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Executive Summary
The document outlines the Borough Council's adoption of By-Laws for 2023, aiming to ensure orderly, efficient, and public-friendly performance of official duties. It details governing rules, meeting procedures, officer roles, quorum requirements, and the conduct of council business. The By-Laws cover topics such as voting procedures, establishment of committees, appropriations, and the official seal of the Borough.
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--- Document: Borough Council By-Laws Document ---
RESOLUTION NO. 2023-1.73
OF THE GOVERNING BODY OF
THE BOROUGH OF BLOOMINGDALE
Resolution Adopting 2023 By-Laws
WHEREAS, it is the prerogative of the Borough Council of the Borough of
Bloomingdale (“Borough Council”) to adopt By-Laws for the orderly, efficient and public-
friendly performance of its official duties as the Governing Body of the Borough of
Bloomingdale (“Borough”); and
WHEREAS, the Borough Council hereby finds that the adoption of By-Laws will foster
the orderly, efficient and public-friendly performance of its official duties as the Governing Body
of the Borough;
NOW, THEREFORE, BE IT RESOLVED by the Borough Council that any and all
By-Laws heretofore adopted by the Borough Council be and are hereby repealed; and
BE IT FURTHER RESOLVED that the By-Laws set forth hereinafter be and are
hereby adopted by the Borough Council as the By-Laws governing the proceedings of meetings
of the Borough Council for the calendar year of 2023:
BY-LAWS FOR THE YEAR 2023
OF THE BOROUGH COUNCIL
OF THE BOROUGH OF BLOOMINGDALE
ARTICLE I
Definitions
Section 1.1
The term “Borough” shall mean the Borough of Bloomingdale.
Section 1.2
The term “Borough Clerk” shall mean the Borough Clerk of the Borough of Bloomingdale.
Section 1.3
The term “Committee” shall mean a duly appointed and constituted Standing Committee of the
Borough Council of the Borough of Bloomingdale.
Section 1.4
The term “Council” shall mean the Borough Council of the Borough of Bloomingdale.
Section 1.5
The term “Mayor” shall mean the Mayor of the Borough of Bloomingdale.
Section 1.6
The term “President” shall mean the President of the Borough Council of the Borough of
Bloomingdale.
Section 1.7
The term “President Pro Tem” shall mean the President Pro Tem of the Borough Council of the
Borough of Bloomingdale.
Section 1.8
The term “Select Committee” shall mean a duly appointed and constituted Select Committee of
the Borough Council of the Borough of Bloomingdale.
ARTICLE II
Governing Rules of Order
Except as otherwise provided by provision of the succeeding By-Laws, it is hereby determined
and declared that Robert’s Rules of Order shall be the controlling source of authority for all
matters of procedural governance of all meetings of the Council.
ARTICLE III
Meetings of the Council
Section 3.1
At or prior to its Annual Reorganization Meeting, the Council shall by Resolution establish a
regular schedule of Work Session and Regular Business Meetings of the Council for the
succeeding year. Unless otherwise determined to be necessary and/or appropriate by the
Presiding Officer or by a majority of the full membership of the Council, official business shall
be reserved for transaction at Regular Business Meetings of the Council.
Section 3.2
The Mayor shall have the discretion and authority to call a Special Meeting of the Council by
directing the Borough Clerk to notify in writing the members of the Council of such Special
Meeting.
Section 3.3
Notwithstanding the foregoing, four (4) members of the Council may call a Special Meeting of
the Council by directing the Borough Clerk to serve upon the Mayor and each member of the
Council a written notice signed by each of the four (4) members.
Section 3.4
Any notice of a Special Meeting of the Council shall specify the time, purpose and place within the
Borough of any such Special Meeting and shall be delivered to the Mayor and to each member of
the Council no less than 48 hours prior to the time set forth in said notice.
Section 3.5
Emergency Meetings of the Council shall be convened in accordance with the provisions of the
New Jersey Open Public Meetings Act, N.J.S.A. 10A:4-6, et seq.
Section 3.6
The Mayor or any member of the Council shall have the right to request a recess of any meeting
of the Council for the purpose of convening a caucus.
Section 3.7
The Council shall be permitted to engage in confidential deliberations during its meetings by
convening an “executive session,” which shall not be open to attendance by any person who is
not a member of the Council unless a majority of the members of the Council in attendance
permits any such person to attend any such executive session.
