[Ord. No. 1431 § IV]
a.
The City Council of the City of Sea Isle City shall consist of five
Councilmembers, who shall be elected at large by the voters of the
City generally at a regular municipal election.
c.
The members of Council shall serve for a term of four years beginning
on July 1 after their election.
d.
The Council shall meet during the first week in July to; elect the
President, to serve once per four years, for a one year term; select
the rotating quarterly schedule to be followed in order for the remainder
of the Council to serve as Vice-President for the year; and to conduct
such other business as may come before it. At this meeting, the Council
shall also create all subordinate boards and appoint any officers
that it deems necessary for the proper and official conduct of affairs
of the City.
[Ord. No. 1431 § IV]
[Ord. No. 1431 § IV]
Vacancies on the Council shall be filled in the manner prescribed
by general law or pursuant to N.J.S.A. 40:69A-41. Vacancies shall
occur in the event of a resignation, removal by an appropriate State
authority pursuant to N.J.S.A. 40:69A-37, or death of a Councilmember.
[Ord. No. 1431 § IV]
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 meetings
and to participate in all premeeting conferences without vote.
[Ord. No. 1431 § IV]
Legislative powers shall be exercised by ordinance, except for
the exercise of powers that do not require action by the Mayor. In
these cases, legislative powers may be exercised by resolution, and
include, but are not limited to those enumerated in the statutes,
which are:
a.
The override of a veto of the Mayor;
b.
The exercise of advice and consent to actions of the Mayor;
c.
The conduct of legislative inquiry or investigation;
d.
The expression of disapproval of the removal by the Mayor of officers
or employees;
e.
The removal of any municipal officer for cause;
f.
The adoption of rules for the Council;
g.
The establishment of the times and places for Council meetings;
h.
The establishment of the Council as a committee of the whole and
the delegation of any number of its members as an ad hoc committee;
i.
The declaration of emergencies respecting the passage of ordinances;
j.
The election, appointment, setting of salaries and removal of officers
and employees of the Council, subject to any pertinent civil service
requirement and any pertinent contractual obligations, and within
the general limits of the municipal budget;
k.
Designation of official newspapers;
l.
Approval of contracts presented by the Mayor;
m.
Actions specified as resolutions in the "Local Budget Law" (N.J.S.
40A:4-1 et seq.) and the "Local Fiscal Affairs Law" (N.J.S. 40A:5-1
et seq.);
n.
The expression of Council policies or opinions which require no formal
action by the Mayor;
o.
Deal with officers and employees of the City through the Mayor or
his designee(s), with the exception of inquiries as allowed by this
section;
p.
Receive and consider any nomination for appointment from the Mayor
which requires Council advice and consent. Candidates shall be formally
nominated at any regular meeting and may be confirmed or rejected
at that same meeting, but, in any case, no later than the next regular
meeting; and
q.
At least once annually have an independent audit made of the City's
accounts and financial records as required by law.
[Ord. No. 1431 § IV]
a.
Organizational Meetings. The City Council shall organize on the first
Tuesday following the regular quadrennial election. At that meeting,
or as soon thereafter as practical, the Council shall create all subordinate
boards and appoint any officers that it deems necessary for the proper
and official conduct of affairs of the City.
b.
Regular Meetings. After the organization meeting, the Council shall
meet regularly at least once a month on a date to be determined by
the resolution of the Council. When the time for any regular meeting
of the Council falls on a legal holiday as prescribed by law, such
meeting shall be held at the same hour on the next succeeding day
which is not a legal holiday.
c.
Special Meetings. The Mayor may call special meetings of the Council.
The Council president shall call special Council meetings upon written
request of a majority of the whole Council. The request and call for
a special meeting shall state the purpose thereof and no other business
shall be transacted. The call shall be filed with the Clerk at least
24 hours before the time for which the meeting is called; provided,
that if the Mayor declares an emergency affecting the public health
or safety, the call so stating may be filed three hours before the
meeting. Upon receipt of notice, the Clerk shall forthwith notify
each member and member-elect, make copies of the call available to
the press and post at least one copy in a prominent place in the City
Clerk's Office.
d.
