Advanced Municipal Clerk Flashcards
1
Q
State Agencies to Interact with
A
Department of Community Affairs- Division of Local Government Services - Financial and Managerial Assistance
Division of Housing - Housing INspection
Department of Treasury-Division of Pensions (pension reporting) Division o fTaxation - (tax assessment management
Division o fElections
Division of Alcoholic Beverage Control
Legalized Games of Chance Control Commission
Division of Archives and Records Management
2
Q
This organization assists with financial regulation and budget assistance
A
Division of Local Government Services
3
Q
4 principal responsibilities of LGS
A
- regulation of municipal, county and authority finances
- prividing technical assistance to local governments and authorities in developing and strengthening managerial planning and financial competence
- research in local government finance and operations, including the distribution of data
- administration of various state grant and aid programs
4
Q
State Statute on Local Public Contracts Law
A
N.J.S.A 40A:11-1 et seq
5
Q
Public Contracts Law Rules
A
N.J.A.C 5:30-5.1 et seq
6
Q
Aggregate
A
the sumes expended or to be expended for the purchae of any goods or services dealing with the same immediate purpose or task, or the furnishing of similar goods or services, over the course of a contract awarded by a contracting agent.
7
Q
Bid threshold definition
A
the dollar amount set by law, above which a contracting unit shall advertise for and receive sealed bids in accordance with procedures set forth in law.
8
Q
the amount of the bid threshold
A
$17,500
9
Q
The amount if the Purchasing Agent is Qualified
A
$36,000
10
Q
who and how to award contracts exceeding bid threshold
A
Only by a Governing Body, by resolution can award a fair and open contract in excess of $17,500
11
Q
Similar goods and services cannot or must be aggregated and contracts must or must not be split for the purpose of staying under the bid threshold
A
Must be aggregated and contract must NOT be split
12
Q
In Emergency purchases, what is a requirement
A
A formal chain of command
13
Q
define the parameter of competitive quotes
A
Contracts below the bid threshold but 15% or more of that amount, the contracting unite must solicit 2 competitive quotes
14
Q
when do pay-to-play requirements come into play
A
$17,500
15
Q
Statutory Authorization on contracts
A
- can not exceed 24 consecutive months
2 professional service contracts can only be awarded for a period not to exceed 12 months
16
Q
Explain the bid process
A
- advertise in newspaper - no less than 10 days (exception -
- Notice to Open Bids
17
Q
A governing body must award a contract or reject all bids within ……days
A
60
18
Q
After awarding a contract, it must be signed within how many days
A
21
19
Q
State Statute for regular, general Bong Ordinance
A
N.J.S.A 40A:2
20
Q
The 2 ways in which Capital projects are paid
A
- Capital Improvement Fund
2. The sale of municipal bonds or notes
21
Q
Procedure for Bond Adoption
A
- first ready by title only
- legal advertising
- ordinance posting
- notorized affidavit of publication with newspaper
- Amendment (if necessary)
- Down payment reuirement
- public hearing
- Final adoption - at least 10 days after first reading by roll call, by 2/3s of full membership. publication of bond ordinance in full or by summary together with the estoppel statement
- Effective Date 20 days after first publication of the notice of final adoption
- Upon adoption , Bond Counsel will require the municipal clerk to submit affidavits of publication, certified copies of minutes, affidavits that no protests have been filed.
22
Q
Terms for the estoppel
A
upon notice of final adoption by the municipal clerk, the public has 20 days to file a petition sign by no less than 15% of votes cast in the municipality at the last general election at which members of the General Assembly were elected.
23
Q
Effective Date of a Bond Ordinance
A
20 days after first publication
24
Q
Temporary budget appropriations
A
- adopted by resolution within first 30 days of the budget year
- shall not exceed 26.25%
25
Annual Budget Calendar
Calendar Fiscal Year - jan 1 - dec 31
| State Fiscal Year - july 1 - june 30
26
Budget procedure
1. introduction and approval (2 readings, approved, amended or adopted by resolution), within 3 days, 3 certified copies of the approved budget are sent to the director
2. Advertise at least 10 days before public hearing
3. Public hearing no less than 28 days after introduction of the budget
4. Adoption -can not be adopted w/o director approval,
5. adoption no later than march 20 (cy) or september 20 (fy)
27
Appropriation transfers
allowed during the last 2 months of the fiscal year by resolution, and adopted by 2/3rds vote, or during the first 3 months of a succeeding year
28
Unexpended Balances
may be cancelled before the end of teh fiscal year by resolution
2. automatically cancelled at teh end of the next succeeding fiscal year, these go into surplus
29
Special Item of revenue
Chapter 159
30
must be enrolled in Pension System if:
at least $1500 per year,
full-time position,
not a member of another retirement system
31
PFRS retire can be hired in active membership if
1. must be off payroll for at least 30 days
| 2. does not exceed $15,000
32
Types of retirement
1. Service retirement -55+ w/ no minimum years of service
2. special retirement - any age w/ 25 years or more
3. deferred retirement - 10+ years but not 55 years of age
4. ordinary disability retirement - 4 or more years of service, deemed totally and permanently incapacitated
5. Accidental Disability Retirement - enrolled in the retirement system on or before the date of the traumatic event
33
Service retirement
55+ w/ no minimum years of service
34
special retirement
any age w/ 25 years or more
35
deferred retirement
10+ years but not 55 years of age
36
ordinary disability retirement
4 or more years of service, deemed totally and permanently incapacitated
37
Accidental Disability Retirement
enrolled in the retirement system on or before the date of the traumatic event
38
PERS
1. service retirement - 60_, no minimum years of service
| 2. early retirement - less than 60yrs old, but w/ 25 years of service
39
What is PERC and what is the structure and role?-
Public Employees Relation Commision.
