The Council-Manager Plan (NJSA 40:69A-81 to 40:69A-98)

The Mayor and Council are the policy makers for the Township are elected by the people of the Township. The Manager, while the Chief Executive and Administrative Officer of the municipality, is appointed by the Mayor and Council and can be suspended and removed by a majority vote of the Mayor and Council. The Manager’s function is to carry out the will of the Mayor and Council.

The Mayor and Council under the Council-Manager Plan

Under the Faulkner Act, the following options are followed by the Township of Franklin:

1. Basis of Election: Partisan Elections in November.

2. Election of Mayor: By the voters.

3. Size and Structure of the Council: Nine Members: 1-Mayor; 3-At-Large Council Members; 5-Ward Council Members. Terms of Office: 4-years terms staggered.

The power and function of the Mayor and Council in the Council-Manager plan is as follows: All powers of the municipality and the determination of all matters of policy shall be vested in the municipal council, except as otherwise provided by the Faulkner Act, or by general law.

The Mayor under the Council-Manager Plan

In the Council-Manager plan the Mayor is a member of Council. He is elected by the people for a four-year term (this seat was previously designated as an at-large council seat).

The Mayor’s duties are as follows: 

• Presides over the Council and, as a member, has a voice and vote in its proceedings. 
• Appoints the trustees of the public library 
• Has no executive powers; he is simply the primus inter pares, The first among equals on the council.

The Manager in the Council-Manager Plan

The Manager serves an indefinite term, and can be suspended and removed by a majority vote of the Council, provided that the correct procedures are followed. The Manager has the following functions:

• Chief Executive and Administrative Official of the Township; 
• Appoints and Removes all Department Heads and all other officers and employees (Except the Municipal Clerk and the Tax Assessor who are appointed by Council);
• Investigate any officer or department of the Township;
• Attend all meetings of the Council with the right to take part in discussion, but without the right to vote;
• Recommend necessary or expedient measure to the Council;
• Negotiates contracts for the Township, subject to Council approval;
• Sees that all contract and franchise terms are kept and performed;
• Prepares the municipal budget;
• Advises Council as to the financial condition of the Township;
• Makes an annual report to Council; and 
• Makes such other reports as the Council requires

Common Terms

Township Council – The Township is charted under the Optional Municipal Charter Act as Council- Manager, Plan D. The Township Council consists of nine members – one (1) Mayor elected from the Township at large, five (5) elected for each of the five (5) wards and three (3) elected from the Township at large.

The Mayor serves as the Presiding Officer. The Deputy Mayor serves in the Mayor’s absence.

The Council’s power consists of adopting ordinances; reviewing, revising and adopting the budget; levying taxes; authorizing bond issues and establishing general municipal policies.

The Council has the power to initiate hearings for the purpose of gathering information, airing public problems and supervising the spending of its appropriations.

Work Session/Regular Meeting – The Township Council meets at 7:00 p.m. on the 2^nd and 4^th Tuesdays of the month at the Municipal Building, 475 DeMott Lane. These meetings are open to the` public and public input on any subject is accepted. Exceptions to Meeting Schedule – Meetings are not held on the 4^th Tuesday of the month in July, August and December. The Work Session is held at the beginning of the meeting to discuss various discussion items. After Council Discussion Items, the Regular Meeting begins and formal actions by Council are taken.

Agenda – An outline of the items to be discussed or acted upon at a meeting.

Consent Agenda –Items are considered and enacted with a single motion. All items on the Consent Agenda have been reviewed in advance by Council. Any Council Member may request that an item be removed from the consent agenda and discussed separately.

Council Discussion Items – These are matters or issues discussed by Council during the Work Session portion of the meeting. Matters include proposed Township policies and ordinances.

Executive Session – In certain instances, the law permits meetings that are closed to the public. The Council is permitted by law to discuss personnel matters, contracts and litigation during these closed sessions. Minutes of these proceedings are made available to the public once the matter under discussion is concluded.

Ordinances – The term “Ordinance” means and includes any act or regulation of the Township Council required to be reduced to writing and read at more than one meeting and published. Ordinances are first listed on the agenda for Introduction where the ordinance is read by title; adopted on first reading and a public hearing is scheduled. The public hearing of an ordinance is usually held two meetings later. After the public hearing is held, Council votes on the adoption of the ordinance.

Public Discussion – The portion of the meeting where members of the public can speak to the Township Council on any matter of concern.

Quorum – The number representing the majority of members of Council that when duly assembled is legally competent to transact business. A quorum of the Township Council is 5 members.

Rules of Order – These are procedures that guide the conduct of a meeting. Depending on the item under consideration, the Council may take action by adopting a resolution or ordinance, passing a motion or simply through a consensus, or “roll call” of agreement. Roberts Rules of Order is used as a guide.

Resolution – An action of the Township Council that is put into writing and may be adopted at the same time it is introduced. Council resolutions deal wit the expenditure of funds, issuance of licenses, award of contracts, implementation of Township policies, among other matters.

Warrants –Listing of all bills to be approved for payment by Council.