The Township of East Brunswick was established in 1860. Since January 1, 1965, the
& 3-8. President and Vice President of Council
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- 3-9. Roll call.
- 3-10 ADMINISTRATION OF GOVERNMENT 3-11 3-10. Quorum.
- 3-11. Order of business. [Amended 4-23-73 by Ord. No. 73-1-U; 2-14-77 by Ord. No. 77-1-XX; 3-11-85 by Ord. No. 85-643; 2-28-94 by Ord. No. 94
- 3-11 EAST BRUNSWICK CODE 3-13
- 3-12. Reading of minutes.
- 3-13. Rules of debate.
- 3-13 ADMINISTRATION OF GOVERNMENT 3-18
- 3-14. Order of vote.
- 3-16. Standing committees.
- 3-17. Manner of addressing Council.
- 3-18. Enforcement of order.
- 3-19 EAST BRUNSWICK CODE 3-20 3-19.
- 3-20. Action after Mayors veto.
- 3-21 ADMINISTRATION OF GOVERNMENT 3-24 3-21. Ordinances not returned by the Mayor.
- 3-22. Matters required to be filed with Clerk.
- 3-23. Appointments.
- 3-23.1. Community Housing Corporation appointments. [Added 10-9-78 by Ord. No. 78-70]
- 3-24. Removal of officers and members of boards and commissions.
- 3-24 EAST BRUNSWICK CODE 3-27
- 3-25. Investigations.
- 3-26. Annual audit.
- 3-27. Attorney to the Township Council. [Amended 12-9-68 by Ord. No. 68-1-G]
- 3-28 ADMINISTRATION OF GOVERNMENT 3-31 3-28. Constables. [Amended 4-14-75 by Ord. No. 75-1-CC]
- 3-29. Smoking at Council meetings prohibited. [Added 1-10-77 by Ord. No.76-1-UU]
- ARTICLE III Clerk 3-30. Appointment; term; qualifications; general powers and duties.
& 3-8. President and Vice President of Council. The Council, at its first meeting on or after January 1 of any year, shall elect a President of the Council from among its members, to serve for a term of one (1) year or until the election and qualification of his/her successor. At the same time the Council may elect a Vice President of the Council, to serve for a period of one (1) year or until the election and qualification of his/her successor, who shall have all of the functions, powers and duties of the President of the Council whenever the President may be absent. In the absence of both the President and Vice President of the Council, the Council shall elect a temporary presiding officer who shall have the functions, powers and duties of the President during his/her absence. Upon the arrival of the President or the Vice President, as the case may be, the officer presiding shall relinquish the Chair immediately upon the conclusion of the particular item of business before the Council. The President of the Council shall preside at its meetings. He/she shall preserve order and decorum at all meetings of the Council. He/she shall state every question coming before the Council, announce the decisions of the Council and decide all questions of order, subject to appeal to the Council. He/she shall appoint all special committees with the advice and consent of the Council and shall sign all ordinances and resolutions adopted by the Council during his/her presence. [Amended 11-12-79 by Ord. No. 79-197.] & 3-9. Roll call. As soon as a meeting is called to order, the Clerk or his Deputy shall alphabetically call the roll of the members, and the names of those present shall be entered in the minutes. 312
12-85 & 3-10 ADMINISTRATION OF GOVERNMENT & 3-11 & 3-10. Quorum. Editor's Note: See N.J.R.S. 104-6 et seq. 2
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 may adjourn any meeting from time to time. & 3-11. Order of business. [Amended 4-23-73 by Ord. No. 73-1-U; 2-14-77 by Ord. No. 77-1-XX; 3-11-85 by Ord. No. 85-643; 2-28-94 by Ord. No. 94- 10] A. The business of the Council at each action meeting shall be taken up for consideration and disposition in the following order [Amended 2-28-94 by Ord. No. 94-10]: (1)
Roll call. (2)
Scheduling public hearings. (3)
Reports of Mayor, administrative officers, boards and committees. (4)
General public discussions. (5)
Consent agenda. (6)
Unfinished business. (7)
New business. (8)
Petitions and communications. (9)