7 member board - 2 represent public employers, 2 represent public employee orgs, 3 are public members
-The role is to ensure a fair process for selecting a bargaining unit
40
What is an Agency shop?
an eligible, nonparticipating union member pays 85% of union dues because he/she is still represented by the bargaining unit
41
PERC negotiable and non-negotiable items
salaries
hours of employment
conditions of employment
non-negotiable items
slate of officers for municipality
pensions
state health benefits system
42
Impasse procedure
1. mediation
2. fact finding
3. continued negotiation
4. arbitration setting
43
PACO
public agency compliance officer
44
LOSAP
Length Of Service Award Program
-if no fire district, adopted by ordinance
If fire district, by resolution and ratified at fire district election
45
Tuition credit program
$2500, eligible after four years, with a C grade
46
What program oversees bloodborne pathogens?
OSHA Occupational Safety and Health Administration
47
What is the mandated plan by OSHA?
Exposure Control Plan - determines each employees potential exposure
2. offer the Hepatitis B vaccinations within 10 days of employment
3. provide employee training and communication of hazards at the time of their initial employment - repeated annually
48
PERS
Public Employee Retirement System
49
Tort Claim
90 days to file
50
LOSAP
Length of Service Award Program - established by ordinance after ratified at General Election and put into next years budget
51
Date to notify contaminated sites in new jersey
By August 31 by DEP
52
The process to sell a piece of property
For REal Property, Capital Improvements and Personal Property -
Notice has to be done. Advertise 2 times, for 2 consecutive weeks, and the last publication is no later than 7 days before sale
53
Conditions of protected tenants
1. senior citizens - 62yrs old, renting for at least 1 year, and income does not exceed 3 times the county per capita income
2. Disables persons - totally and permanently disabled, or honorably discharged at 60%
54
Duration of protected tenant
40 years
55
Condo Conversion
1. landlord gives letter of intent to convert retal to a condo
2. tenants have 60 days to complete the application
3. municipality determines eligibility by 30 days of receipt of application, hearing within 10 days of determination
56
Certificate of Registration
If owner is not a resident of the county, they must name a managing agent who resides in the county
57
Blanket Bond Coverage - covers...
provided by the Joint Insurance Fund in lieu of an individual bond as to any officer or employee required by aw to be bonded, including treasureers and tax collectors and municipal court judges
58
Local Ethics Law
1. due April 30
2. government officers must file financial disclosure forms
3. government officers file within 30 days of taking office
59
Municipality can create own ethics Board
6 members, must be residents
| 2 public, no more than 3 of the same political party
60
Who are responsible for Assessment searches?
Municipal Clerk or Municipal Engineer
61
cost of assessment search
$10, and certificate provided within 15 days
62
Municipal Clerk is
not part of a union - confidential employee
63
Certificate of Zoning Development
Filed with County Planning within 30 days
64
Who received appeals of D Use Variance?
The Governing Body
65
Statute for Municipal Land Use Law
NJSA 40:55D
66
Right To Know - how often?
once every 5 years
67
timeframe of a zoning permit
10 days to approve or deny a zoning permit, failure to grant is deemed and approval. If there is a Master Plan in place, the zoning board has 35 day
68
Length of time to advertise proposed zoning ordinance
10 days
69
conditions of a property within 200 feet of adjoining municipality
copy of ordinance sent to county planning board and municipal clerk of adjoining municipality (if within 200 ft). sent via personal service or certified mail
70
Master Plan revisited every
10 years
71
who can not participate in PERC?
