The legislative power of the municipality shall
be exercised by the Municipal Council, except as may be otherwise
provided by general law.
The Council, in addition to such other powers
and duties as may be conferred upon it 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
and the performance thereof and otherwise investigate the conduct
of any department, office or agency of the municipal government.
B.
Remove any municipal officer, other than the Mayor
or a member of the Council, for cause, upon notice and an opportunity
to be heard.
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 the 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 the
appropriate unit cost of budgeted expenditures.
C.
The Council shall provide, by ordinance, for the exercise
of a control function in the management of the finances of the municipality
by some officer other than the Business Administrator. 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.
The Council shall cause to be made an annual
audit of the Township'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.
[Amended 1-26-1998 by Ord. No. 5-98]
Pursuant to the Charter, at its organization
meeting, the Council shall elect a President of the Council from among
its members. At the same time, the Council shall elect a Vice President
of the Council to serve, who shall have the functions, powers and
duties of the President of the Council whenever the President may
be absent.
[Added 1-26-1998 by Ord. No. 5-98]
In the event both the President of Council and
the Vice President of Council are absent from a particular meeting
of Council, a Chairperson Pro Tem shall be selected from among the
members present. Such Chairperson Pro Tem shall preside over the meeting
at which he or she is selected only. In the event of a deadlock in
selecting a Chairperson Pro Tem, the Clerk shall preside over the
meeting.
A.
The President of the Council shall preside at its
meetings.
B.
He shall preserve order and decorum at all meetings
of the Council.
C.
He shall state every question coming before the Council.
D.
He shall announce the decisions of the Council.
E.
He shall decide all questions of order.
F.
He shall appoint all special committees of the Council.
G.
He shall sign all ordinances and resolutions adopted
by the Council during his presence.
H.
For the purpose of receiving resumes, the Council
President shall announce to the Council and the public any vacancies
or impending vacancies on authorities, boards, commissions or committees,
for which the Council has appointment powers. The Council President
shall give copies of all resumes to the Council at the regular agenda
meeting prior to the public meeting at which the appointments are
to be voted upon.
[Added 4-14-1984 by Ord. No. 6-84]
The Municipal Clerk shall serve as Clerk of
the Council. He shall keep a journal of its proceedings and record
the minutes of every meeting and shall have such other functions,
powers and duties as are provided by the Code.
[Amended 2-28-1985 by Ord. No. 8-85; 3-19-1990 by Ord. No.
6-90; 12-10-1992 by Ord. No. 48-92; 12-22-1994 by Ord. No. 90-94]
A.
Regular meetings. The Township Council shall, following
a municipal election, meet on January 1 at 12:00 noon for the purpose
of reorganization, unless that day is a Sunday, in which case it shall
meet in the next succeeding day. At other times, the Council shall
reorganize at its first regular meeting of the year. The Council shall
meet regularly on the second and fourth Monday of each month at 7:30
p.m., unless otherwise specified; and shall meet for the general purposes
of formulating and discussing its agenda, local legislation and issues
on the first and third Monday of each month at 7:30 p.m., unless otherwise
specified. The Council may upon compliance with the Open Public Meetings
Act[1] transact formal business at agenda meetings. Agenda meetings
shall be advertised together with regular meetings in the schedule
of regular meetings for purposes of the Open Public Meetings Act.
The Council may by resolution dispense with one or more meetings.
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 or such
other date designated by resolution. Meetings shall be held at the
Old Bridge Township Municipal Building, One Old Bridge Plaza, or at
such place as may be designated by the Township Council. Nothing herein
shall preclude the Township Council from establishing a convenient
meeting schedule on dates other than those set forth in this subsection.
All Council meetings shall conclude no later then 11:00 p.m., except
that the Council President may extend the meeting for the purpose
of concluding official business. No new business shall be started
after 10:30 p.m. so that sufficient time may be provided for public
comments and Council comments prior to adjournment.
[Amended 11-8-2004 by Ord. No. 40-04; 1-9-2006 by Ord. No. 38-2005]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
B.
