Ordinance No. 11-09

Introduced: March 14, 2011
Public Hearing:
Status: Failed

An ordinance replacing Sections 5-8 of the code of the Township of Vernon, County of Sussex, State of New Jersey regarding ordinance and resolution procedures

NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Township of Vernon, County of Sussex, and State of New Jersey, as follows:

SECTION I Section 5-8 of the Code of the Township of Vernon are hereby amended as follows:

§5-8. Procedure governing ordinances and resolutions.

A. Discussion of Proposed Ordinances. Except where there is an identifiable time deadline or other reason for expedited consideration, any Council Member who request consideration of a new or modified Ordinance shall notify the Manager to place the issue on the next available agenda as a discussion item. When the issue is discussed at a Council Meeting the Council shall give direction to the Manager and/or Attorney as to whether to prepare an Ordinance for Introduction.

B. Preparation and adoption.

  1. Copies of each ordinance and resolution, in typewritten form, shall be made available by the Clerk to each member of the Council at least 7 days prior to introduction, provided that the failure of the Clerk to make such mailing shall not invalidate any action taken by the Council.
  2. Except as may otherwise be provided in the Charter, all ordinances shall be adopted and published, and shall take effect, in the manner required or provided by general law.

C. Review by Manager of proposed administrative ordinance or resolution. Any ordinance or resolution which affects the administration of any department of the Township government shall be submitted to the Manager prior to its introduction, for the Manager’s review and comment.

D. Resolutions. Resolutions, unless laid over by a majority vote of the Council, shall be acted upon at the same meeting at which they are introduced.

E. Voting.

  1. The vote of the Council upon every ordinance and resolution shall be taken by the Clerk by roll call, and the Clerk shall record in the minutes the yes and no votes and abstentions, as the case may be, for each question put to vote.
  2. The effect of an abstention is as follows:
    1. Where a statute or the common law requires a specific, fixed number of actual affirmative votes for a majority, an abstention is considered a negative vote.
    2. Where a Council person is disqualified due to conflict of interest or a personal involvement with the subject to be considered, the abstention is not counted as either a yes or no vote, and the person is not counted for purposes of establishing the quorum for the vote.
    3. Except as provided for in Subsections D (2)(a) and (b), an abstention or failure to vote shall be counted as an affirmative vote.

SECTION II All Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed to the extent of such inconsistencies.

SECTION III If any article, section, subsection, paragraphs, phrase or sentence is, for any reason, held to be unconstitutional or invalid, said article, section, subsection, paragraph, phrase or sentence shall be deemed severable.

SECTION IV This Ordinance shall take effect immediately upon final publication as provided by law.