1. confidential employees
2. elected officials
3. managerial employees
72
Parliamentary Procedures
PMS Is Special
1. Privileged
2. Main
3. Subsidiary - deals with main motion
4. Incidental - questions of procedure arising out of another pending motion or another motion or item of business
5. Special
73
Examples of Incidental Motions
1. division of question
2. division of the assembly
3. withdraw or modify a motion
4. object to consideration
5. point of order - questioning procedure
6. parliamentary inquiry
7. point of information - more information on a mtion
8. appeal from decision of the chair
9. suspend a rule
74
Where to find Motions
Roberts Rules or Cushings Manual
75
Exceptions to a formal bid
1. professional services
2. printing
3. election expenses
4. legal notices
76
Statute for Audit/Fiscal Affairs
NJSA 40A:5
77
who does the audit and when does it need to be completed?
RMA 6 months
78
If a Use D Variance is approved and the municipality has an ordinance in place to do so, who would hear an appeal?
Governing Body
79
How many days does the governing body have to conclude its review of an appeal?
95 days
80
The Municipal Clerk must give notice at least_____ prior to the hearing at which the appeal will be heard either by ___ or ____
10 days, Governing Body or Superior Court
81
within _____ of the decision, the MC must mail the decision to ___ without charge and ____ at rasonable charge
10 days, Appellant, Interested Parties
82
The Planning Board shall review and issue findings concerning any long-range facilities plan submitted to the Board pursuant to the ______
Educational Facilities Construction and Financing Act
83
Give all of the steps in an ordinance
1. first reading
2. referral to planning board
3. legal advertising
4. notices to adjoinging municipality and county planning board
5. ordinance posting
6. affidavits
7. public hearing
8 final adoption
9 effective date
84
Municipal Land Use Law is found in what statute?
40:55D-1 et seq
85
Two books where parliamentary procedures can be found
Cushings Manual and Roberts Rules
86
5 types of motions
Privileged, Main, Subsidiary, Incidental, Special
87
Amend is a ____ motion
subsidiary
88
Remove from table is a _____ motion
special
89
suspend rules is a ____ motion
incidental
90
what must take place before an action is official?
results must be announced
91
a member may change his/her vote at any time until
the result is announces
92
Recess
Refer to Ctm
Point of Order
Take from the table
privileged
subsidiary
incidental
special
93
Adjourn
reconsider
appeal from decision of the chair
lay on the table
privileged
special
incidental
subsidiary
94
A PACO agent must be designed each year and report to...
Dept of Treasury
95
To sell public property, ___ publications are required at least ____. The last notice shall appear not earlier than ___ prior to sale
2 publications, 2 consecutive weeks, 7 days
96
land that is no longer needed for public use can be sold by adopting an ___
ordinance
97
Volunteer fire companies/rescue squads can be part of LOSAP. how would a local goverment without a fire district establish this?
by ordinance, by voters at the next general election
98
when would LOSAP become effective?
after voters ratify at next general election
99
UCC has sub-code officials: name three
Construction
National electrical code
National Energy code
100
what percent is required for a down payment of a bond ordinance?
5%
101
The ___ must submit to the MC a ___ on the date of introduction of the bond ordinance
CFO, Supplemental Debt Statement
102
A bond ordinance be published at least ___ prior to the scheduled public hearing date
7 days
103
final adoption of a bond ordinance must be at least ___ after the reading by ____ vote
7 days, roll call
104
A bond ordinance is not effective until ____ days after publication of ___ adoption of a bond ordinance with the ____
20, Final Adoption, Official newspaper
105
Days to advertise the audit synopsis
30
106
days to adopt resolution that Governing Body reviewed genral comments and recommendations in audit
45
107
days to advertise the budget
10
108
days to send adopted budget to LGS
3
109
Local Budget Law is found in
40A:4-78
110
A temporary budget covers the ____ of the fiscal year. It is adopted by ___
first 1/4, resolution
111
Bid threshold for those with QPA
$36K
112
Bid threshold for those w/o QPA
$17,500
113
awarding of a contract is done by the ____ by ___
governing body, resolution
114
If a contract is below the bid threhold, but ___ or more of that amount, the contrcting agent must solicit at least ____ quotation
15%, 2
115
normally, the statutory duration of contracts is ___
24 months
116
change orders normally cannot exceed ____ and must be approved by ___
20%, governing body
117
____% is required for a down payment of a bond
5%
118
publication for the receipt of bids must be at least ___ days prior to the date of the bid opening
7 days
119
State contract is through?
LGS
120
Emergency purchases through four items
1. need for the contract
2. nature of emergency
3. time of occurrence
4. need for invoking emergency purchase
121
the Rules and Regs for local bidding can be found in__
40A:11-1 et seq
122
Calendar Year budgets must be introduced by ____, State Fiscal Year budget must be introduced by ___
Feb 10, Aug 10
123
Transfers can only be made during the ____ by resolution and by ____ vote
last 2 months, 2/3 vote
124
this is in order to receive money it did not anticipate
Special Items of Revenue, Chapter 159
125
Annual Audits must be completed within ___ by the ___
6 months, RMA
126
____ must file a certified duplicate copy of the report of the audit with the _____
RMA, Director of LGS
127
If the MC does not advertise the synopsis of an audit within the rquired days, a fine of ____ per day is paid by the ___ to the ____
$10 day, MC, Local unit
128
If a municipality wishes to give an active volunteer fire or first aid member college funds, what is this called?