Section 3.8
The subject matter of an executive session shall be limited to such topics as are permitted to be
discussed in confidential deliberations by the New Jersey Open Public Meetings Act, N.J.S.A.
10:4-12(b).
Section 3.9
Provision shall be made for a reasonable period of time for public comment at all meetings of the
Council not otherwise reserved for meetings of committees and/or select committees, including
prior to any vote being taken and recorded on any motion and/or resolution arising or resulting
from an executive session of the Council.
ARTICLE IV
Officers of the Council
Section 4.1
The Presiding Officer shall be responsible for ensuring an orderly and productive flow of
Official Business at meetings of the Council and shall have the authority to render rulings with
respect to matters of procedure and decorum at such meetings.
Section 4.2
A ruling of the Presiding Officer shall control unless a majority of the full membership of the
Council shall, by roll call vote, override any such ruling.
Section 4.3
The Mayor shall serve as the Presiding Officer of all meetings of the Council.
Section 4.4
In the event of the absence of the Mayor from any meeting of the Council, the President shall
serve as the Presiding Officer of any such meeting.
Section 4.5
In the event of the absence of the Mayor and the President from any meeting of the Council, the
President Pro Tem shall serve as the Presiding Officer of any such meeting.
Section 4.6
In the event of the absence of the Mayor, the President and the President Pro Tem from any
meeting of the Council, the members of the majority party shall designate a member of the
Council to serve as the Presiding Officer of any such meeting.
Section 4.7
The Borough Clerk shall be responsible for recording, in writing or by electronic means, the
discussions and votes cast at all meetings of the Council, including executive sessions as
described in Section 3.8.
Section 4.8
In the event of the absence of the Borough Clerk from any meeting of the Council, the Presiding
Officer shall appoint a Clerk Pro Tem for any such meeting.
Section 4.9
The Borough Clerk shall prepare and distribute to the Mayor and to each member of the Council
for review and revision, where appropriate, a draft copy of the minutes compiled of each meeting
of the Council.
Section 4.10
Minutes of the meetings of the Council shall be reviewed, revised and approved by the members
of the Council by no later than at each succeeding month’s Regular Business Meeting of the
Council or as soon thereafter as shall be reasonably practicable to do so.
ARTICLE V
Quorum of the Council
Section 5.1
A quorum shall be necessary to transact official business of the Borough at meetings of the
Council and shall be established when the Mayor and at least three (3) members of the Council
are present, or at least four (4) members of the Council are present.
Section 5.2
A quorum shall no longer exist, and no official business of the Borough shall be conducted, in
the absence of any of the circumstances set forth in Section 5.1.
Section 5.3
Notwithstanding the provisions of Section 5.1 and provided that no quorum is thereby established as
provided in Section 5.1, individual members of the Council shall be permitted to meet to discuss and
debate matters of governance of the Borough, including by attendance at meetings of either
Committees or Select Committees as well as at public or private events.
ARTICLE VI
Business of the Council
Section 6.1
Except as otherwise determined by the Presiding Officer, or a majority of the Borough Council,
the Regular Order of Business at all Regular Session Meetings and Work Session Meetings of
the Council shall be as follows:
(a)
Call to Order by the Presiding Officer (Call to Order)
(b)
Roll Call of Members by the Borough Clerk and Recognition by the Presiding
Officer of Borough Officials in attendance (Roll Call)
(c)
Salute to the American Flag and, whenever appropriate, a Moment of Silence
(Flag Salute)
(d) Announcement of Prior Public Notification of Meeting by the Presiding Officer
(Public Notice Statement)
(e)
Early Executive Session
(f)
Non-Agenda Items
(g)
Early Public Comment per Section 3.9 (Reserved for Agenda Items]
(h)
Presentations to the Council (Presentations)
(i)
Reports of Professionals, Department Heads, Committees and Mayor’s Report
(j)
Approval of Consent Agenda
(k)
Presentation of Pending Business (Pending Business)
(l)
Presentation of New Business (Introduction of New Business)
(m) Late Public Comment (Late Public Comment)
(n) Executive Session
(o)
Introduction and Consideration with Public Comment of Essential Executive
Session Items (Consideration of Executive Session Business with
Public Comment)
(o)
Announcement of Governing Body Meeting Schedule (Governing Body Schedule)
(p)
Adjournment (Adjournment)
Section 6.2
Following the Early Executive Session and upon resumption of the public meeting of the
Council, the Presiding Officer shall indicate what action, if any, is intended to be taken with
respect to any such executive session item by the Council and that such action shall be taken
during that portion of the meeting designated for “Pending Business” unless otherwise indicated.
