HomeAgenciesDepartments »

Mayor and Council

Robert H. Conley, Mayor
(973) 593-3038
Hartley Dodge Memorial Building
50 Kings Road
Madison, NJ 07940 (map)

CHAPTER A236 BOROUGH COUNCIL BYLAWS 

[HISTORY: Adopted by the Mayor and Council of the Borough of Madison 5-12-1952 by resolution, as revised through 12-13-1993 by Res. No. R156-93. Subsequent amendments noted where applicable.]

§ A236-1 Rules of order. 

The deliberation of the Council shall be governed by Roberts Rules of Order.

§ A236-2 Mayor. 

A. 

The Mayor shall preside over the deliberations of the Council, prepare the agenda therefor and conduct the meetings thereof. He or she shall also participate in the determination of borough affairs to the extent permitted by statute. (See: N.J.S.A. 40:87-31 et seq. and N.J.S.A. 40:88-1.

Editor's Note: N.J.S.A. 40:87-31 was repealed by L. 1987, c. 379, § 1, effective January 1, 1988; see now N.J.S.A. 40A:60-5. N.J.S.A. 40:88-1 was repealed by L. 1987, c. 379, § 1, effective January 1, 1988; see now N.J.S.A. 40A:60-3 and 40A:60-5.

)

B. 

He or she shall on all occasions preserve the strictest order and decorum, and he or she shall cause the removal of all persons who interrupt the orderly proceedings of the Council.

C. 

When two or more Council members shall rise at the same time, he or she shall name the one entitled to the floor.

D. 

He or she shall decide all questions of order without debate, subject to an appeal to the Counsel, and he or she may call upon the Counsel for the opinion of the Counsel upon any question of order.

E. 

He or she shall be an ex-officio member of all committees and shall be informed in advance of all meetings of such committees.

F. 

The Mayor shall serve as the liaison between the governing body and all boards, committees, agencies or organizations except as herein assigned to a specific Council member for liaison purposes, and except that he or she shall serve as the liaison between the governing body and the Trustees of the Hartley Dodge Memorial.

G. 

In the absence of the Mayor, or if he or she is unable to perform his or her duties, the Council President (or, in his or her inability to act, the Council Member having the longest continuous term as such) shall act as Mayor, as provided by statute. (See: N.J.S.A. 40:88-3.

Editor's Note: N.J.S.A. 40:88-3 was repealed by L.1987, c. 379, § 1, effective 1-1-1988; see now N.J.S.A. 40A:60-5.

)

H. 

The Mayor shall submit to the Council the names of all persons to be proposed for appointment to any board, body, agency or committee and requiring the Council's confirmation at least 15 days prior to the date of the second regular public meeting of the Council after the office becomes vacant. If the Mayor fails to submit such nominee within said time period, or the Council fails to confirm any nomination made by the Mayor, the Council shall make the appointment.

§ A236-3 Borough Clerk. 

A. 

The Clerk shall perform the duties enjoined upon him or her by the Revised Statutes of New Jersey and these bylaws. (See: N.J.S.A. 40:87-54 et seq.

Editor's Note: N.J.S.A. 40:87-54 et seq. was repealed by L.1987, c. 379, § 1, effective 1-1-1988; see now N.J.S.A. 40A:60-1.

)

B. 

He or she shall keep the minutes and ordinance books properly and fully indexed and shall perform all duties usually devolving upon such officer and, in addition, such other duties or services as the Mayor or Council may direct.

C. 

Upon the introduction of an ordinance, the same shall be properly numbered and recorded at length by the Borough Clerk in the ordinance book. The assigned number shall appear in the advertisement of such ordinance.

§ A236-4 Borough Administrator. 

The Borough Administrator shall perform such duties as are set forth in Chapter 4 of the Code of the Borough of Madison.

§ A236-5 Meetings. 

A. 

The Council shall hold an annual reorganization meeting within the first seven days of the New Year on a date determined by the prior year's Council.

B. 

At the aforesaid meeting, the Council shall by resolution establish a schedule setting forth the time and place for holding regular public meetings and work meetings during the ensuing year, which schedule shall not be changed except by resolution. However, the Mayor, with consent of the Council President or three Council members if the Council President is unavailable, shall have authority to cancel any scheduled work meetings. Notice of the aforesaid meetings schedule and any revision thereto shall be provided in accordance with the Open Public Meetings Act.

Editor's Note: See N.J.S.A. 10:4-6 et seq.

C. 

At the annual meeting, the Council will elect one of its members as Council President to serve for the calendar year. (See: N.J.S.A. 40:88-2 and 40:88-3.

Editor's Note: N.J.S.A. 40:88-2 and 40:88-3 were repealed by L.1987, c. 379, § 1, effective 1-1-1988; see now N.J.S.A. 40A: 60-3 and 40A:60-5.

)

D. 

The Mayor shall, when necessary, call special meetings of the Council in accordance with the Open Public Meetings Act; in case of his or her neglect or refusal, any four members of the Council may call such meeting at such time and place in such borough as they may designate, and in all cases of special meetings, reasonable advance notice, considered to be 48 hours, except in case of emergency, shall be given in person to all members of the Council or left at their place of residence. (See: N.J.S.A. 40:48-24.)

