The legislative power of the municipality shall be exercised by the Council.
[Amended 1-27-1976 by Ord. No. 76-1; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The Council shall meet annually for organization during the first week of January as may be fixed by resolution of the Council during its regular monthly meetings in December of the previous year. Thereafter, the Council will hold two meetings per month each with a Public Agenda and a Conference Agenda, commencing at 7:30 p.m., except that during July and August the Council will hold only one regularly scheduled meeting per month, subject to the Council having additional special meetings as permitted by law. Additional meetings may be fixed by the Council in the annual notice of scheduled meetings required by the Open Public Meetings Act (P.L. 1975, c. 231),[1] provided that such schedule shall be approved by resolution within the first seven days of January. All changes to the annual notice of scheduled meetings shall comply with the aforesaid law. All meetings shall be conducted in accordance with the Open Public Meetings Act (P.L. 1975, c. 231).
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
[Amended 1-27-1976 by Ord. No. 76-1]
As provided by the Charter, the Mayor may, and upon written request of a majority of the members of the Council shall, call a special meeting of the Council. In the call he shall designate the purpose of the special meeting, and no other business shall be considered at such meeting. The call for a special meeting shall be filed with the Municipal Clerk during regular business hours, if possible, and the Clerk shall forthwith serve notice thereof upon each of the Councilmen by leaving a copy of the call at their respective places of residence and by telephone communication, if possible, and at such additional place as each Councilman may in writing designate. The Clerk shall also forthwith release copies of the call to the press and post at least one copy in a prominent place near the entrance to the Clerk's office. In addition to the aforesaid provisions, the calling and holding of all meetings shall comply with the Open Public Meetings Act (P.L. 1975, c. 231).[1]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
All public meetings of the Council shall be held in the Municipal Building, except when, for special reasons or in the event of an emergency, it becomes impractical to hold a meeting at that location. In that event the Council, upon such notice to the public as circumstances may permit, may meet in or adjourn the meeting to any other public building. Any meeting of the Council may be adjourned to a time and place designated by the Council. The public shall be given such reasonable notice as the circumstances may permit.[1]
[1]
Editor's Note: Original §  5-13, Conferences; notice of meetings, of the 1985 Code, as amended and which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The President of the Council shall be chosen by the Council for a term of one year and he shall:
A. 
Preside at all meetings of the Council and of the committee of the whole at informal conferences.
B. 
Appoint such special committees of the Council as may be required.
C. 
State the question and announce the result on all matters upon which the Council may vote.
D. 
Rule on all questions of order subject to appeal of the Council.
E. 
Sign all ordinances and resolutions adopted in his presence.
F. 
Preserve order and decorum at all meetings of the Council.
G. 
Have such other functions, powers and duties as the Council may from time to time prescribe.
The Vice President of the Council shall be chosen by the Council for a term of one year and shall preside at all meetings of the Council in the absence of the President and have all of the functions, powers and duties of the President of the Council during such absence. Upon the arrival of the President or the Vice President, as the case may be, the officer presiding shall relinquish the Chair immediately upon conclusion of the particular item of business before the Council.
The Municipal Clerk shall serve as Clerk of the Council. He shall keep a journal of its proceedings wherein he can record the minutes of every meeting and shall have such other functions, powers and duties as are provided by the Charter and this code and as the Council may from time to time prescribe.
As soon as a meeting is called to order, the Clerk shall alphabetically call the roll of the members and the names of those present shall be entered in the minutes.
A majority of all the members elected to the Council shall constitute a quorum at any regular or special meeting of the Council, but no ordinance shall be adopted by the Council without the affirmative vote of a majority of all the members of the Council. A lesser number than a majority may adjourn any meeting from time to time.
The business of the Council at each regular meeting shall be taken up for consideration and disposition in the following order:
A. 
Call to order.
B. 
Salute to flag.
C. 
Roll call.
D. 
Reading of totals of list of bills.
E. 
Reports of Mayor, administrative officers, boards, committees and Councilmen.
F. 
Petitions, communications and general public discussion.
G. 
Public bids.
H. 
Introduction and adoption of resolutions and ordinances.
I. 
Unfinished business.
J. 
New business.
K. 
Adjournment.
Unless a reading of the minutes of the previous meeting is requested by a member of the Council, such minutes may be approved without a reading if the Clerk has previously furnished each member with a copy thereof.
Whenever an ordinance has been reconsidered by the Council following a veto by the Mayor, the Clerk shall append to such ordinance a certification of the action of the Council upon such reconsideration in substantially the following form:
I hereby certify that the above ordinance, adopted by the Council on the _____ day of ___________ ____, was delivered to the Mayor on the _____ day of ___________ ____, and was returned to me on the _____ day of __________ ____, together with the Mayor's statement of the reasons for which he was constrained to withhold his approval of such ordinance, item or part thereof. On reconsideration thereof on the _____ day of __________ ____, (the Council duly resolved by the affirmative vote of 2/3 of its members to enact such ordinance, item or part thereof notwithstanding the Mayor's veto) or (the Mayor's veto was sustained).
  Clerk
Whenever an ordinance shall take effect without the Mayor's signature by reason of his failure to return it to the Council by filing it with the Clerk within 10 days after it has been presented to him, the Clerk shall append to such ordinance a certificate in substantially the following form:
I hereby certify that the above ordinance was adopted by the Council on the _____ day of ___________ ____, and upon his failure to sign it or to return and file it with the Clerk within 10 days thereafter, the said ordinance took effect in like manner as if the Mayor had signed it.
Dated:
  Clerk
The Council shall file with the Clerk all petitions, resolutions or other papers considered by it on each matter. All reports to the Council and all resolutions shall be filed with the Clerk.
