[New]
The Governing Body shall consist of the Mayor and six (6) Council
members elected at large in the Borough, all of whom shall be elected
and take office in the manner provided by law. The term of office
shall commence January 1 next following their election.
Editor's Note: Rockleigh is governed under the Borough
form of government outlined in Chapter 60 of Title 40A of the New
Jersey Statutes.
[New]
The Borough Council shall by ordinance adopt rules of procedure
not inconsistent with this chapter. The rules shall provide for standing
committees of the Council.
Editor's Note: See 2 Appendix 1. Procedures and Rules of
Order of the Governing Body.
[New]
The Borough Council shall take appropriate action to insure
that ordinances and resolutions of the preceding year are compiled
or codified.
[New]
Whenever a vacancy occurs in the membership of the Borough Council
for any reason other than the expiration of term of office, the vacancy
shall be filled pursuant to State Statutes.
[New]
Every person appointed by the Mayor, the Borough Council or
by the Governor to fill a vacancy, either for the unexpired term or
temporarily, shall have the qualifications required by Statute to
permit the appointee to qualify for election to the office, and if
the previous incumbent had been elected to office as the nominee of
a political party, the person so appointed shall be of the same political
party.
[New]
a.
Organizational
Meeting. The Governing Body shall establish the date and time of its
Annual Meeting or Reorganization Meeting at 12:00 noon on January
1, or at some other hour on any day during the first week in January,
which may be selected by the Governing Body, pursuant to the provisions
in N.J.S.A. 40:45A-1.
b.
Regular
Meetings. Thereafter, the Council shall meet regularly within the
Borough at such times and places as provided by the Rules of Council.
c.
Special
Meetings. The Mayor shall when necessary call special meetings of
the Council. In case of his neglect or refusal, any four (4) members
of the Council may call such meetings at such time and place in the
Borough as they may designate. In all cases of special meetings, twenty-four
(24) hours written notice (or actual voice contact) shall be given
to all members of the Council. Written notice may be by leaving such
notice at their places of residence.
d.
All
meetings shall be held and notice of meetings given as required in
the Open Public Meetings Act.
[New]
The Mayor shall preside over all meetings of the Council but
shall not vote except to give the deciding vote in case of a tie.
Except as otherwise provided by Statute or specific ordinance, the
Mayor shall nominate and, with the advice and consent of the Council,
appoint all officers in the Borough. No appointments requiring Council
confirmation shall be made except by a majority vote of the Council
members present at the meeting, provided that at least three (3) affirmative
votes shall be required for such purpose, the Mayor to have no vote
thereon except in the case of a tie. Vacancies in appointive offices
shall be filled by appointment in the same manner for the unexpired
term only. The Mayor shall make such nomination to fill a vacancy
within thirty (30) days after the appointive office becomes vacant.
If the Mayor fails to nominate within thirty (30) days or the Council
fails to confirm any nomination made by the Mayor, then, after the
expiration of thirty (30) days, the Council shall appoint the officer.
The Mayor shall see that the laws of the State and the ordinances
of the Borough are faithfully executed, and shall recommend to the
Council such measures as he may deem necessary or expedient for the
welfare of the Borough. He shall maintain peace and good order and
have the power to suppress all riots and tumultuous assemblies in
the Borough.
The Mayor shall supervise the conduct and acts of all officers
in the Borough and shall execute all contracts made on behalf of the
Council.
The Mayor shall have such other powers as set forth in N.J.S.A.
40A:60-5.
[N.J.S.A. 40A:60-6]
a.
The
Council shall be the legislative body of the Borough.
b.
The
Council may, subject to general law and the provisions of this act:
1.
Pass, adopt, amend and repeal any ordinance or, where permitted,
any resolution for any purpose required for the government of the
Borough or for the accomplishment of any public purpose for which
the Borough is authorized to act under general law.
2.
Control and regulate the finances of the Borough and raise money
by borrowing or taxation.
3.
Create such offices and positions as it may deem necessary. The officers
appointed thereto shall perform the duties required by law and ordinances.
4.
Investigate any activity of the Borough.
5.
Remove any officer of the Borough, other than those officers excepted
by law, for cause; and
6.
Override a veto of the Mayor by a two-thirds majority of all the
members of the Council.
c.
The
Council shall have all the executive responsibilities of the Borough
not placed, by general law or this act, in the office of the Mayor.
d.
The
Council, whenever it fails to confirm the nomination by the Mayor
of any official to a subordinate office of the Borough within thirty
(30) days of being presented such nomination, shall make the appointment
to that office, provided that at least three (3) affirmative votes
shall be required for such purpose, the Mayor to have no vote thereon
except in the case of a tie.
[New]
a.
Every
ordinance adopted by the Council shall, within five (5) days after
its passage, Sundays excepted, be presented to the Mayor by the Municipal
Clerk. The Mayor shall, within ten (10) days after receiving the ordinance,
Sundays excepted, either approve the ordinance by affixing his signature
thereto or return it to the Council by delivering it to the Municipal
Clerk together with a statement setting forth his objections thereto
or 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 the ordinance to the Council, as prescribed above,
or unless the Council, upon consideration of the ordinance following
its return, shall, by a vote of two-thirds of all the members of Council
resolve to override the veto.
b.
No
ordinance shall be passed, or appointment of any subordinate officer
of the Borough be confirmed, except by a vote of a majority of the
members of the Council present at the meeting, provided that at least
three (3) affirmative votes shall be required for such purpose, the
Mayor voting only in the case of a tie.
c.
If
any ordinance contains more than one (1) distinct section, clause
or item, the Mayor may approve one (1) or more thereof and veto the
rest.
[New]
At the organizational meeting the Council by a majority vote
shall elect from their number a President of the Council, who shall
preside at all of its meetings when the Mayor does not preside. The
President of the Council shall hold office for one (1) year and until
the next annual meeting. The President of the Council shall have the
right to debate the vote on all questions before the Council. If the
Council at its annual meeting fails to elect a President, the Mayor
shall appoint the President from the Council and in that case no confirmation
by the Council shall be necessary. If the Mayor is absent from the
Borough for a period of three (3) consecutive days or for any reason
is unable to act, the President of the Council shall perform all the
duties of the Mayor during his absence or inability. In case of the
Mayor's intended absence from the Borough for more than three
(3) days at any one time, the Mayor shall notify the President in
writing of such intended absence, whereupon the President shall become
Acting Mayor upon the receipt of such notice and continue to act until
the Mayor's return. In case of the temporary inability of the
President to so act, the Council member having the longest term of
service as such may act temporarily for the President.