E. 

A quorum shall be as provided by the Revised Statutes of New Jersey, viz.: three Council members and the Mayor, and in the absence of the Mayor, four Council members. (See N.J.S.A. 40:88-1.

Editor's Note: Repealed by L.1987, c. 379, § 1, effective 1-1-1988; see now N.J.S.A. 40A:60-3 and 40A:60-5.

)

F. 

If no quorum shall be present at any meeting, those assembled shall have power and are hereby authorized to set a new meeting date and then adjourn.

G. 

Order of business. The following order of business shall be followed at regular meetings of the Council:

[Amended 12-12-1994; 1-27-2003 by Res. No. 33-2003]

(1) 

Work session.

(a) 

Call to order.

(b) 

Statement in compliance with the Open Public Meetings Act.

Editor's Note: See N.J.S.A. 10:4-6 et seq.

(c) 

Roll call.

(d) 

Agenda review.

(e) 

Reading of closed session resolution certifying that items to be discussed are authorized by law (if necessary).

(f) 

Closed session agenda review (if necessary).

(g) 

Adjournment of work session.

(2) 

Public session.

(a) 

Call to order, reconvene with (all) members present.

(b) 

Pledge of Allegiance.

(c) 

Approval of minutes.

(d) 

Greeting to public.

(e) 

Reports from committees.

(f) 

Presentation of communications, petitions, etc.

(g) 

Advertised hearings.

(h) 

Introduction of ordinances.

(i) 

Invitation for discussion by the public.

(j) 

Resolutions.

(k) 

Unfinished business.

(l) 

Approval of vouchers.

(m) 

New business.

(n) 

Adjournment.

H. 

The aforesaid order of business at any such regular meeting may be changed by a majority vote of the members of the Council present at such meeting.

[Amended 12-12-1994; 1-27-2003 by Res. No. 33-2003]

I. 

The Mayor shall prepare an agenda for all meetings of the Council. Any Council member may add items to the agenda by requesting, in writing, at least seven days prior to the meeting. Any item may be added to the agenda of any work session by vote of a majority of the Council members present during the session.

[Amended 1-27-2003 by Res. No. 33-2003]

J. 

Except as otherwise required by the statutes or specifically provided in these bylaws, all action of the Council shall be by a majority vote of those present.

[Amended 1-27-2003 by Res. No. 33-2003]

K. 

Upon demand of one member of the Council, or when ordered by the Mayor, or when directed by statute, a roll call vote shall be taken and the yeas and nays entered in the minutes of the meeting.

[Amended 1-27-2003 by Res. No. 33-2003]

L. 

Regular meetings shall be held on the second and fourth Monday of each month. For the limited purposes as are set forth below, a regular meeting may be held each Monday night of the year, except on the third Monday of each month. On those Mondays which are national or state holidays, the meeting shall be held on Wednesday night pursuant to the New Jersey Open Public Meetings Act.

Editor's Note: See N.J.S.A. 10:4-6 et seq.

[Amended 1-27-2003 by Res. No. 33-2003]

M. 

All Council meetings, including any closed sessions that may be held, shall end by 11:00 p.m. unless a majority of the Council agrees at or during a meeting to extend the meeting beyond 11:00 p.m. Such vote to extend the meeting shall be taken at 10:45 p.m.

[Amended 1-27-2003 by Res. No. 33-2003]

§ A236-6 Council responsibilities. 

A. 

In order to define areas of Council responsibility, the municipal operations of the Borough of Madison shall be divided as follows:

(1) 

Finance and Borough Clerk.

(2) 

Public safety.

(3) 

Utilities.

(4) 

Public works and engineering.

(5) 

Health and public assistance.

(6) 

Community affairs.

B. 

The Mayor, with the approval of the Council, shall appoint two Council Members, one of which is to be the Chairperson having responsibilities as outlined in Subsection C of this section and the various subsections of § A236-7 to each of the subdivisions set forth in Subsection A hereinabove.

C. 

The Council Chairpersons are appointed to expedite and facilitate the work of the Council, but only within statutory limits as the entire Council is held responsible for any and all of its acts:

(1) 

A Council Chairperson shall:

(a) 

Coordinate, through the department head and in conjunction with the Borough Administrator, Council policy within his or her area of responsibility.

(b) 

In conjunction with the Borough Administrator and the department head, plan, study and review proposed budgets within his or her area of responsibility.

(c) 

In conjunction with the Borough Administrator and the department head, plan, study and review proposed projects within his or her own area of responsibility.

(d) 

In conjunction with the Borough Administrator and the department head, make reports and recommendations to the Council regarding his or her area of responsibility.

(e) 

In conjunction with the Borough Administrator, department head and Borough Attorney, draft resolutions and ordinances implementing recommended action in his or her area of responsibility.

(f) 

Perform such acts as may be assigned to him or her by the Council.