Special meetings. The Mayor or Council President may
at any time, and upon the written request of any five Council persons
shall, call a special meeting. The request and call for a special
meeting shall specify the purpose of the meeting, and no business
shall be transacted at any special meeting other than that specified
unless all nine members agree to consider business not specified in
the call of the meeting. Such other business may also be considered
notwithstanding the absence of consent by all nine Council persons
if the business qualifies under the Open Public Meetings Act as being
of such urgency and importance that a delay for purposes of providing
adequate notice would be likely to result in substantial harm to the
public interest. The call for a special meeting by the Mayor or President
of Council shall be filed with the Municipal Clerk and served upon
each Council person at least 24 hours prior to the time for which
the meeting is called, provided that the Mayor may determine that
an emergency exists affecting the health and safety of the people
which requires consideration by the Council within a shorter time,
and upon such determination, which the Mayor shall set forth in the
call, the call may be filed with the Municipal Clerk for any time
not less than three hours prior to the time set for the meeting. Upon
the filing of any call for a special meeting, the Municipal Clerk
shall forthwith give notice thereof by telephone or fax to each Council
person at such place at he or she has previously designated for that
purpose and shall also serve or cause to be served a written copy
of the call upon each Council person by delivery of a copy to him
or her personally or by the leaving of a copy at his or her usual
place of abode. The Police Department shall cooperate with the Municipal
Clerk in effectuating such service of notice. Upon written waiver
of notice executed by all the members of the Council, a special meeting
may be held without prior notice, notwithstanding the above provisions
of this subsection.
[Amended 1-9-2006 by Ord. No. 38-2005]
D.
Quorum. A majority of all 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 any meeting, the Clerk shall adjourn the meeting.
E.
Executive sessions. The Township Council shall keep
reasonably comprehensive minutes of its executive sessions, showing
the time and place, the members present, the subjects considered,
the actions taken, and any other information required to be shown
in the minutes by law. The executive session minutes, which need not
be verbatim, shall be maintained by the Township Clerk. Executive
session minutes that have been approved by the Township Council shall,
upon request, be publicly released no later than seven business days
following receipt of the request. Prior to public release, however,
the Township Attorney shall redact or suppress its executive session
minutes only to the extent authorized by law.
[Amended 9-12-2005 by Ord. No. 29-2005; 8-14-2006 by Ord. No. 38-2006]
[Amended 6-4-1984 by Ord. No. 10-84]
A.
Order of business. The business of the Council at
regular meetings and so far as applicable at special meetings shall
be taken up for consideration and disposed of in the following order:
[Amended 10-21-1991 by Ord. No. 23-91; 12-10-1992 by Ord. No.
48-92; 8-28-1995 by Ord. No. 50-95;9-24-2012 by Ord. No. 2012-18; 2-26-2018 by Ord. No.
2018-03; 10-19-2020 by Ord. No. 2020-19; 3-23-2021 by Ord. No. 2021-10]
(1)
Salute
to the flag, invocation by Council member and quorum roll call.
(2)
Presentations.
(3)
Approval
of minutes of previous meetings.
(4)
Bill
list.
(5)
Public
hearings and/or adoption/amendment of those ordinances for second
reading.
(6)
Consent
agenda.
(7)
Ordinances
for first reading.
(8)
Reports
of Township Clerk and Township Attorney and administrative report.
(9)
Public
comments on any subject matter for a maximum period of three minutes,
subject to the discretion of the Council President.
(10)
Council
member comments.
(11)
Adjournment.
B.
Agenda. The agenda for each regular and special meeting
of the Council shall be prepared by the Clerk. Except for emergency
matters which may be added to the agenda at any time with the approval
of the Mayor or the Council President, the agenda for each regular
meeting of the Council shall include only such matters of Council
business as have been presented or delivered to the Clerk no later
than 10:00 a.m. on Wednesday preceding the agenda meeting. As soon
as the agenda for each meeting has been prepared, the Clerk shall
deliver a copy to each Council member, the Mayor and each department
head.
[Amended 12-10-1992 by Ord. No. 48-92; 7-29-1993 by Ord. No.
30-93; 1-9-2006 by Ord. No. 38-2005; 10-19-2020 by Ord. No.
2020-19]
C.
Consent agenda. Those items listed on the Council
agenda which are considered routine by the Township Council shall
be listed under consent agenda. Prior to voting upon any item on the
consent agenda, the presiding officer shall open the meeting to Council
to entertain requests for removal from the consent agenda. There shall
be no separate discussion of items on the consent agenda unless a
Council member so requests, in which event the item shall be removed
from the consent agenda and considered in its normal sequence on the
agenda. Items to be included in the consent agenda may include but
are not limited to approval of minutes, reports, solicitation of bingos
and raffles, conveyances, easements, leases and agreements previously
approved in principle. Those items which appear on the consent agenda
are not required to be read at the public meeting in their entirety,
but may be read by description only. Once a matter is placed on the
consent agenda, there shall be no separate discussion on that item.
Those items so approved under the consent agenda shall appear in the
Council minutes in their complete and proper form.
[Amended 1-9-2006 by Ord. No. 38-2005; 3-23-2021 by Ord. No. 2021-10]
A.
General procedure. Except as otherwise provided herein,
meetings of the Council shall be conducted according to Robert's Rules
of Order, latest update.
[Amended 1-9-2006 by Ord. No. 38-2005]
B.