Section 6.3
At the discretion of the Presiding Officer or by majority consent of those members of the Council
in attendance, a member of the general public may be permitted to speak to a non-agenda item
during the Early Public Comment Period.
Section 6.4
The Consent Agenda shall include any and all items as to which it is determined that there shall
be no need for public discussion by the Council, including, but not limited to, the following:
(a)
Approval of Certified Minutes of Council Meetings
(b)
Internal Communications of Borough Departments and Professionals
(c)
Communications generated and/or received by the Council
(d)
Approval of unanimous resolutions of the Council
Section 6.5
The Mayor or any member of the Council shall be permitted to unilaterally request that any item
be removed from the Consent Agenda and reserved for discussion by the Council during that
portion of its meeting designated for “Introduction of New Business”.
Section 6.6
(a)
Pending Business of the Council shall be presented in the following order:
(1)
Committee Reports by the respective Committee or Select Committee
Chairperson (or, in his absence, by the Ranking Majority Committee Member)
(2)
Council Action based upon the recommendations of the respective
Committee or Select Committee
(b)
Committee Reports and Council Action thereon shall be introduced and
considered by the Council in the following order:
(1)
Select Budget Committee
(2)
Governmental Operations Committee
(3)
Public Health & Safety Committee
(4)
Ordinance Review Committee
(5)
Shared Services Committee
(6)
Grant Writing Committee
(7) Flood Committee
(8)
Public Outreach Committee
(9)
Public Events Committee
(10)
Any other Select Committee
Section 6.7
Council Liaisons and Keypersons shall issue their reports to the Mayor and Council in
accordance with the provisions of Sections 8.9 and 8.11, respectively.
Section 6.8
The Presiding Officer shall have the authority to reserve any portion of the meeting of the
Council, designated for Public Comment, for the presentation and discussion of issues of official
business of the Borough or of the Council.
Section 6.9
The Borough Administrator and the Municipal Clerk shall be responsible for the establishment
and distribution of an agenda in a form consistent with the provisions of Article VI. The Mayor
or any member of the Council shall have the right to place on a meeting agenda and/or to
introduce at a meeting of the Council a matter of Official Business of the Council, provided that
the provisions of Section 3.6 are not violated thereby.
Section 6.10
Nothing herein shall prohibit any dialogue during any Public Comment Period between a citizen
and the Mayor or a member of the Council provided that at all times any such commentary is
directed to and through the Presiding Officer.
Section 6.11
A written agenda of each meeting of the Council shall be prepared and delivered to the Mayor
and to each member of the Council no less than two (2) business days prior to the time
established for such meeting or as reasonably practicable prior to such meeting as circumstances
may otherwise permit.
Section 6.12
Any item requested to be placed on a written meeting agenda shall be submitted no less than
three (3) business days prior to the time established for such meeting, or as reasonably
practicable prior to such meeting as circumstances may otherwise permit.
Section 6.13
Any item not placed on a written meeting agenda may be entertained by the Council upon
majority consent of the Mayor and Council.
ARTICLE VII
Voting of the Council
Section 7.1
Unless otherwise determined by majority consent, and except for matters involving the
expenditure of public funds which shall always be resolved by formal roll call vote, all matters
brought before the Council for decision shall be resolved by a call by the Presiding Officer for a
formal motion and/or resolution, which must be duly seconded to be entitled to a vote and which
only then shall be voted upon by the members of the Council.
Section 7.2
A vote of the Council shall be taken and recorded with respect to a particular motion and/or
resolution whenever a member of the Council “calls the question” on any such motion and/or
resolution.
Section 7.3
Proxy voting shall not be permitted.
Section 7.4
All matters of procedure at meetings of the Council shall be governed by the principle of
unanimous consent and shall be resolved by voice vote of the members of the Council unless
objection from any member is heard, in which event a roll call vote shall be ordered and taken
with respect to such matter upon motion having been duly made and seconded.
