Extra Flashcards
Amendments After the Adoption of the Budget 10:16
Emergency Appropriation – Unforeseen; to meet the need to protect or promote the public health, safety, moral or welfare.
Regular Emergency Appropriation
o If less than 3% of the appropriations in the current budget, done by Resolution ; 2/3 vote of the full membership
o If exceeds 3% of the appropriations in the current budget Governing Body must petition the Director to exceed the limitation of 3%. Adopted by Resolution; 2/3 vote of the full membership.
1. 2 certified copies to the Director for approval
2. Affidavit from the CFO
Budget Procedure / Timeline 10:11
Introduction/Approval (CY) February 10
(FY) August 10
1st Reading by title only, date, time, and place of hearing.
Within 3 days 3 Certified Copies sent to DLGS with the Governing Body certification
Advertisement – At least 10 days before the Public Hearing
Can be advertised in full or summary; must include date, time, and place of public hearing
Public Hearing- Not less than 28 days after the introduction/approval
Budget must be read in full unless;
o at least 1 week prior to the hearing and at the hearing a complete copy of approved budget is made available to the public
o shall be made available to each person upon request.
o Resolution passed by the majority of the full membership that the law has been met to read by title
Adoption (CY) March 20
(FY) September 20
Done by Resolution; Adopted by a majority of the full membership
Within 3 days, 3 certified copies are sent to the Director of DLGS, all manual signatures.
Within 15 days of the adoption 1 certified copy sent to the County Board of Taxation
How to Amend a Budget 10:12
If required by the Director, amendments can be made prior to the Public Hearing without advertising.
Requires a Public Hearing if:
o Adds new item if appropriation in excess of 1 % of total amount of
appropriations.
o Increase the amount raised by taxes by more than 5 %
o Increases or decreases any item of appropriations by more than 10 %
Amendment Resolution must be advertised 3 days before the fixed date for the Public Hearing.
Advertisement must be in full.
Within 3 days of the adoption, 3 certified copies of the amendment resolution must be submitted to the director.
Amendments must be read in full at the hearing and before adoption.
Director must approve and certify amendment resolution before adoption.
Funds 10:4 (List 6 sources of Fund Structure)
Current Fund – general fund for the current year. Includes tax collection and anticipated revenue.
General Capital Fund – Only bondable items. Capital improvement or vehicle acquisition.
Trust Funds – Solely for the purpose they are intended EX: dog license.
Dedications of Revenue by Rider – Resolutions
Utility Operating or Capital Fund – Users fees based upon consumption, swimming pools, water and sewer fees.
Grant Fund
Adopting a Bond Ordinance
First Reading / Introduction
- Read by title only; CFO must submit the Supplemental Debt Statement (SDS) to clerk
- Final Adoption must be at least 10 days after the First Reading
Advertising
In full or summary 1 week prior to public hearing.
*Exception – Local Improvement Ordinance 10-day prior
Posting – In full or summary in Municipal Building
Affidavits – 1 After Intro and 1 after Adoption
Down payment – 5%
Public Hearing – Can be adjourned and moved to another specified date and time without publication or notice.
Final Adoption – At least 10 days after the introduction. Roll call vote.
2/3 vote of the full membership
Published in full or summary with Estopple Statement
Effective 20 days after the publication of final adoption; granting no suit or action.
Upon Adoption – File certifications as required by bond council
Adopting a Local Assessment
First Reading / Introduction
Read by title only; CFO must submit the Supplemental Debt Statement (SDS) to clerk.
Final Adoption must be at least 10 days after the First Reading
Advertising
In full or summary 10 days prior to public hearing.
*Exception – Local Improvement Ordinance 10-day prior
Posting – In full or summary in Municipal Building
Notice to affected property owners 7 days prior to hearing; by certified mail
Affidavits – 1 After Introduction
1 after Adoption
1 Affidavit of Service to affected homeowners.
Down payment – 5%
Public Hearing – Can be adjourned and moved to another specified date and time without publication or notice.