Attendance. All regular and special meetings of the Council shall
be open to the public. The City Attorney and City Clerk and such other
municipal officers and employees as may be required by general or
special order of the Council shall attend regular and special meetings
of the Council.
[Ord. No. 1431 § IV]
In addition to such bylaws as Council may adopt by resolution,
the following procedural rules shall be in effect:
a.
Quorum. A majority of the members elected to the Council shall constitute
a quorum at any regular or special meeting of the Council, but a lesser
number than a quorum may adjourn any meeting. If no member of the
Council is present 1/2 hour after the appointed time for the meeting,
the City Clerk shall adjourn the meeting.
b.
Governing Rules. Except as may be provided by resolution or motion,
questions of order and methods of organization, the conduct of business
of the Council shall be governed by "Roberts Rules of Order." The
City Attorney shall be ex facto parliamentarian.
c.
Order of Business. At each regular meeting, the order of business
shall be as follows, except if waived by a majority of Council:
1.
Pledge of Allegiance.
2.
Moment of prayer.
3.
Roll call.
4.
Mayor's comments.
5.
Review Consent and Regular Agenda items.
6.
Citizen comment specific to agenda for the present meeting - for
a total time of 1/2 hour and availability of further time will be
subject to the discretion of the Council.
9.
New business.
10.
Council comments.
11.
Citizen comment for general comments not related to the agenda -
for a total time of 1/2 hour, and availability of further time will
be subject to the discretion of the Council.
12.
Adjournment.
d.
Manner of Addressing Council. Each person addressing the Council
shall:
1.
Give his/her name and address.
2.
Have such time as is reasonably necessary for the orderly presentation
of his/her remarks.
3.
Address all remarks to the Council as a body, and not to any member
thereof. No person other than members of the Council and the person
having the floor shall be permitted to enter into the discussion,
either directly or through a member of Council, without permission
of the presiding officer. No question shall be asked of a member of
Council except through the presiding officer.
e.
Rights of Presiding Officers. Presiding officers may move, second
and debate from their chair and shall not be deprived of any of the
rights and privileges of Councilmembers by reason of presiding.
f.
Voting. The vote on resolutions shall be by roll call in alphabetical
order, the President voting last. The vote of each member shall be
entered into the minutes. During roll call, no member shall discuss
or explain his/her vote.
g.
Minutes. The Clerk shall keep the minutes of all regular and special
meetings. The minutes shall record the time and place of the meeting,
the members attending, and every action of the Council, whether by
motion, resolution or ordinance, with the names of the mover and seconder.
They may include other pertinent matter, as suggested by the Order
of Business. Copies shall be provided to each Councilmember and member-elect,
the Mayor and the City Attorney. Minutes shall be signed by the Clerk
and the presiding officer, and shall be kept permanently as public
records.
[Ord. No. 1431 § IV]
The Mayor shall submit items on behalf of the Administration
to the Clerk. The Council President shall then establish the Council
agenda and submit it to the Clerk for preparation and distribution
to Councilmembers, the Mayor, the Business Administrator, the City
Attorney and other appropriate officials. It shall be distributed
by noon, at least two business days prior to the meeting. Additional
matters shall be added to the agenda upon the request in writing of
three or more Councilmembers, or as submitted by the City Attorney.
[Ord. No. 1431 § IV]
Committees shall be appointed by the Council President at a
regular Council meeting and shall consist of not more than two Councilmembers.
[Ord. No. 1431 § IV]
Any member of Council may introduce a resolution in writing
at any meeting, if it is on the agenda or if it is admitted by an
affirmative vote of at least three Councilmembers in the proper order
of business. When possible, it shall be duplicated and distributed
before the meeting. The Resolution shall be introduced by the Clerk
by title, unless full reading is requested by any Councilmember. The
resolution may be adopted immediately, provided that a resolution
to adopt or amend a budget shall be subject to the procedure specified
in the Local Budget Law (N.J.S.A. 40A:4-1).
[Ord. No. 1431 § IV]
a.
Preparation and Evaluation. Ordinances shall be prepared by the City
Attorney on request of the Mayor or any Councilmember. Or, if prepared
by others, shall be reviewed and approved by the City Attorney as
to legality and form before introduction.
b.