Reading of the minutes. The minutes of the previous
meeting of the Council may be approved without reading if the Clerk
has previously furnished each Councilman with a copy thereof, but
upon request of any Councilman, the minutes or any part thereof shall
be read prior to approval.
C.
Presiding officer may debate and vote. The presiding
officer may move, second and debate from the chair and may vote on
any question, subject only to limitations of debate as are, by these
rules, imposed on all members, and he shall not be deprived of any
of the rights and privileges of a Councilman by reason of his acting
as the presiding officer.
D.
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 at the meeting at which such
action was taken. It may be made either immediately during the same
session or at a recessed or adjourned session of such meeting. Such
motion may be made only by one of the prevailing side, but may be
seconded by any member and may be made at any time and have precedence
over all other motions, and it shall be debatable.
F.
Remarks of Councilman. A Councilman may request, through
the presiding officer, the privilege of having an abstract of his
statement on any subject before the Council, not exceeding 100 words,
entered in the minutes. If the Council consents thereto, such abstract
shall be entered in the minutes.
G.
Synopsis of debate. The Clerk may be directed by the
presiding officer, with consent of the Council, to enter in the minutes
a synopsis of the discussion on any question coming regularly before
the Council.
Any person desiring to address the Council shall
first seek to be recognized by the presiding officer and, upon recognition
of such person, shall confine his statement to the order of business
prescribed by the section.
A.
Written communications. Under the order of business
described as "written communications," affected parties or their authorized
representatives may address the Council in regard to matters then
under discussion which are the subject of such communication.
B.
Public portion. There shall be a public portion at
all meetings of the Township Council during which the public will
be invited to speak on any subject matter for a period not to exceed
five minutes per person. At regular meetings of the Township Council,
an additional five-minute opportunity to speak shall be permitted
which shall be limited to items listed on the agenda for action. If
a statute, ordinance or Council tradition permits a public hearing
or public comment before a vote or other action on any item at the
meeting, such item shall not be subject to this separate right to
speak. Unless a different procedure is established by vote of the
Township Council, the public's right to speak at agenda meetings shall
be held at the end of the meeting. The public's right to speak at
regular meetings shall be held at a time established by the Clerk
on the published agenda unless the Township Council shall, by majority
vote, designate a different time for the public to make its comments.
[Amended 2-24-2003 by Ord. No. 05-03; 3-12-2012 by Ord. No. 2012-08]
The Director of the Department of Police or
such member or members of his Department as he may designate shall
be Sergeant at Arms of the Council meetings and shall be in attendance
at Council meetings when requested by the Council President. The Sergeant
at Arms shall carry out all orders and instructions given by the presiding
officer for the purpose of maintaining order and decorum at the Council
meeting. Any person making personal, impertinent or slanderous remarks
or who shall become boisterous while addressing the Council shall
be barred by the presiding officer from further attendance at that
meeting of the Council unless permission to continue is granted by
a majority vote of the Council. Any person who violates the order
and decorum of the meeting shall be guilty of an offense punishable
as provided by law. Upon instructions of the presiding officer, it
shall be the duty of the Sergeant at Arms to place such person under
arrest and cause him to be prosecuted pursuant to law, the complaint
to be signed by the presiding officer.
A.
Procedure for introduction. Ordinances may be introduced
and read on first reading by reading the title only. After publication
and notice of hearing and upon the opening of the hearing, the ordinance
shall be given a second reading, which may also be by title only,
and thereafter it may be passed with or without amendments or rejected.
Prior to the second reading, a copy of the ordinance shall be posted
on the bulletin board or other public place upon which public notices
are customarily posted in the Municipal Building, and copies of the
ordinance shall be made available to members of the general public
of the Township who shall request such copies. Copies of each ordinance
and resolution, in printed or typewritten form and bearing a notation
by the Department of Law as to approval as to form and sufficiency,
shall be mailed by the Clerk to each Councilman at least 48 hours
prior to introduction, provided that the failure of the Clerk to make
such mailing shall not invalidate any action taken by the Council.
B.
Prior
approval or disapproval; drafting. Ordinances and resolutions shall
be drafted by the Department of Law upon motion of the Council or
request of the Mayor. It is understood that the ordinances requested
by the Mayor shall be through the Council President as all ordinances
must be sponsored by a Councilperson. Any ordinance or resolution
which affects the administration of any department of the municipal
government shall be submitted to the Mayor for his review and comment
prior to its introduction.
[Amended 7-9-2018 by Ord.
No. 2018-16]
C.