Final Adoption – At least 10 days after the introduction. Roll call vote.
2/3 vote of the full membership
Published in full or summary with Estopple Statement ; ordinance becomes unconfirmed assessment
Effective 20 days after the publication of final adoption; granting no suit or action.
Upon Adoption – File certifications as required by bond council; Notice affected property owners.
Bid Process
Publish in newspaper not less then 10 days prior to receiving bids
- State manor of submitting and receiving bids
- Date, time and place at which bids will be received
- Include affirmative action language
Return rejected bids- if they fail to comply with requirements
Bids may be rejected
Must have guarantees and surety requirements
Must be awarded within 60 days
Return bid surety of bidders not among the 3 lowest w/in 10 days
Within 3 days after awarding all bidders must be returned
Advertising of Budget
Published in offical newspaper at least 10 days before the public hearing.
Can be advertised in full or in summary
Must include date, time and place of public hearing
Report of Audit
within 30 days publish synopsis with recommendations
Failure to publish is a 10.00 a day fine
within 45 days, governing body must pass a resolution stating they reviewed and sign group affidavit
Clerk must forward to DLGS the following :
Proof of Publication
Certified copy of Resolution
One originally signed group affidavit
Ordinance Timeline
Introduction
Legal notice - 7 days prior to public hearing
Post in Municipal Building
Public Hearing at least 10 days after the first reading
Adoption at least 10 days after introduction
Effective upon publication of notice of adoption
Difference between General and Local Improvement Ordinance
Bond Improv
Advertising 7 days before hearing 10 days
Affidavits No proof Proof that each homeowner
affected was sent a copy of Ord
Other Notice None Notice affected property owners 7
days prior to hearing
Notice of final adoption becomes unconfirmed assessment
Opening of Formal Bids
At stated time and place, a properly designated Purchasing Agent must publicly receive bids, immediately proceed to unseal them and publicly announce the contents. If there is no properly designated Purchasing Agent, either a Municipal Administrator/Manager, Municipal Clerk, or Chief Financial Officer can be designated to receive and open bids.
Announcement of a bid’s contents must be made in the presence of any parties bidding or their agents who are present.
A proper record of the prices and terms of an award to be made by resolution of a Governing Body must be recorded in the minutes of said Governing Body.
If an award is to be made by other than a Governing Body, a record must be kept in an appropriate book for such purpose.
Rejection of all Bids
A local contracting unit may reject all bids for any of the following reasons:
The lowest bid substantially exceeds the cost estimates for the goods and services.
The lowest bid substantially exceeds the contracting unit’s appropriation for the goods or services.
The Governing Body of the contracting unit decides to abandon the project for provision or performance of the goods or services.
The contracting unit wants to substantially revise the specifications for the goods and services.
The purposes or provisions or both of the Local Public Contracts Law are being violated.
The Governing Body of the contracting unit decides to use a State authorized contract as allowed by the Local Public Contracts Law.
The process has more accountability. A local contracting unit cannot reject all bids because it simply did not like the price of a bidder or the ranking of a certain bidder or bidders.
OPMA Exceptions
- Any matter which, by express provision of Federal Law or State Statute, or rule of court shall be rendered confidential;
- Any matter in which the release of information would impair a right to receive funds from the Government of the United States;
- Any material the disclosure of which constitutes an unwarranted invasion of individual privacy such as any records, data, reports, recommendations, or other personal material of any educational training, social service, medical, health, custodial, child protection, rehabilitation, legal defense, welfare, housing, relocation, insurance and similar program or institution operated by a public body pertaining to any specific individual admitted to or served by such institution or program, including but not limited to information relative to the individual’s personal and family circumstances, and any material pertaining to admission, discharge, treatment, progress or condition of any individual, unless the individual concerned (or, in the case of a minor or incompetent, his guardian) shall request in writing that the same be disclosed publicly.
