Understanding Your NJ Government: Town Council Agendas, Ordinances, and Resolutions

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The fifth article in an ongoing series intended to help NJ residents, especially students, understand their local and state government. 

A Town Council Agenda is a blueprint for each meeting and lists what the council plans to discuss or vote on. It’s also a requirement under the Open Public Meetings Act and every town and city is required to publish it 48 hours before the meeting occurs. In Berkeley Heights, as an example, the Township Clerk must certify that the notice of the meeting was sent to the Courier News, Star Ledger and posted on the Township website in order for the meeting to be legal.

Usually, the agenda starts off with a Call to Order, Roll Call, and Flag Salute. It can also indicate a Conference Session for reports or updates, followed by the Regular Agenda where formal votes take place. Before moving to new business (where resolutions and ordinances are passed) the Council votes to approve minutes from the prior meeting.

The most important items on the Agenda include ordinances and resolutions.

Ordinances

An ordinance is a law. It creates, changes or repeals a rule that acts as a law within the town or city. They are used for zoning, redevelopment, taxes, fees, salaries or any item that needs to be part of the town’s permanent code.

Because it’s a law it needs to move through the following process strictly:

• It must be introduced at one meeting, publicly noticed, and adopted at a later meeting after a public hearing.
• The Council votes by roll call.
• It must be signed by the mayor and attested by the clerk.
• It becomes effective twenty days after publication unless a different date is indicated.

In some forms of New Jersey local government ordinances can be challenged by referendum. Under the Faulkner Act residents of municipalities that have adopted initiative/referendum rights may be able to petition to have a newly adopted ordinance put on the ballot for a vote. This process does not apply to all towns. Residents of Berkeley Heights have this right.

In this example Berkeley Heights adopted the Terrace II Redevelopment which was introduced on 10/21 then reviewed by the Planning Board and publicly noticed before final adoption on 11/5.

It permanently changed the zoning and redevelopment terms for those properties.

Once an ordinance is adopted, it becomes part of the Township Code and remains in effect until it is amended, repealed, or overturned by referendum.

Resolutions

A resolution is official action or authorization of the Council but it is not a law. Resolutions are used to express a position by the council or their intent to do something. It’s also used to approve contracts and authorize spending. They take effect immediately after adoption but are not added to the Township Code.

During the November 5, 2025 meeting, the council adopted a series of resolutions numbered 328 through 347, including a bill list approving $1,109,531.59 in payments, budget transfers, a tax refund, a $1.9 million sidewalk construction award and appointments to the volunteer fire department.

Each resolution followed the same format:

• Background statements explaining why the action was needed.
• The “be it resolved” clause authorizing the action.
• Roll call of votes.

The consent agenda is a group of routine resolutions voted on together. It usually includes financial approvals, refunds, and grant amendments. Any council member or resident can ask to have an item removed from the consent agenda for separate discussion.

Not all Towns, Cities or Counties include full copies of resolutions and ordinances. If yours does not, consider advocating for their availability prior to a meeting. There is no good reason to not have them published along with the agenda.

So to sum up the differences between the two:

Ordinances and resolutions are both legally binding but serve different purposes.

An ordinance creates law and becomes part of the municipal code.

A resolution carries out or authorizes an action under existing law.

Ordinances require two readings and a public hearing.

Resolutions are adopted in one meeting and take effect immediately.

Ordinances can sometimes be challenged by voters through the referendum process in Faulkner Act municipalities, but resolutions cannot.

This issue became a controversy in Berkeley Heights when the council approved a lease agreement involving Board of Education property as a resolution. Lease agreements, by law, must be passed by ordinance and passing it by resolution robbed residents of their right to referendum on the issue. While no legal action has been taken to date, the Township is vulnerable to a suit.

Public Comments

Council Meetings allow residents two opportunities to make public comments. One opportunity is limited to agenda items and the other is for anything the resident wants to discuss. Typically, residents are given three minutes to speak during each opportunity.

Where to find Ordinances and Resolutions

Residents can track both through the Township Clerk’s office. Ordinances are published in the municipal code, often through online systems such as eCode360 or Municode. Resolutions are stored in meeting packets, minutes, or by request through the Clerk under the Open Public Records Act. Most towns post full meeting packets and minutes on their websites.

For any issue, three documents tell the full story: the agenda, the minutes, and the final ordinance or resolution. Reading all three shows when an issue was introduced, what was discussed, and how each council member voted.

Understanding how to read a town council agenda, ordinance, and resolution helps residents follow local decisions that affect taxes, development, and services. It shows where public money is going and when residents have a right to speak and, as noted, in some forms of government, voters still have the power to challenge those rules directly through the ballot box.

Full Agenda Packet Used as an Example in this Article

See All Articles in the Series