-23-1983
and passed on reconsideration of veto 2-8-1984.
[Amended 7-11-1984 by Ord. No. 52-1984; 8-19-1992 by Ord. No.
80-1992]
Any member of the Council may introduce a resolution, in writing, at any meeting, subject to § 4-16 herein, if it is on the agenda or is admitted by a number of affirmative votes which is at least equal to one less than the total number of members present at the time the matter is voted for consideration in the proper order of business. When possible, it shall be duplicated and distributed before the meeting. The resolution shall be read by the Clerk when introduced by title, unless reading in full is requested by any Council member, and it may be adopted immediately, provided that a resolution to adopt or amend a budget shall be subject to the procedures specified in the Local Budget Law.[1] All resolutions authorizing the City to enter into a contract
shall have attached thereto a copy of the proposed contract.
[1]
Editor's Note: See N.J.S.A. 40A:4-1 et seq.
A.
Preparation, distribution and evaluation. Ordinances may be prepared
by the City Solicitor at the request of the Mayor or any Council member.
Copies shall be distributed to the Mayor, the Council, Council members-elect,
the City Solicitor, Legislative Council and the City Clerk on Friday
before the meeting at which they are to be introduced. Ordinances
shall contain a written statement explaining the purpose of said legislation
in layman's terms and shall be accompanied by a financial note detailing
the fiscal impact on the City, if any.
[Amended 9-14-1983 by Ord. No. 45-1983[1]]
[1]
Editor's Note: This amendment was vetoed by the Mayor 9-23-1983
and passed on reconsideration of veto 2-8-1984.
B.
Introduction and publication. Any member of the Council may introduce an ordinance, subject to § 4-16 herein, if it is on the agenda or is admitted upon a number of affirmative votes which is at least equal to one less than the total number of members present at the time the matter is moved for consideration in the proper order of business. After passage on first reading, which may be by title, the ordinance shall be published and publicized in accordance with general law and copies shall be made available to members of the public before second reading.
[Amended 8-19-1992 by Ord. No. 80-1992]
C.
Public hearing and adoption. A public hearing shall be held on every
ordinance, as provided by general law, at least 10 days after passage
on first reading and at least one week after publication. At the hearing,
the ordinance shall be given second reading, which may be by title,
and all residents and others affected shall be heard concerning the
ordinance, with the right to ask pertinent questions. Thereafter,
the ordinance may be adopted by a majority of the whole Council, with
such amendments as do not substantially alter the intent or effect
of the original. Substantial amendments shall be read, optionally
by title, and published and publicized in accordance with the general
law, and the ordinance may be finally adopted without further public
hearing at least one week after the meeting at which it was amended.
D.
Mayor's veto.
[Amended 9-14-1983 by Ord. No. 45-1983[2]]
(1)
On the next business day after adoption, the Clerk shall deliver
the ordinance to the Mayor, who shall either approve it by signing
and returning it within 10 days after receiving it or disapprove it
by returning it to the Council via the Clerk with a statement setting
forth his objections thereto or to any item or part thereof. No ordinance
or any item or part thereof shall take effect without the Mayor's
approval unless he fails to return it to the Council within 10 days
after it has been presented to him unless the Council, upon reconsideration
thereof on or after the third day following its return, shall override
the veto by a two-thirds vote of all members.
(2)
Delivery and presentation to the Mayor, for the purpose of calculating
the time for veto, shall be deemed complete on the date the Clerk
leaves the ordinance at the Mayor's office with the Mayor, the Mayor's
Administrative Secretary, or a designee of the Mayor.
[2]
Editor's Note: This amendment was vetoed by the Mayor 9-23-1983
and passed on reconsideration of veto 2-8-1984.
E.
Passage over veto. The Council shall reconsider any ordinance returned
by the Mayor with his/her veto. Such reconsideration shall be held
three days or more after return, but not more than 60 days after return.
If, upon reconsideration, 2/3 of the members of the Council (six or
more) vote to override the veto, the ordinance shall take effect 20
days thereafter. Whenever an ordinance has been reconsidered following
veto, the Clerk shall append thereto a certificate reciting the facts
of delivery, the return and override and the new effective date.
[Amended 7-3-1985 by Ord. No. 42-1985[3]]
[3]
Editor's Note: This ordinance further ratified all previous
overrides of vetoes, provided that such overrides obtained the necessary
six votes, even though the reconsideration may have taken place beyond
the time limit as previously established by this subsection.
F.
Ordinances not returned by the Mayor. Whenever an ordinance shall
take effect without the Mayor's signature by reason of his/her failure
to return it to the Council within 10 days after passage, the Clerk
shall append thereto a certificate reciting the fact.
G.
Effective date. No ordinance other than a local budget ordinance
shall take effect less than 20 days after its final passage by the
Council and approval by the Mayor, if such approval is required, unless
the Council shall adopt a resolution declaring an emergency, with
at least 2/3 or six members of the Council voting in favor.
[Amended 9-14-1983 by Ord. No. 45-1983[1]]
The Legislative Counsel shall be available to the Council at
all regular and special meetings. He shall draw ordinances and resolutions
for any member of the Council when and as requested. The Legislative
Counsel shall also:
A.
Provide legal opinions for any member of the Council;
B.
Represent the Council in any litigation unless otherwise provided;
and
C.
Perform such other legal functions as requested by the Council.
[1]
Editor's Note: This amendment was vetoed by the Mayor 9-23-1983
and passed on reconsideration of veto 2-8-1984.
[Amended 9-14-1983 by Ord. No. 45-1983[1]]
All communications from the Council, a committee of the Council
or members of the Council regarding the administration of the City,
unless otherwise provided by law, shall be initiated and conducted
through the Mayor or anyone else that the Mayor may designate in writing.
[1]
Editor's Note: This amendment was vetoed by the Mayor 9-23-1983
and passed on reconsideration of veto 2-8-1984.
[Added 9-14-1983 by Ord. No. 45-1983[1]]
A.
No office space assigned to the City Council or member thereof shall
be moved or altered or changed in any manner without an authorizing
resolution duly passed by the City Council.
B.
No office space assigned to the City Clerk or to any division unit
or office assigned to the City Clerk shall be moved, altered or changed
in any manner without the express written permission of the City Clerk
and City Council.
[1]
Editor's Note: This amendment was vetoed by the Mayor 9-23-1983
and passed on reconsideration of veto 2-8-1984.