- Any collective bargaining agreement, or the terms and conditions which are proposed for inclusion in any collective bargaining agreement, including the negotiation of the terms and conditions thereof with employees or representatives of employees of the public body;
- Any matter involving the purchase, lease or acquisition of real property with public funds, the setting of banking rates or investment of public funds, where it could adversely affect the public interest if discussion of such matters were disclosed;
- Any tactics and techniques utilized in protecting the safety and property of the public, provided that their disclosure could impair such protection. Any investigations of violations or possible violations of the law;
- Any pending or anticipated litigation or contract negotiation other than in section (4) herein which the public body is, or may become a party. 9/15/18
- Any matter falling within the attorney-client privilege, to the extent that confidentiality is required in order for the attorney to exercise his ethical duties as a lawyer. 9/15/18
- Any matter involving the employment, appointment, termination of employment, terms and conditions of employment, evaluation of the performance of, promotion or disciplining of any specific prospective public officer or employee employed or appointed by the public body, unless all the individual employees or appointees whose rights could be adversely affected request in writing that such matter or matters be discussed at a public meeting; 9/15/18
- Any deliberations of a public body occurring after a public hearing that may result in the imposition of a specific civil penalty upon the responding party or the suspension or loss of a license or permit belonging to the responding party as a result of an act or omission for which the responding party bears responsibility. 9/15/18
OPRA Exceptions
- privacy Interest - “a public agency has a responsibility and an obligation to safeguard from public access a citizen’s personal information with which it has been entrusted when disclosure thereof would violate the citizen’s reasonable expectation of privacy.
- Inter-agency or intra-agency advisory, consultative or deliberative material (Note: refers generally to draft documents or documents used in a deliberative process).
- Legislative records. Specifically:
a) information received by a member of the Legislature from a constituent or information held by a member of the Legislature concerning a constituent, including but not limited to information in written form or contained in any email or computer data base, or in any telephone record whatsoever, unless it is information the constituent is required by law to transmit;
b) any memorandum, correspondence, notes, report or other communication prepared by, or for, the specific use of a member of the Legislature in the course of the member’s official duties, except that this provision shall not apply to an otherwise publicly-accessible report which is required by law to be submitted to the Legislature or its members. - Medical examiner records - Photographs, negatives, print, ideotapes taken at the scene of death or in the course of postmortem examination or autopsy, except:
a)
when used in a criminal action or proceeding in this State which relates to the death of that person,
b)
for the use as a court of this State permits, by order after good cause has been shown and after written notification of the request for the court order has been served at least five days before the order is made upon the county prosecutor for the county in which the post mortem examination or autopsy occurred,
c)
for use in the field of forensic pathology or for use in medical or scientific education or research, or d. or use by any law enforcement agency in this State or any other state or federal law enforcement agency. - Criminal investigatory records - Records which are not required by law to be made, maintained or kept on file that are held by a law enforcement agency which pertain to any criminal investigation or related civil enforcement proceeding. (Note: N.J.S.A. 47:1A-3.b. lists specific criminal investigatory information which must be disclosed).
- Victims’ records a. an individually-identifiable file or document held by a victims’ rights agency which pertains directly to a victim of a crime except that a victim of a crime shall have access to the victim’s own records. “Victims’ rights agency” means a public agency, or part thereof, the primary responsibility of which is providing services, including but not limited to food, shelter, or clothing, medical, psychiatric, psychological or legal services or referrals, information and referral services, counseling and support services, or financial services to victims of crimes, including victims of sexual assault, domestic violence, violent crime, child endangerment, child abuse or child neglect, and the Victims of Crime Compensation Board. b. any written OPRA request by a crime victim for a record to which the victim is entitled to access, including, but not limited to, any law enforcement agency report, domestic violence offense report, and temporary or permanent restraining order;
- Personal firearms records: a. Except for use by any person authorized by law to have access to these records or for use by any government agency, including any court or law enforcement agency, for purposes of the administration of justice. b. Personal identifying information received by the Division of Fish and Wildlife in the Department of Environmental Protection in connection with the issuance of any license authorizing hunting with a firearm. For the purposes of this paragraph, personal identifying information shall include, but not be limited to, identity, name, address, social security number, telephone number, fax number, driver’s license number, email address, or social media address of any applicant or licensee.
