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Borough of Kenilworth, NJ
Union County
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Table of Contents
Table of Contents
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The powers of the Council are those vested by authority of statutory law as enumerated in N.J.S.A. 40A:60-6 and as provided elsewhere in this chapter and amendments thereto.
The Mayor shall preside over all meetings of the Council, which shall organize annually on January 1 or during the first seven days of January in each year.
A. 
The Council shall, at its organizational meeting, elect from its number a President of the Council. He shall hold office for one year until the next organizational election. If the Council fails to elect a President at the designated time, the Mayor shall appoint a President, and no confirmation by the Council shall be necessary.
B. 
It shall be the duty of the President to preside at all meetings of the Council in the absence of the Mayor, but he shall not lose his right to debate or vote on all questions before the Council while presiding.
[Amended 2-28-2017 by Ord. No. 2017-01]
A. 
Open meetings. Any meeting or gathering, including those held by means of electronic communication, attended to by three Council members and the Mayor or four Council members and held with the intent to discuss or act upon specific public business shall be open to the public. All meetings that are open to the public as provided for hereinabove shall have a published agenda which will be as complete as reasonably possible.
B. 
Regular meetings. The Council shall conduct an annual meeting during the first seven days of each year. All Council meetings shall be held within the Borough, with preference to the Municipal Hall. Thereafter, the Council shall meet regularly at 8:00 p.m. or shortly thereafter on the first and third Wednesday of each month, with the exception of the months of July, August, November and December, when the meetings will only occur on the first Wednesday of the month. If the regular meeting of the Council is also a legal holiday, such meeting shall then be held on the next succeeding business day which is not a legal holiday or at such other date and time as the Council may designate.
[Amended 2-9-2022 by Ord. No. 2022-01]
C. 
Work sessions. In recognition that an initial presentation for each subcommittee may facilitate a better understanding of a matter prior to a formal vote, the Council shall hold a meeting for said purpose at 6:00 p.m. just prior to the regular meeting. In addition to the foregoing, the Borough Engineer, Attorney, Clerk and advisory group or person may provide a brief report of their concerns and/or activities at the work session.
[Amended 2-9-2022 by Ord. No. 2022-01]
D. 
Closed executive session. The Council, after a resolution, may exclude the public for any portion of either the regular meeting or work session to discuss any one of the following:
(1) 
Any matter that federal or state law expressly requires it to be confidential;
(2) 
Any matter that a court rule expressly denotes as being confidential;
(3) 
Any matter in which the release would impair the right to receive funds from the United States government;
(4) 
Any matter that constitutes an unwarranted invasion of one's individual privacy if disclosed;
(5) 
Negotiations of terms for collective bargaining agreement;
(6) 
Any matter involving the purchase lease or acquisition of real property or the investment of public funds;
(7) 
Techniques or methods used to protect the safety of the public, including investigations of violations of law;
(8) 
Any pending or anticipated litigation or contract negotiations;
(9) 
Any matter involving employment, appointment, discipline or promotion of a public employee;
(10) 
Deliberation that may result in the imposition penalties or suspension of licenses.
E. 
Public participation. Public participation at Borough meetings is permitted under the control of the presiding officer or his designee who may impose time limits, provided that they are fairly and uniformly applied. A member of the public may be permitted three minutes to talk about any matter of importance to the Borough before being asked to surrender the floor. If any other member of the public should address the same matter and take a materially different position, then the initial individual may be permitted up to one minute to publicly refute any further comments.
Three Councilmen and the Mayor or, in the absence of the Mayor, four Councilmen shall constitute a quorum, but a smaller number may meet and adjourn from time to time.
The vote upon every resolution or ordinance shall be taken by roll call, and the yeas and nays shall be entered on the minutes. After approval at public meetings, the official copy of the minutes of each meeting shall be countersigned by the presiding officer, either the Mayor or the Council President, and by the Clerk.
The rules of procedure to be followed and the rules for the consideration of nominations submitted by the Mayor and for the conduct of other business of the Council shall be as adopted at the annual organizational meeting.