All ordinances approved upon motion of Council or at the request of the Mayor pursuant to Subsection B above shall first be listed for discussion by the Council for the sole purpose of receiving an explanation regarding the purpose and intent of said ordinance. In that regard, debate regarding the ordinance shall not be permitted at this time, but rather shall be reserved for the public hearing of the ordinance. In addition, any ordinance approved by Council by motion to be drafted may also be moved for first reading (introduction) at the same meeting that it is listed for discussion by Council prior to it being introduced upon motion approved by the majority of Council then present at such meeting.
[Added 7-9-2018 by Ord.
No. 2018-16]
A.
An ordinance may be adopted by the Council only by
the affirmative vote of at least a majority of all members of the
Council. Each ordinance shall be published by the Clerk, considered
and adopted by the Council and become effective according to the procedure
prescribed by the Charter.
B.
Resolutions, unless laid over by a majority vote of
the Council, shall be acted upon at the same time at which they are
introduced.
C.
The vote of the Council upon every ordinance and resolution
shall be taken by the Clerk by roll call, and he shall record in the
journal the ayes and nays and not voting or abstains, as the case
may be, on each question put to vote.
D.
Unless a member of the Council who is present states
that he is not voting or abstains, the Clerk shall record him as voting
in the affirmative.
A.
All ordinances shall be introduced, read, heard and
enacted in the manner provided by general law. Each ordinance adopted
by the Council shall be promptly delivered by the Clerk to the Mayor.
Each ordinance shall be returned by the Mayor to the Township Clerk
after the Mayor has affixed his signature thereto or after the expiration
of 10 days from the date of its delivery to the Mayor in any event.
B.
No ordinance, other than the Local Budget Ordinance,
shall take effect less than 20 days after its final passage by 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 the members of the Council vote in favor of such
resolution.
The Council shall reconsider any ordinance returned
by the Mayor within the time permitted by the Charter, together with
a statement setting forth his objections. The recommendations of the
Mayor shall be reconsidered at the next meeting of the Council which
occurs not less than three days following the return of the ordinance
by the Mayor. 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 Township Council on the __________ day of __________, _____,
was delivered to me on the __________ day of __________ together with
the Mayor's statement of reasons for his veto 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).
| |
|---|---|
|
Dated:
| |
|
| |
|
Township Clerk
| |
When 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 Township Council on the__________ day of __________,
_____ and was presented to the Mayor duly certified 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:
| |
|
| |
|
Township Clerk
| |
All reports to the Council and all resolutions
shall be filed with the Township Clerk and entered in the minutes
of the Council.
A.
The compensation of each Councilman shall be $6,000
per annum, unless and until otherwise provided by the Salary Ordinance,
to be paid as all other salaries are paid.
B.
The President of the Council, by reason of his additional
duties, shall receive an additional $1,000 annually, to be paid as
all other salaries are paid.
C.
Where an ordinance provides for an increase, decrease
or alteration in the salaries, wages or compensation to be paid to
elected members of the governing body, the ordinance or that portion
thereof which provides for the increase, decrease or alteration shall
not become operative for any member or members of the governing body
until the first full term following the next respective election thereof.
[Added 1-11-1985 by Ord. No. 36-84]
A.
Where the Council consent of a mayoral appointment
is required by statute, the same shall be read by the Clerk of the
Council or his designee and, unless otherwise ordered, shall be considered
by the Council under new business.
B.
When the appointment is taken up for action, the President
shall put the question on each appointment as follows: "Will the Council
confirm the appointment?" On that motion, a vote shall be ordered.
If five or more members vote to confirm, the President shall announce.
"The appointment is confirmed." If less than five members vote to
confirm, the President shall announce. "The appointment is rejected."
C.
Action by confirmation or rejection upon any appointment
made by the Mayor shall not be postponed or delayed by the Council
longer than for one regular meeting following receipt from the Mayor.
D.
Within two days after confirmation or rejection of
an appointment, the Clerk of the Council shall, in writing, notify
the Mayor of that fact.
E.
In the event that an appointment is rejected, the
Mayor shall, within 90 days of receipt of the rejection, make another
appointment to said position, which shall be considered by the Council
pursuant to this section. The Council may at any time within the ninety-day
period reconsider an appointment which has been rejected.
[Added 8-16-2010 by Ord. No. 2010-23]
The Township Council of the Township of Old Bridge shall not
adopt an ordinance using the Township’s power of eminent domain
to acquire private property against the wishes of the property owner
for private development solely to increase tax ratables or tax revenue
derived from the property, and this power shall only be used by the
Township to acquire private property:
A.
When the
property is to be opened to the public or for the public’s use
or necessary to support a public purpose, including infrastructure;
or
B.
When the
acquisition is necessary to eliminate blight or another existing use
of the property that inflicts an affirmative harm on society; or
C.
Consistent
with New Jersey Supreme Court opinion in Gallenthin.