- Trade secrets and proprietary commercial or financial information obtained from any source. Includes data processing software obtained by a public agency under a licensing agreement which prohibits its disclosure
- Trade secrets and proprietary commercial or financial information obtained from any source. Includes data processing software obtained by a public agency under a licensing agreement which prohibits its disclosure.
- Any record within the attorney-client privilege. This paragraph does not allow for a denial of attorney invoices in their totality; however, redactions may apply for information contained in the invoices that are protected under the privilege.
- Administrative or technical information regarding computer hardware, software and networks which, if disclosed would jeopardize computer security.
- Emergency or security information or procedures for any buildings or facility which, if disclosed, would jeopardize security of the building or facility or persons therein.
- Security measures and surveillance techniques which, if disclosed, would create a risk to the safety or persons, property, electronic data or software.
- Information which, if disclosed, would give an advantage to competitors or bidders.
- Information generated by or on behalf of public employers or public employees in connection with:
a) Any sexual harassment complaint filed with a public employer;
b) Any grievance filed by or against an individual; or
c) Collective negotiations, including documents and statements of strategy or negotiating position. - Information which is a communication between a public agency and its insurance carrier, administrative service organization or risk management office.
- Information which is to be kept confidential pursuant to court order.
- Certificate of honorable discharge issued by the United States government (Form DD-214) filed with a public agency, except that a veteran or the veteran’s spouse or surviving spouse shall have access to the veteran’s own records.
- Any copy of an oath of allegiance, oath of office, or any affirmation for incoming, current, and former officers and employees in State, County, or municipal government, and including members all members of the Legislative, Executive, and Judicial branches of government, except that: Full name, title, and oath date are not confidential.
- Personal identifying information. Specifically:
a)
Social security numbers, except that a social security number contained in a record required by law to be made, maintained or kept on file by a public agency shall be disclosed when access to the document or disclosure of that information is not otherwise prohibited by State or federal law, regulation or order or by State statute, resolution of either or both houses of the Legislature, Executive Order of the Governor, rule of court or regulation promulgated under the authority of any statute or executive order of the Governor.
b) Credit card numbers
c) Unlisted telephone numbers
d) Drivers’ license numbers.
e) Except for:
[1] Use by any government agency, including any court or law enforcement agency, in carrying out its functions,
[2] or any private person or entity acting on behalf thereof,
[3] or any private person or entity seeking to enforce payment of court-ordered child support; except with respect to the disclosure of driver information by the Division of Motor Vehicles as permitted by section 2 of P.L.1997, c.188 (C.39:2-3.4); - List of persons in need of special assistant during an emergency maintained at either the municipal or county level in accordance with section 1 of P.L.2017, c.266 (C.40:48-2.67) or section 6 of P.L.2011, c.178 (C.App.A:9-43.13).
- Certain records of higher education institutions:
a) Pedagogical, scholarly and/or academic research records and/or the specific details of any research project, except that a custodian may not deny inspection of a government record or part thereof that gives the name, title, expenditures, source and amounts of funding and date when the final project summary of any research will be available.
b) Test questions, scoring keys and other examination data pertaining to the administration of an examination for employment or academic examination.
c) Records of pursuit of charitable contributions or records containing the identity of a donor of a gift if the donor requires non-disclosure of the donor’s identity as a condition of making the gift provided that the donor has not received any benefits of or from the institution of higher education in connection with such gift other than a request for memorialization or dedication.
d) Valuable or rare collections of books and/or documents obtained by gift, grant, bequest or devise conditioned upon limited public access.
e) Information contained on individual admission applications.