Tuition Credit Program
129
PACO
LOSAP
RMA
1. Public Agency Compliance Officer
Length of Service Award Program
Registered Municipal Accountant
130
days to coplete an improvement search
15
131
days to send apps to all tenants in a condo conversion
10
132
days for tenant to complete app in condo conversion
60
133
days municipality determines eligibility of condo apps
30
134
days owner must file landlord registration after transfer of ownership of apartments or new apartments
30
135
days to file an amended certificate of reg from landlord
20
136
days landlord provides tenant copy of amendment
7
137
days a Tort Claim must be presented to Municipal Clerk
90
138
years of service to retire under ordinary disability in PFRS
4
139
age to retire for service retirement under PERS
60
140
in PFRS years of service needed for special retirement
25
141
number of Commissioners on PERC
7
142
the responsible person for issuing assesment searches are the ___ or ___
MC or Engineer
143
Fee for Assessment search is
$10
144
the duration of protected tenancy is ___
40 years
145
A senior Citizen who would be protected under the Tenancy Act/Condo Conversion must be ____ of age, resided at leaset ___ prior, and have an annual household icome not exceeding _____ the county per capita income
62, 4 years, 3 times
146
A disabled person is ____ , _______ from service with a ____ disability, lived there ____ immediately preceding convesion
permanently, honorably discharged, 60%, 1 year
147
A ____ is required for all rental premises or unites with two or more rental units
truth in renting
148
the exception to the above would be an ____ premise with ____ than two rental units
owner-occupied, not more
149
the ____ will send a copy of the filed statment of more than _____ to the ____ for public records
DCA, 2 rental units, MC
150
a Certificate of Registration shall have the following information
Name and Address of owner or registered agent
| Managing agent or landlord in county
151
A separate bond is necessary for the following 3 positions
tax collector, municipal court judge, court administrator
152
A ____ is a notice served upon the ___ advising they may file suit.
Tort Claim, MC - done within 90 days of incident, and after 6 months of claim
153
All bonds of officials and employees shall be filed with the ___ , except the bond of the ___ shall be filed with the ___
MC, Clerk, Treasurer
154
____ was enacted to ensure buyers of new residential construction about the location. they are reported to the ____
off-site conditions disclosure act, MC
155
a person who retires can re-enter the workforce without joining a pension after ___ and must make no more than ___
30 days, $15k
156
Under PERS, a person who retires before the age of 60, but has 25 or more years of service credit takes a pension called __
early retirement
157
under PFRS ____ is available to members who have been enrolled in the system on or before the date of the ___
Accidental Disability Retirement, Traumatic Event
158
The public employment relations commission is made up of ___ appointed by the ____
7, Governor w/ advice and consent of the senate
159
a ____ must be filed with PERC to hold a secret ballot election to form a bargaining unit
petition
160
can a municipal clerk be part of a union?
no, confidential secretary
161
_____ is when a public employee who is eligible to join the union, but refuses, and still pays ____
Agency Shop, 85 % of union dues
162
3 negotiable items
salary, hours of employment, terms of employment
163
3 non-negotiable items
slate of officers, state health benefits, pension
164
agreements must be approved by the ___ by __, with signatures of the ___ and ___ authorized
Governing body , ____, Mayor and MC
165
impasse procedures are:
mediation, fact finding , arbitration
166
within ___ after teh establishment of a municipal ethics board, the board shall promulgage by ___, a municipal code of ethics for all local government officers and employees serving the municipality
90 days, resolution
167
municipality sends notice, in writing, of landlord/sponsor's intention and applications for pretected tenancy to all tenants within ___ of receipt of notification from landlord/sponsor
10 days
168
off-site conditions are reported to the ___ by ___
MC/ DEP
169
list 3 off-site conditions
electrical substations, wastewater facilities, underground transmission lines
170
the publication entitled ____ is provided to the MC by the ____
Known Contaminated Sites in NJ, DEP
171
If a municipality establishes a municipal ethics board, it is done by ___ and consists of __ members
ordinance, 6
172
some positions which are exempt from filing the financial disclosure statment are:
municipal attorney, prosecutor and public defender
173
the local government ethics law applies to the following 3 groups
local gov agency
gov employee
gov officer
174
PERS
PERC
PFRS
public employee retirement system
public employee retirement commission
police and firemens retirement system