(2) 

Except as provided above, a Council Chairperson shall not:

(a) 

Make promises or commitments to anyone which directly or by inference tend to bind the Council.

(b) 

Act in such a manner or make decisions which set a precedent or violate established Council policy.

(c) 

Conduct formal hearings or inquiries regarding any Council area of responsibility unless specifically authorized by a majority of Council present.

D. 

In case of death, resignation, removal from office or incapacity to serve of any Council Chairperson, the Mayor shall name the successor Chairperson, subject to the approval of the Council. The Mayor may, with the approval of a majority of the Council, change existing assignments when it is in the best interests of the borough to do so.

E. 

A Council Chairperson shall be prepared to report to the Mayor and Council at each regular meeting on the activities and achievements of his or her area of responsibility.

F. 

The Council shall appoint two Council Members to serve as Finance Chairperson or Vice Chairperson and Operations Chairperson or Vice Chairperson of the Madison-Chatham Joint Meeting.

§ A236-7 Powers and duties of Council Chairperson. 

A. 

The Finance Chairperson shall have responsibilities for the following described activities and matters:

(1) 

The Borough Clerk and his or her office.

(2) 

The Finance Director and his or her office.

(3) 

The Tax Assessor's office.

(4) 

Library appropriations.

(5) 

The Tax Collector's office.

B. 

Public Safety Chairperson.

(1) 

The Public Safety Chairperson shall have responsibility for the following described activities and matters:

(a) 

The Police Department.

(b) 

The Fire Department.

(c) 

The court and civil defense.

(2) 

He or she shall also serve as the liaison between the Council and public transportation corporations or agencies and all organizations or agencies concerned with public safety or juvenile delinquency.

C. 

Community Affairs Chairperson.

(1) 

The Community Affairs Chairperson shall have responsibility for the following described activities and matters:

(a) 

Recreation activities conducted at borough expense.

(b) 

Council public relations to the press.

(2) 

He or she shall also serve as the liaison between the Council and the following:

(a) 

(Reserved)

Editor's Note: Former § A236-7C(2)(a), Recreation Advisory Committee, was repealed 3-10-1997 by Res. No. 34-97.

(b) 

The Madison Community House.

(c) 

Patriotic celebrations financed wholly in or part by public funds.

(d) 

Downtown Development Commission.

(e) 

Senior citizens.

(f) 

Chamber of Commerce.

D. 

Health and Public Assistance Chairperson.

(1) 

The Health and Public Assistance Chairperson shall have responsibility for the following described activities and matters:

(a) 

Public health.

(b) 

Public assistance activities.

(c) 

Sanitation inspection activities.

(2) 

He or she shall also serve as the liaison between the Council, the Board of Health and other organizations or agencies concerned with public health and/or welfare.

E. 

The Public Works and Engineering Chairperson shall have responsibility for the following described activities and matters:

(1) 

Road and sewer construction, improvement, maintenance and cleaning, including street openings.

(2) 

Construction and maintenance of sidewalks and curbs.

(3) 

Maintenance and operation of the Municipal Garage.

(4) 

Maintenance of vehicles and other mechanical equipment as assigned.

(5) 

Maintenance, cleaning, improvement and construction of all municipal parks and parking lots.

(6) 

Solid waste collection and disposal.

(7) 

Planning and maintenance of shade trees.

[Amended 3-10-1997 by Res. No. 34-97]

(8) 

The Borough Engineer and Engineering Administrator and their offices.

(9) 

Public buildings.

(10) 

Administrative Official - zoning and planning.

(11) 

Building Code Official.

(12) 

Zone Enforcement Official.

(13) 

Recycling.

(14) 

Parks usage and planning.

(15) 

(Reserved)

Editor's Note: Former § 236-7E(15), Liaison to Parks Advisory Committee, was repealed 3-10-1997 by Res. No. 34-97.

F. 

The Utilities Department Chairperson shall have responsibility for the following described activities and matters:

(1) 

The water utility.

(2) 

The electrical utility.

(3) 

Serve as Operations Chairperson or Vice Chairperson of the Madison-Chatham Joint Meeting, but the Utilities Chairperson may designate the second Council member appointed to utilities to serve as Utilities Chairperson or Vice Chairperson of the Madison-Chatham Joint Meeting.

§ A236-8 Special committees. 

A. 

Special Committees may be appointed by the Mayor from time to time as the need arises and need not include members of the Council.

B. 

The Mayor shall appoint all such committees and the Chairpersons thereof, subject to the approval of the Council, and shall be a member, ex-officio, of each such committee. In addition, he or she shall see that all matters referred to the committees are acted upon and reported promptly.

C. 

In case of death, resignation, removal from office or incapacity to serve of any Committee Chairperson, the Mayor shall name the successor Chairperson, subject to the approval of the Council. The Mayor may, with the approval of the majority of the Council, change existing committee assignments and/or chairperson when it is in the best interests of the borough to do so.

D. 

The Chairperson of each Special Committee shall report, as the Mayor or Council may direct, to the Mayor and Council.