f) Information concerning student records or grievance or disciplinary proceedings against a student to the extent disclosure would reveal the identity of the student. N.J.S.A. 47:1A-1.2 - Biotechnology trade secrets. N.J.S.A. 47:1A-2.2
- Limitations to convicts - Personal information pertaining to the person’s victim or the victim’s family, including but not limited to a victim’s home address, home telephone number, work or school address, work telephone number, social security account number, medical history or any other identifying information. Information may be released only if the information is necessary to assist in the defense of the requestor. A determination that the information is necessary to assist in the requestor’s defense shall be made by the court upon motion by the requestor or his representative. N.J.S.A. 47:1A-3(a)
- Ongoing investigations - Any records pertaining to an investigation in progress by any public agency if disclosure of such record or records shall be detrimental to the public interest. This provision shall not be construed to allow any public agency to prohibit access to a record of that agency that was open for public inspection, examination, or copying before the investigation commenced. N.J.S.A. 47:1A-5(k)
- Public defender records that relate to the handling of any case, unless authorized by law, court order, or the State Public Defender. N.J.S.A. 47:1A-9(a)-(b)
- Upholds exemptions contained in other State or federal statutes and regulations, Executive Orders of the Governor, Rules of Court, Constitution of this State, or judicial case law. N.J.S.A. 47:1A-10 27) Personnel and pension records, except specific information identified as follows:
a) An individual’s name, title, position, salary, payroll record, length of service, date of separation and the reason for such separation, and the amount and type of any pension received,
b) When required to be disclosed by another law, when disclosure is essential to the performance of official duties of a person duly authorized by this State or the United States, or when authorized by an individual in interest.
c) Data contained in information which disclose conformity with specific experiential, educational or medical qualifications required for government employment or for receipt of a public pension, but not including any detailed medical or psychological information. - In accordance with OPRA’s “catch-all” exemption at N.J.S.A. 47:1A-9, the following executive orders also apply as exemptions under OPRA: Executive Order No. 21 (McGreevey 2002)
a) Records where inspection, examination or copying would substantially interfere with the State’s ability to protect and defend the State and its citizens against acts of sabotage or terrorism, or which, if disclosed, would materially increase the risk or consequences of potential acts of sabotage or terrorism.
b) Records exempted from disclosure by State agencies’ promulgated rules are exempt from disclosure by this Order.
c) Executive Orders No. 9 (Hughes), 11 (Byrne), 79 (Byrne) and 69 (Whitman) are hereby continued to the extent that they are not inconsistent with this Executive Order. - Executive Order No. 9 (Hughes) exemptions that are still active:
a) Questions on examinations required to be conducted by any State or local governmental agency;
b) Personnel and pension records (same as N.J.S.A. 47:1A-10);
c) Records concerning morbidity, mortality and reportable diseases of named persons required to be made, maintained or kept by any State or local governmental agency;
d) Records which are required to be made, maintained or kept by any State or local governmental agency which would disclose information concerning illegitimacy;
e) Fingerprint cards, plates and photographs and other similar criminal investigation records which are required to be made, maintained or kept by any State or local governmental agency;
f) Criminal records required to be made, maintained and kept pursuant to the provisions of R. S. 53:1-20.1 and R. S. 53:1- 20.2;
g) Personal property tax returns required to be filed under the provisions of Chapter 4 of Title 54 of the Revised Statutes; and h. Records relating to petitions for executive clemency. - Executive Order No. 11 (Byrne) exemptions are the same as N.J.S.A. 47:1A-10.
- Executive Order No. 79 (Byrne) exemptions are the similar to # 8, 9, 10 above under N.J.S.A. 47:1A-1.1.
- Executive Order No. 69 (Whitman) exemptions that are still active: Fingerprint cards, plates and photographs and similar criminal investigation records that are required to be made, maintained or kept by any State or local governmental agency.
- Executive Order No. 26 (McGreevey 2002)
a) Certain records maintained by the Office of the Governor:
[1] Any record made, maintained, kept on file or received by the Office of the Governor in the course of its official business which is subject to an executive privilege or grant of confidentiality established or recognized by the Constitution of this State, statute, court rules or judicial case law.
[2] All portions of records, including electronic communications, that contain advisory, consultative or deliberative information or other records protected by a recognized privilege.