Adjournment. B. Those items on the council agenda which are considered routine by the Municipal Council shall be marked with an asterisk. Prior to voting upon any item on the consent agenda, the Chair shall open the meeting to the public and Council to entertain requests for removal from the consent agenda. There will be no separate discussion of items on the consent agenda unless a Council member or citizen so request, in which event the item will 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, the following: approval of minutes, payment of bill list, conveyances, easements, leases and agreements previously approved in principle and award of bids. 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. If a Council m ember requests the removal of an item from the consent agenda, the Clerk shall read that item by title only, unless the Council member requests that the item be read in its entirety. (Continued on page 314) 313
7-94 & 3-11 EAST BRUNSWICK CODE & 3-13 Once a matter is placed on the consent agenda, there will be no separate discussion of that item. Those items so approved under the consent agenda will appear in the Council
minutes in their complete and proper form. [Amended 3-13-78 by Ord. No. 78-3-A ; 3 4-8-85 by Ord. No. 85-654] & 3-12. Reading of minutes. Unless a reading of the minutes of the previous meeting is requested by a member of the Council, such minutes may be approved without a reading if the Clerk has previously furnished each member with a copy thereof. & 3-13. Rules of debate. A. Presiding officer may debate and vote. The President or such other member of the Council as may be presiding may move, second and debate from the Chair, subject to such limitations of debate as are by these rules imposed on all members, and shall not be deprived of any of the rights and privileges of a Councilman by reason of his acting as the presiding officer. B. Obtaining the floor, improper references to be avoided. Every member desiring to speak shall address the Chair and, upon recognition by the presiding officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language. C. Interruptions. A member, once recognized, shall not be interrupted when speaking unless it is to call him to order or as herein otherwise provided. If a member, while speaking, is called to order, he shall cease speaking until the question of order is determined, and, if in order, he shall be permitted to proceed. D. Privilege of closing debate. The Councilman moving the adoption of an ordinance or resolution shall have the privilege of closing the debate. E. M otion to reconsider. A motion to reconsider any action taken by the Council m ay be made only on the day such action was taken. It may be made either immediately during the same session or at a recessed or adjourned session and may be seconded by any member. It may be made at any time and have precedence over all other motions, and it shall be debatable. Nothing herein shall be construed to prevent any member of the Council from making or remaking the same or any other motion at a subsequent meeting of the Council. F. Synopsis of debate; when entered in minutes. The Clerk shall enter in the minutes a synopsis of the discussion on any question coming before the Council. 314
12-85 & 3-13 ADMINISTRATION OF GOVERNMENT & 3-18 G. Remarks of councilman; when entered in minutes. A Councilman may request, through the Editor's Note: Ordinance No. 78-3-A provided for the deletion of the sentence of this subsection 3 which provided an expiration for the effectiveness of the subsection. Section 3 of Ordinance No. 78-3-A provided as follows: "It is the intent of the East Brunswick Township Council that the ordinance providing for a consent agenda is a permanent part of the Code of the Township of East Brunswick, with no effective expiration date, unless and until further action is taken by the East Brunswick Township Council." presiding officer, the privilege of having an abstract of his statement on any subject under consideration by the Council entered in the minutes. H. Motion to adjourn. A motion to adjourn shall always be in order and shall be decided without debate.
I. Other matters. Any matter not covered by these rules shall be governed by Robert's Rules of Order (Revised).
W henever a roll call vote is necessary, the Council shall vote alphabetically, with the presiding officer voting last.
Voting silence or an abstention shall be construed as a vote with the majority, except where a member disqualifies himself, in which case he shall be considered as absent.
There shall be no standing committees of the Council other than the committee of the whole. The President of the Council shall be the presiding officer of the committee of the whole, and the rules of procedure of the Council shall be observed in the committee of the whole as far as the same may be applicable.
