[HISTORY: Adopted by the Mayor and Council of the Borough of Rockaway 11-14-1991 by Ord. No. 32-91. Amendments noted where applicable.]
The latest revision and edition of Roberts Rules of Order shall, in all cases, when not in conflict with the bylaws now or hereafter adopted by the Mayor and Council of the Borough of Rockaway, be considered and held as standard authority.
It shall be the duty of the Mayor to see that the laws of the state and the ordinances of the Borough are faithfully executed and to recommend to the Council such measures as the Mayor deems necessary or expedient for the welfare of the Borough, and whenever, in the Mayor's opinion, the public good may require the same, the Mayor shall call special meetings of the Council.
The Mayor shall preside at all meetings, preserve order and decorum and shall decide points of order. The Mayor shall vote on matters only in the case of a tie.
The Mayor shall, on all occasions, preserve the strictest order and decorum and shall have the authority to call on the Chief of Police or other officers for assistance to preserve order and shall cause the arrest of all persons who interrupt the proceedings of the Council. The Mayor shall maintain peace and good order in the Borough and shall have the power to suppress all riots and tumultuous assemblies.
The Mayor shall appoint all committees, standing or special, the membership and the number of which shall be subject to the advice and consent of the Council.
The Mayor shall nominate and, with the advice and consent of the Council, appoint all subordinate officers of the Borough unless a law of the State of New Jersey shall provide otherwise. The Mayor shall make an appointment to any office which becomes vacant within 30 days of such vacancy.
The Mayor shall be the head of the municipal government.
The President of the Council shall preside at all meetings when the Mayor does not preside.
The President of the Council shall perform all the duties of the Mayor during any period in which the Mayor is absent from the Borough for three days or more or is unable to perform the duties of the office of Mayor. Where such absence is intended, the President of the Council shall become the Acting Mayor until the Mayor's return. If the President of the Council is unable to perform the duties of the Acting Mayor, then the member of Council with the longest term of service may act temporarily for the President of the Council.
The Council shall be the legislative body of the municipality.
The Council may, subject to New Jersey law:
Pass, adopt, amend and repeal any ordinance or, where permitted, any resolution for any purpose required for the government of the municipality or for the accomplishment of any public purpose for which the municipality is authorized to act under New Jersey law;
Control and regulate the finances of the municipality and raise money by borrowing or taxation;
Create such offices and positions as it may deem necessary;
Investigate any activity of the municipality;
Remove any officer of the municipality, other than those officers excepted by law, for cause; and
Override a veto of the Mayor by a two-thirds majority of all the members of the Council.
The Council shall have all the executive responsibilities of the municipality not placed, by New Jersey law, in the office of the Mayor.
The Borough Clerk shall attend all meetings of the Council, keep a record of their proceedings and perform all such other duties as the Council may require or as may be directed by law. The Borough Clerk shall give notice of all special meetings called by the Mayor and Council to all members of the Council or leave the notice at their place of residence. The Borough Clerk shall cause all meetings to comply with the New Jersey Open Public Meetings Act.
Editor's Note: See N.J.S.A. 10:4-6 et seq.
Three members of the Council and the Mayor shall constitute a quorum for the transaction of business, but a smaller number may meet and adjourn from time to time. In the absence of the Mayor, four members of the Council shall constitute a quorum.
[Amended 12-13-2012 by Ord. No. 27-12]
The following shall be the order of business at all regular meetings of the Mayor and the Borough Council:
Pledge of Allegiance.
Appointments and proclamations of the Mayor.
Approval of minutes.
Correspondence (presentation of communications, petitions, etc.).
Report of committees or Council comments (includes presentation of bills, which shall be referred for examination before final action).
Reports of the Borough Attorney, Mayor and Clerk.
Resolutions to be adopted.
Introduction, consideration and passage of ordinances (first reading and second reading).
Meeting open for public comment.
The following standing committees, consisting of one or more members each, shall be appointed by the Mayor with the advice and consent of the Council at the annual reorganization meeting of the Council in each year or thereafter at such time as the Council may, by resolution, direct:
Special committees may be appointed for purposes other than those embraced in the duties of the standing committees.
All ordinances shall be submitted, in writing, at a meeting of the Council and passed at a subsequent meeting; provided, however, that no ordinance shall be finally passed, no officer appointed or removed and no salary fixed except by the vote of the majority of the members of the Council present at the meeting, provided that at least three affirmative votes shall be required for such purpose, the Mayor voting only in the case of a tie. Every ordinance passed by the Council and every resolution appropriating or in any way tending to pecuniarily obligate the Borough and also resolutions auditing or directing the payment of bills or demands, together with such bills, shall, within five days after the passage thereof (Sundays excepted), be presented to the Mayor, and the report of the Clerk shall be conclusive evidence that such ordinance or resolution has been so presented; if the Mayor approves it, the Mayor shall, within 10 days (Sundays excepted) after its receipt, sign and file it with the Borough Clerk, and if not, the Mayor shall, within the same time, return the same to the Clerk with objections thereto, in writing, and the Council shall at its next meeting cause the objections to be entered at length on its minutes and proceed to reconsider the same. If 2/3 of all the Council shall, at said meeting or at any subsequent meeting to which it shall postpone its reconsideration, vote to pass the same over said veto, it shall take effect upon the taking of such vote; if such ordinance or resolution shall not be so returned by the Mayor within 10 days (Sundays excepted) after received by the Mayor, it shall take effect in like manner as if it had been signed, provided that if any such ordinance, resolution or bill shall contain more than one distinct section, clause or item, the Mayor may approve one or more thereof and veto the rest. Every ordinance shall be recorded in full by the Borough Clerk in a proper book kept for that purpose. No ordinance may be finally passed unless it has been read in substantially its final form at a meeting held at least one week prior to its final passage and shall have been published in the official newspaper printed and circulating in the Borough, and if there is no official newspaper printed and circulated in the Borough, then in at least one newspaper printed and circulated in Morris County. Such publication shall contain a notice stating the time and place when and where the governing body will consider the final passage thereof.
Before any ordinance shall take effect, such ordinance or its title shall be published, at least once, in the official newspaper printed and circulating in said Borough, and if there is no official newspaper printed and circulating in said Borough, then in at least one newspaper printed and circulating in the County of Morris. Such ordinance shall not take effect until so published, but in every case where such ordinance may come in question or be enforced, such publication shall be presumed to have been had until the contrary thereof is shown.
The yeas and nays shall be called upon the final passage of every ordinance and may be called upon the final passage of any resolution or amendment to these bylaws. A yea or nay vote may be called upon the request of any Council person or the Mayor.
All bills and demands against the Borough of Rockaway shall be in writing and sworn to and shall be processed in accordance with the provisions of law and the Code of the Borough of Rockaway.
No standing rule, order or bylaw shall be suspended, altered, amended or repealed unless the suspension, alteration, amendment or repealer shall be proposed at a regular meeting or special meeting and adopted at the next succeeding regular meeting by a majority of the members of the Council, but any of them may be suspended temporarily with the concurrence of four members of the Council and the Mayor.
The Seal of the Borough of Rockaway shall be circular in form and shall contain the following "The Borough of Rockaway, Incorporated July 10, 1894."
The seal shall be in the custody of the Borough Clerk and shall be affixed only by the Clerk on order of the Council or the Mayor or as required and directed by law.