[3] All portions of records containing information provided by an identifiable natural person outside the Office of the Governor which contains information that the sender is not required by law to transmit and which would constitute a clearly unwarranted invasion of personal privacy if disclosed.
[4] If any of the foregoing records shall contain information not exempted by the provision of the Open Public Records Act or the preceding subparagraphs (a), (b) or (c) hereof then, in such event, that portion of the record so exempt shall be deleted or excised and access to the remainder of the record shall be promptly permitted.
b) Resumes, applications for employment or other information concerning job applicants while a recruitment search is ongoing. The resumes of successful candidates shall be disclosed once the successful candidate is hired. The resumes of unsuccessful candidates may be disclosed after the search has been concluded and the position has been filled, but only where the unsuccessful candidate has consented to such disclosure.
c) Records of complaints and investigations undertaken pursuant to the Model Procedures for Internal Complaints Alleging Discrimination, Harassment or Hostile Environments.
d) Information relating to medical, psychiatric or psychological history, diagnosis, treatment or evaluation.
e) Information in a personal income or other tax return
f) Information describing a natural person’s finances, income, assets, liabilities, net worth, bank balances, financial history or activities, or creditworthiness, except as otherwise required by law to be disclosed.
g) Test questions, scoring keys and other examination data pertaining to the administration of an examination for public employment or licensing.
h) Records in the possession of another department (including NJ Office of Information Technology or State Archives) when those records are made confidential by a regulation of that department or agency adopted pursuant to N.J.S.A. 47:1A-1 et seq. and Executive Order No. 9 (Hughes 1963), or pursuant to another law authorizing the department or agency to make records confidential or exempt from disclosure.
i) Records of a department or agency held by the Office of Information Technology (OIT) or the State Records Storage Center of the Division of Archives and Records Management (DARM) in the Department of State, or an offsite storage facility outside of the regular business office of the agency. Such records shall remain the legal property of the department or agency and be accessible for inspection or copying only through a request to the proper custodian of the department or agency. In the event that records of a department or agency have been or shall be transferred to and accessioned by the State Archives in the Division of Archives and Records Management, all such records shall become the legal property of the State Archives, and requests for access to them shall be submitted directly to the State Archives - Daniel’s Law.
9/15/2022
[P.L. 2020, c.125 and P.L. 2021, c.371 [N.J.S.A. 47:1B-1 et al.]
a)Daniel’s Law is designed to limit the disclosure of the home addresses of judicial officers, prosecutors, and law enforcement officers as well as immediate family members of each residing in the same household. Recent amendments under P.L. 2021, c.371, creates a process to implement Daniel’s Law which is administered by the director of a new “Office of Information Privacy” (OIP) (www.danielslaw.nj.gov) within the Department of Community Affairs (DCA). The OIP Director “shall be appointed by and serve at the pleasure of the Commissioner of Community Affairs” and will oversee the review and implementation process.
Under this process, an eligible person must make an application through a state web portal in order to request protection under the law. The OIP Director will receive, review and either approve or deny all applications. Once approved:
[1] A public agency shall redact or cease to disclose the home address of a covered person approved by the Office of Information Privacy not later than 30 days following the approval.
[2] A public agency shall also discontinue the redaction or nondisclosure of the home address of any covered person for whom a revocation requests has been approved not later than 30 days following the approval.
b) Certain notices will be impacted and the person requesting redaction “shall affirm in writing that the person understands that certain rights, duties, and obligations are affected as a result of the request, including” notices for development applications under the Municipal Land Use Law; election petitions and other materials; homes sales, lien, encumbrance and other real estate recordings; class action notifications; and other “legal, promotional, or official notice which would otherwise be provided to the person.”
c) The Department of Banking and Insurance is also empowered to issue rules and regulations within eighteen months consistent with the new law. The law forbids local government agencies from “knowingly” engaging in the “post, repost, publish or republish on the Internet of the home address” of someone who has applied and been approved by DCA under the law.
[1] Anyone who violates the law knowingly is liable for a $1,000 fine plus reasonable attorney’s fees and punitive damages.