Section 7.5
All matters of substantive decision-making of the Council, including matters of general or
special appropriation or expenditure of Borough funds, shall be governed by the principle of
majority rule and shall be recorded by roll call vote of the members of the Council.
Section 7.6
(a)
Voting of members of the Council shall be conducted on a rotating basis, with the first vote
at each Council meeting being taken and recorded in the following order:
(1) Council President
(2) Council President Pro Tem
(3) Ranking Senior Member in terms of longevity on the Council
(4) Next Ranking Member in terms of longevity on the Council
(5) Next Ranking Member in terms of longevity on the Council
(6) Least Ranking Member in terms of longevity on the Council
(b)
In the event that two members both qualify as “Ranking Senior Member” or
“Next Ranking Member”, the order of their voting shall be determined by mutual consent of the
respective members, or in the absence of such mutual consent, then by the Presiding Officer.
(c)
Each succeeding vote shall be taken and recorded by having, on a rotating basis,
the first voting member become the last voting member and each next voting member moving
one position closer to becoming the first voting member.
Section 7.7
When asked to cast a vote, members of the Council shall be permitted the following options:
(a) Yes;
(b) No;
(c) Abstain;
(d) Pass
Section 7.8
A “Yes” vote shall be recorded as an affirmative vote in favor of the motion or resolution as to
which the vote has been taken.
Section 7.9
A “No” vote shall be recorded as a negative vote against the motion or resolution as to which the
vote has been taken.
Section 7.10
A vote of Abstention shall be counted for purposes of establishing a quorum but shall not be
recorded as an affirmative or negative vote.
Section 7.11
A vote of “Pass” shall signify that the Member is not prepared to vote when called upon to do so
and shall the Borough Clerk to recall the member for the purpose of voting once each other
member who has cast a “non-Pass” vote has voted. A member who upon being recalled again
votes by way of a “Pass” shall be recorded as having been “Abstained”.
ARTICLE VIII
Committees & Representatives of the Council
Section 8.1
The Council hereby establishes the following Committees and areas of jurisdictional authority:
(a)
Shared Services Committee: Explores opportunities for the Borough to enter into
shared services agreements with other municipalities and/or governmentally controlled entities to
share municipal services in a cost-effective manner that is beneficial to the residents of the
Borough;
(b)
Governmental Operations Committee: Regulates Borough finances and personnel
matters; reviews proposed ordinances; and monitors procedures and operations of administration,
public works, utilities and Governing Body;
(c)
Ordinance Review Committee: Reviews zoning ordinances, implements Master
Plan and Main Street revitalization, administers business affairs, monitors construction-related
departments and property maintenance;
(d)
Public Health & Safety Committee: Monitors operations of Borough public
health & safety departments, including police department, fire department, board of health and
animal control
(e)
Grant Writing Committee:
Explore opportunities for the Borough to obtain
grants from the County, State and Federal governments, or other public funding sources, and
oversee the preparation of grant applications submitted by the Borough to the appropriate
funding authorities.
(e) Flood Committee
(f) Public Outreach Committee: Committee responsible to connect, inform, and get
feedback from the local community. To create well-informed marketing
campaign/flyers to reach a targeted audience of residents via Social Media Platforms
& the Borough webpage.
(g) Public Events Committee: Coordinate public events for the community
(g) Any Other Select Committee
Section 8.2
(a)
The Council shall create such other Select Committees as it may from time to
time find and determine to be necessary and beneficial to the efficient and effective conduct of
the Official Business of the Borough and operation of the Council.
(b)
The jurisdiction of a Select Committee shall be determined by the Council and, to
the extent permitted, shall supersede the jurisdiction of a Standing Committee with respect to any
issue as to which said Select Committee is given jurisdiction.
Section 8.3
In the event that more than one Committee seeks to exercise jurisdiction over a matter or where
there is uncertainty as to which Committee shall exercise jurisdiction over a matter, then any
such dispute or uncertainty shall be resolved by a majority vote of the full membership of the
Council or, in the absence thereof, by the Presiding Officer.