With respect to appointments to be made by the Council, any member of the Council may nominate as many candidates as there are offices to be filled. Where there is a single office to be filled, the sense of the Council on the appointment shall be taken as to each nominee, and the nominee receiving a majority shall be deemed appointed. Where there is more than one office to be filled, such as on a board or authority, the same procedure shall be followed with respect to each office separately until the total number of appointments to be made has been completed. In the discretion of the Chair, a group of nominations may be considered at once where there is no apparent division in the Council as to the nominees included in the group.
A. 
The Council may for cause remove any municipal officer or board member other than the Mayor or a member of Council.
B. 
The Council shall consider a motion to remove for cause only after removal has been duly proposed and considered at an agenda conference.
C. 
A motion for removal shall set forth the alleged cause for removal, making specific charges, and provide for notice and an opportunity to be heard to the affected officer or board member. The Clerk shall forthwith cause a copy of the motion for removal, together with a statement of the causes and charges involved and notice of the time and place fixed for hearing, to be served personally or by certified mail upon the officer affected. A hearing shall be held not less than 10 days nor more than 15 days after date of such service and may be adjourned from time to time. Such hearings shall be open to the public and the officer charged shall be entitled to be represented by his own counsel. Following the conclusion of the hearing, the presiding officer shall call for a vote on the motion, which shall be determined by a vote of at least 2/3 of the whole number of the Council.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The Council may, in its discretion, require any municipal officer to prepare and submit sworn statements regarding his official duties and the performance thereof, and the Council may otherwise investigate the conduct of any department, officer or agency of the municipal government.
The Council shall cause to be made an annual audit of the municipality's accounts and financial transactions, as required by law. Such annual audit shall be made by a registered municipal accountant of New Jersey selected by the Council.
A. 
Presiding officer may debate and vote. 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 on all members, and shall not be deprived of any of the rights and privileges of a Councilman by reason of his acting as the presiding officer.
B. 
Obtaining the floor; improper reference to be avoided. Every member desiring to speak shall address the Chair and, upon recognition by the presiding officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language.
C. 
Interruptions. A member, once recognized, shall not be interrupted when speaking unless it be to call him to order or as herein otherwise provided. If a member, while speaking, is called to order, he shall cease speaking until the question of order is determined, and if in order he shall be permitted to proceed.
D. 
Privilege of closing debate. The Councilman moving the adoption of an ordinance or resolution shall have the privilege of closing the debate.
E. 
Motion to reconsider. A motion to reconsider any action taken by the Council may be made only on the day such action was taken. It may be made either immediately during the same session or at a recessed or adjourned session and may be seconded by any member. It 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 the same or any other motion at a subsequent meeting of the Council.
F. 
Synopsis of debate; when entered in minutes. The Clerk shall enter in the minutes a synopsis of the discussion on any question coming before the Council.
G. 
Remarks of Councilman; when entered in minutes. A Councilman may request, through the presiding officer, the privilege of having an abstract of his statement on any subject under consideration by the Council entered in the minutes.
H. 
Motion to adjourn. A motion to adjourn shall always be in order and shall be decided without debate.
I. 
Other matters. Any matter not covered by these rules shall be governed by Robert's Rules of Order (Revised).
Whenever a roll call vote is necessary, the Council shall vote alphabetically with the presiding officer voting last.
Voting silence or an abstention shall be construed as a vote with the majority, except where a member disqualifies himself, in which case he shall be considered as absent during such vote.
There shall be no standing committees of the Council other than the committee of the whole. The President of the Council shall be the presiding officer of the committee of the whole, and the rules of procedure of the Council shall be observed in the committee of the whole as far as the same may be applicable.
Upon recognition by the Chair, the person shall proceed to the floor and give his name and address in an audible tone of voice for the records. Unless further time is granted by the Council, he shall limit his statements to five minutes. Statements shall be addressed to the Council as a body and not to any member thereof. A Councilman shall not direct any question to a speaker addressing the Council, except through the presiding officer.
The President of the Council may request the Office of Police to designate a police officer to serve as Sergeant at Arms at Council meetings. He shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at Council meetings.
A. 
All ordinances shall be prepared by the Director of Law upon direction of the Council or the Mayor. Prior to introduction each proposed ordinance requiring or permitting administrative action may be submitted to the Administrator and the department head concerned, each of whom shall submit to the Council an opinion as to the administrative implications of the proposed ordinance or resolution.
B. 
An ordinance or resolution may be introduced by any member of the Council. Each ordinance and resolution shall be limited to a single object, which shall be expressed in its title.
C. 
Each ordinance or resolution shall be introduced in written or typewritten form and shall be read and considered as provided by general law. The vote upon every motion, resolution or ordinance shall be taken by roll call and the yeas and nays shall be entered on the minutes. The minutes of each meeting shall be signed by the officers presiding at such meeting and by the Municipal Clerk.
D. 
Each ordinance passed by the Council shall be promptly delivered by the Clerk to the Mayor and he shall, within 10 days after receiving any ordinance, either approve the ordinance by affixing his signature thereto or return it to the Council by delivering it to the Clerk, together 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 the Mayor fails to return an ordinance to the Council within 10 days after it has been presented to him or unless the Council, upon reconsideration thereof on or after the third day following its return by the Mayor, shall, by a vote of 2/3 of the members, resolve to override the Mayor's veto.
E. 
No ordinance other than the local budget ordinance shall take effect less than 20 days after its final passage by the Council and approval by the Mayor where such approval is required, unless the Council shall adopt a resolution declaring an emergency and at least 2/3 of all members of the Council vote in favor of such resolution.