Introduction and Publication. Any member of the Council may introduce
an ordinance if it is on the agenda, or if it is admitted by an affirmative
vote of at least three Councilmembers in the proper order of business.
After passage of the first reading, which may be by title, the ordinance
shall be published and publicized in accordance with general law.
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 the first reading and at least one week after publication. At the
hearing, the ordinance shall be given a second reading, which may
be by title, and all residents and other interested parties 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, except ordinances adopted pursuant to the Local
Bond Law, which require an affirmative 2/3 vote of the whole Council
(four or more votes), with such amendments as do not substantially
alter the intent or effect of the original. Substantial amendments
must be read, which may be by title, and published and publicized
in accordance with 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. 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 calendar days of receiving
it, or disapprove by returning it to Council via the Clerk with a
statement setting forth his objections thereto or in 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 Council
within 10 calendar days after having received it, or unless Council
overrides the veto, consistent with paragraph e.
e.
Passage Over Veto. Council shall reconsider any ordinance returned
by the Mayor with his/her veto. Such reconsideration shall be at the
next regular or special meeting held three days or more after return.
If, upon reconsideration, 2/3 of the members of Council (four or more
votes) vote to override the veto, the ordinance shall take effect
10 calendar days thereafter, excluding the first and including the
last day, and if the last day be Saturday, Sunday or a legal holiday,
that day shall also be excluded. Whenever an ordinance has been reconsidered
following veto, the Clerk shall append thereto a certificate reciting
the facts of delivery, return and override and the new effective date.
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 Council within 10 calendar days after passage, the
Clerk shall amend 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 Council
and approval by the Mayor when such approval is required, unless Council
shall adopt a resolution declaring an emergency, with at least 2/3
vote (four or more votes) of Council in favor.
[Ord. No. 1431 § IV]
The City Clerk shall be appointed by Council, qualified by education
and experience office management or business administration.
[Ord. No. 1431 § IV]
The City Clerk's salary shall be established in the Salary Ordinance.
[Ord. No. 1431 § IV; Ord. No. 1459 (2008) § V; Ord. No. 1468 (2009) § I]
The City Clerk shall:
a.
Act as custodian of the municipal seal and of all minutes, books,
deeds, bonds, contracts and archival records of the municipal corporation.
The Council may, however, provide an ordinance that any other specific
officer shall have custody of any specific other class or record.
b.
Act as secretary to the City Council, prepare meeting agendas at
the discretion of the Council, be present at all meetings of the Council,
and keep a journal of the proceedings of every meeting, retain the
original copies of all ordinances and resolutions, and record the
minutes of every meeting.
c.
Serve as the administrative officer responsible for the acceptance
of applications for licenses and permits and the issuance of licenses
and permits, except where statute or municipal ordinance has delegated
that responsibility to some other municipal officer.
d.
Serve as coordinator and records manager responsible for implementing
local archives and records retention programs as mandated pursuant
to Title 47 of the Revised Statutes.
e.
Serve as the Chief Administrative Officer in all elections held in
the City, subject to the requirements of the Title 19 of the New Jersey
Statutes Annotated.
[Ord. No. 1431 § IV]
Should the office of City Clerk become vacant, the City Council
may appoint a person to serve as Acting Clerk for a period of not
more than six months.
[Ord. No. 1431 § IV]
The position of Deputy City Clerk for the City is hereby created to be appointed by Council with the same qualifications and experience as required for the City Clerk, consistent with subsection 2-2.1.
[Ord. No. 1431 § IV]
The duties of the Deputy City Clerk shall be to assist the City
Clerk to perform those duties prescribed by law and to perform any
other and further duties to be set by the City Council.
During the absence or disability of the City Clerk, the Deputy
Clerk shall have all of the powers of the City Clerk and shall perform
the functions and duties of such office.
[1]
Editor's Note: Former subsection 2-2.7, Compensation of the
Deputy City Clerk, previously codified herein and containing portions
of Ordinance No. 1431, was repealed in its entirety by Ordinance No.
1468 (2009).