Upon recognition by the Chair, the person shall proceed to the floor and give his name and address in an audible tone of voice for the records. Unless further time is granted by the Council, he shall limit his statement to five (5) minutes. Statements shall be addressed to the Council as a body and not to any member thereof. A Councilman shall not direct any question to a speaker addressing the Council, except through the presiding officer. & 3-18. Enforcement of order. The President of the Council may request the Division of Police to designate a police officer to serve as Sergeant-at-Arms at Council meetings. He shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at Council meetings, and it shall be his duty to place any person under arrest who violates the order and decorum of a meeting and to cause him to be prosecuted under the provisions of this Code upon a complaint signed by the presiding officer. 315
12-85 & 3-19 EAST BRUNSWICK CODE & 3-20 & 3-19. Adoption of ordinances and resolutions. A. All ordinances shall be prepared by the Township Attorney upon direction of the Council or the Mayor. Prior to introduction, each proposed ordinance requiring or permitting administrative action may be submitted to the Administrator and the department head concerned, each of whom shall submit to the Council an opinion as to the administrative implications of the proposed ordinance or resolution. B. An ordinance or resolution may be introduced by any member of the Council. Each ordinance and resolution shall be limited to a single object which shall be expressed in its title. C. All ordinances shall be introduced, read, heard and enacted in the manner provided by general law. Each ordinance passed by the Council shall be promptly delivered by the Clerk to the Mayor, and he shall, within ten (10) days after receiving any ordinance, either approve the ordinance by affixing his signature thereto or return it to the Council by delivering it to the Clerk, together with a statement setting forth his objections thereto or to 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 an ordinance to the Council within ten (10) days after it has been presented to him or unless the Council, upon reconsideration thereof on or after the third day following its return by the Mayor, shall, by a vote of two thirds (2/3) of the members, resolve to override the Mayor's veto. D. No ordinance other than the local Budget Ordinance shall take effect less than twenty (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 two-thirds (2/3) of all members of the Council vote in favor of such resolution. & 3-20. Action after Mayor's veto. W henever 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 Council on the day of , 19 , was delivered to the Mayor on the day of , 19 , and was returned to me on the day of , 19 , together with the Mayor's statement of the reasons for which he was constrained to withhold his approval of such ordinance, item or part thereof. On reconsideration thereof on the day of , 19 (the Council duly resolved by the affirmative vote of 2/3 's of its members to enact such ordinance, item or part thereof notwithstanding the Mayor's veto), or (the Mayor's veto was sustained). Dated:____________________________________________________________
Clerk" 316 12-85
& 3-21 ADMINISTRATION OF GOVERNMENT & 3-24 & 3-21. Ordinances not returned by the Mayor. W henever 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 ten (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 Council on the day of , 19 , and was presented to the Mayor duly certified on the day of , 19 , and upon his failure to sign it or to return and file it with the Clerk within ten days thereafter, the said ordinance took effect in like manner as if the Mayor had signed it. Dated:
Clerk" & 3-22. Matters required to be filed with Clerk. The Council shall file with the Clerk all petitions, resolutions or other papers considered by it on each matter. All reports to the Council and all resolutions shall be filed with the Clerk.
W ith respect to appointments to be made by the Council, any member of the Council may nominate as many candidates as there are offices to be filled. W here there is a single office to be filled, the sense of the Council on the appointment shall be taken as to each nominee, and the nominee receiving a majority shall be deemed appointed. W here there is more than one (1) office to be filled, such as on a board or authority, the same procedure shall be followed with respect to each office separately until the total number of appointments to be made has been completed. In the discretion of the Chair, a group of nominations may be considered at once where there is no apparent division in the Council as to the nominees included in the group.