Section 8.4
Each Committee shall have at least two members but no more than three members, one of whom
shall be appointed as Committee Chairperson. The Mayor may appoint, subject to the advice
and consent of the Council, such Committee members who are not members of the Council as
is determined to be appropriate and in the interest of the citizens of the Borough.
Section 8.5
(a)
Each Committee shall meet at least monthly unless its Chairperson determines
that there is no Official Business of the Borough or of the Council warranting such a meeting.
(b)
Each Select Committee shall meet at such time as its Chairperson or the Presiding
Officer shall determine is necessary to consider Official Business of the Borough falling within
the scope of its jurisdiction.
Section 8.6
All Committees shall maintain a written record of the subject matter discussed and
recommendations made during each Committee meeting, which record shall be prepared and
presented by the Committee Chairperson at the next Work Session Meeting of the Council next
succeeding the Committee meeting to which the report pertains.
Section 8.7
The Mayor shall have the authority to nominate members of the Council for appointment to
Committee or Select Committee positions, which nominations shall be subject to the advice and
consent of the Council by a recorded, roll call, majority vote. In the event that a Mayoral
nominee for a particular position does not receive a majority vote, then any member of the
Council may move another nominee for the same position and, upon obtaining a second for any
such motion, request a recorded, roll call vote of the full membership of the Council.
Section 8.8
The Mayor shall appoint, subject to the advice and consent of the Council, members and/or
designees of the Council to serve as non-voting Liaisons to such municipal boards, commissions
and/or committees and to such civic, business, governmental or other entities as may be
determined to be in the best interests of the Borough and/or the Council.
Section 8.9
A Council Liaison shall be responsible for communicating, and establishing a good-working
relationship, with those entities as to which such liaison may serve and shall regularly report any
and all activities of such entities to the Mayor and Council.
Section 8.10
The Mayor shall appoint, subject to the advice and consent of the Council, members of the
Council to serve as Keypersons with respect to such matters of importance to the Borough or to
the Council as may be determined to be necessary to effectuate the work of the Borough and/or
the Council.
Section 8.11
A Council Keyperson shall be responsible for monitoring all matters to which he shall have been
assigned and for regularly reporting upon the same to the Mayor and Council.
Section 8.12
The Mayor shall have the authority to make nominations with respect to other positions the
appointment of which is not otherwise provided for by State Statute or Borough Ordinance,
subject to the provisions of Section 8.7.
ARTICLE IX
Appropriations by the Council
Section 9.1
Bills, invoices or other claims for payment by the Borough shall be considered for such payment
by the Council in accordance with Borough Code and State Law.
Section 9.2
Each resolution directing the payment of any bill, invoice or other claim for payment shall be
deemed to require that the Borough Treasurer must certify the availability of funding before any
such bill, invoice or other claim for payment can be satisfied.
Section 9.3
Any member of the Governing Body that has any connection, i.e. business, personal, familial,
shall recuse him/herself from voting on any payments or approval for purchases.
ARTICLE X
Official Seal of the Borough
Section 10.1
The Official Seal of the Borough shall be circular in form and shall contain the following
information:
THE BOROUGH OF BLOOMINGDALE
1918
PASSAIC COUNTY, NEW JERSEY
Section 10.2
The Borough Clerk shall maintain custody of the Official Seal of the Borough, which shall be
affixed by the Borough Clerk to all documents upon which the Official Seal is legally required to
be affixed as well as upon any other such documents as the Council may from time to time so
direct be affixed with the Official Seal.
ARTICLE XI
Amendment of the By-Laws
Section 11.1
The By-Laws set forth herein shall not be amended or otherwise altered except as permitted
herein.
Section 11.2
The By-Laws set forth herein shall not be amended or otherwise altered except upon a two-thirds
(2/3) vote of the full membership of the Council.
Record of Council Vote on Passage
COUNCIL PERSON
AYE
NAY
Abstain
Absent
COUNCIL PERSON
AYE
NAY
Abstain
Absent
Catalano
X
Dellaripa
X
Graziano
X
Schubert
X
Hudson
X
Yazdi
X
I hereby certify that the foregoing is a true copy of a Resolution adopted by the Governing Body of the Borough of Bloomingdale
at an Official Meeting held on January 3, 2023.
___________________________________
Breeanna Smith, RMC
Municipal Clerk, Borough of Bloomingdale
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Breeanna Smith
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