The East Brunswick Township Council shall have the authority to appoint one (1) person to serve as a trustee on the East Brunswick Community Housing Corporation for a period of two (2) years. The appointee may be a member of the Township Council or a member of the general public. & 3-24. Removal of officers and members of boards and commissions. A. The Council may for cause remove any municipal officer or mem ber of a board or commission for which the Council is required by statute to hold removal hearings, including the Zoning Board of Adjustment, Planning Board, Environmental Commission and Library Board, but the Council shall not have the power to remove the Mayor or a member of 317
1-79 & 3-24 EAST BRUNSWICK CODE & 3-27 Council. Members of all other boards and commissions for which the Council is not required by statute to hold removal hearings shall be notified by the chairpersons of the board or commission, if such member misses two (2) consecutive official meetings without good cause, that such member shall be removed from the board or commission if he or she misses a third meeting without good cause. The member shall have a right to appeal and request a hearing before the entire board or commission, which hearing
and general proceedings shall be conducted under the same terms and provisions governing Council hearings under & 3-24B and C of the Code of the Township of East Brunswick, and such board or commission shall conduct all other hearings on removal of a member for cause. [Amended 9-27-76 by Ord. No. 76-1-QQ] B. The Council shall consider a motion to remove for cause only after removal has been duly proposed and considered at an agenda conference. C. A motion for removal shall set forth the alleged cause for removal, making specific charges, and provide for notice and an opportunity to be heard to the affected officer. The Clerk shall forthwith cause a copy of the motion for removal, together with a statement of the causes and charges involved and notice of the time and place fixed for the hearing, to be served personally or by certified mail upon the officer affected. The hearing shall be held not less than ten (10) days nor more than fifteen (15) days after the date of such service and may be adjourned from time to time. Such hearings shall be open to the public, and the officer charged shall be entitled to be represented by his own counsel. Following the conclusion of the hearing, the presiding officer shall call for a vote on the motion which shall be determined by a majority vote of the Council.
The Council may, in its discretion, require any municipal officer to prepare and submit sworn statements regarding his official duties and the performance thereof, and the Council may otherwise investigate the conduct of any department, officer or agency of the municipal government. & 3-26. Annual audit. The Council shall cause to be made an annual audit of the municipality'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. & 3-27. Attorney to the Township Council. [Amended 12-9-68 by Ord. No. 68-1-G] Notwithstanding the provisions of Article XI, the Township Council, by resolution, may from time to time appoint or retain an attorney, other than the Township Attorney, to advise and represent the Council in its capacity as the legislative body and governing body of the township. No appointment or retainer shall extend beyond the calendar year in which it is made, except that the Council may permit an attorney to continue to represent it in any litigation which continues beyond the end of the calendar year. W henever the Council directs the attorney appointed or retained under this section to represent it in any administrative proceedings or litigation, the Attorney to the Township Council shall be the official representative of the Council, and the Township Attorney's position shall be limited to representing the executive branch of the government. 318 5-82
& 3-28 ADMINISTRATION OF GOVERNMENT & 3-31 & 3-28. Constables. [Amended 4-14-75 by Ord. No. 75-1-CC] A. The Council may from time to time elect Municipal Constables as provided for by law (N.J.R.S. 40:41-34 et seq.). B. The total number of Constables elected shall not exceed five (5), and each shall hold office for a term of three (3) years from the date of their appointment. C. The Constables shall have the powers and duties prescribed by law and, before entering upon the execution of their duties, shall furnish bonds to the municipality in such sums as the Council may deem sufficient. & 3-29. Smoking at Council meetings prohibited. [Added 1-10-77 by Ord. No.76-1-UU] Due to the fact that smoking is a major cause of disease, disability, public nuisance and irritation to smokers and nonsmokers alike, it is hereby provided that smoking shall be prohibited at all meetings of the Township Council and all joint meetings in which the Township Council takes part. Notices shall be posted at all Council meetings and on all Council meeting announcements indicating as follows: "Sm oking Not Permitted During Meetings of Township Council." Any violation of this section shall result in a fine of not more than twenty-five dollars ($25.).
The Council shall appoint a Clerk for the term of three (3) years or until the appointment and qualification of his or her successor. Prior to appointment, the Clerk shall have been qualified by training and experience to perform the duties of office. He or she shall serve as Clerk of the Council and have such other functions, powers and duties as are provided for by the charter and Code.
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