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Intro to Duties of Municipal Clerk > Review 1-3 > Flashcards

Review 1-3 Flashcards

1
Q

What are the 4 forms of Government

A
  1. County
  2. Municipality
  3. School District
  4. Special District
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2
Q

What does the Municipality have Full Powers to Do?

A
  1. Organize and regulate its internal affairs
  2. Adopt and enforce policy ordinances and impose penalties
  3. sue and be sued; contract and be contracted with; appropriate and expend money; adopt, amend, and repeal ordinances and resolutions
  4. Exercise powers of taxation, borrowing, and condemnation
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3
Q

Is the Municipality a corportaion?

A

Yes

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4
Q

What does the Municipal Clerk submit to the Director of the Division of Local Government Services to renew their Municipal Clerk certificate?

A
  1. Proof of completed continuing education classes

2. $50 application fee made payable to the State Treasurer

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5
Q

Marie was hired as the Municipal Clerk to the Borough of Dalton. She was under the impression she would continue the unexpired term of the prior Clerk. But she was mistaken. Marie’s term started the date of her actual appointment. Is this correct?

A

Yes

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6
Q

The Municipal Clerk holds one of the most important and exacting Positions in Municipal Government So important in New Jersey that:

A

a. statutory
b. tenured
c. Must achieve certification

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7
Q

What are the 7 Core Duties of the Municipal Clerk?

A
  1. Secretary of the Municipal Corporation
  2. Secretary of the Governing Body
  3. Chief Administrative Officer of All Elections
  4. Chief Registrar of Voters
  5. Administrative Officers
  6. Records Coordinator
  7. Other Duties
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8
Q

What are 3 reasons a Registered Municipal Clerk’s Certification can be revoked or suspended by the Director?

A

a. Dishonest practices
b. Neglect refusal to comply with constitution or laws
c. Other good cause

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9
Q

Annabelle was appointed the Acting Municipal Clerk in the Twp of Greenville for a one-year term. Thereafter, she was appointed Municipal Clerk. Does the time Annabelle was the Acting Municipal Clerk count towards her time served as Municipal Clerk for tenure purposes?

A

No

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10
Q

When did Governor Thomas Kean sign the Bill establishing the Designation of Registered Municipal Clerk?

A

May 31, 1985

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11
Q

Donna is the Municipal Clerk is the Village of Ridgedale. She unfortunately has an illness which will require her to be out of the office for 6 weeks. What shall her Deputy have the powers to do and perform?

A

In the absence of the Municipal Clerk, the Deputy Clerk has full powers of the Municipal Clerk

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12
Q

What are the qualifications for appointment and to sit for the registered municipal clerk examination?

A

a. At least 21
b. Citizen of US
c. Of good moral character
d. High school diploma or equivalent certificate accepted by Commissioner of Education
e. Completion of at least 2 years of education at college of recognized study or year-for-year full-time experience or part-time

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13
Q

Mary had no training or municipal clerk experience. Mary was chosen for the position but could not accept. Mary did not have every individual appointed or reappointed as Municipal Clerk must hold. What is it?

A

Registered Municipal Clerk certification

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14
Q

Is there a requirement that meetings of the Governing Body must be tape recorded?

A

No

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15
Q

What state statute deals with the personnel exception–RICE notice?

A

NJSA 10:4-12(b)8

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16
Q

Are items on the Consent agenda discussed?

A

No

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17
Q

At the meeting of the Governing Body this past Thursday, Council was at the portion of the agenda where the consent agenda is voted on. Councilwoman Princil started speaking on one of the resolutions. The presiding officer quickly reminded the Councilwoman the Council was on the consent agenda. What should have happened next in the meeting?

A

Remove item, place on regular agenda, and vote separately

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18
Q

Can the Governing Body take official action in closed session?

A

No (need to advertise that action will be taken)

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19
Q

Pam attended the meeting of her Governing Body. She is new to her position as MC. One of her fellow employees told her they do not type meeting minutes. They just use the recording from the meeting. Is what Pam was told correct?

A

No

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20
Q

When are Reorganization Meetings of the Governing Body held?

A

Annually at the beginning of the Governing Body’s Operational Year

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21
Q

At the meeting of the Township of Shanlow, a vote was taken to increase the municipal clerk’s salary by $20,000. The vote was 2 Yes, 3 No, and 1 Abstention. Did the vote pass?

A

No

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22
Q

Tracey was the Council Chambers waiting for the Meeting of her Governing Body begin. Her presiding officer asked her what the quorum of the Council is? How would you answer

A

Majority of the members of a body that when duly assembled is legally competent to transact business

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23
Q

Lisa, an employee in the Township’s Building Department, received a RICE notice. The Governing Body was going to discuss whether or not her employment with the township would continue as she stole $50.00 from the petty cash fund. Lisa decided it would be discussed in closed session. Does she have the right to be present in Closed Session when the matter is being discussed?

A

No

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24
Q

What must be done in order for the Governing Body to go into Closed Session?

A
  1. Adopt a resolution in a public meeting
  2. Read a statement that adequate notice of the Open Meeting was provided. The resolution must provided reasons for going into Closed Session, and state the time when and which matters are to be discussed, as well as if action will be taken.
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25
Q

What does the Open Public Meetings Act require as far as the agenda and when it should be made available to the public?

A

48 hr in advance of public meeting

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26
Q

The certification of funds was not provided for the Bill List. Can the Governing Body vote on the Bill List without the Certification from the CFO?

A

No–it depends whether the municipality requires certification in its code

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27
Q

What should meeting minutes reflect?

A

Actions taken at a meeting

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28
Q

What are meeting minutes not intended to be?

A

A transcript

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29
Q

For a vote of the governing body, how is Roll Call taken?

A

Alphabetical with the presiding officer last

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30
Q

What are 10 Subject Matters which can be discussed in Closed Session? (NJSA 10:4-12)

A
  1. Confidential by federal law, state statue, or rule of court
  2. Impair receipt of government funds
  3. Invasion of privacy
  4. Collective bargaining
  5. Property acquisition
  6. Jeopardize public safety
  7. Pending litigation or contract negotiations
  8. Attorney-client privilege
  9. Personnel
  10. License or permit violation deliberation
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31
Q

Fran was talking with one of her fellow employees at lunch. The employee told Fran agendas were no public records and did not need to be kept permanently. Is the Employee correct?

A

No

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32
Q

What does OPRA govern?

A

Public access to government records in NJ

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33
Q

Stacie received an OPRA request for police reports on an incident that occurred in her township. The request was processed as normal. The documents were provided to Stacie to review. Information was in the reports which could not be provided to the requestor. What is it called when that information is marked out, totally unreadable in the document. How is it done?

A

Redacting

Through editing of material which do not want others to see. Cna be done with marker and photocopying. End result is so material you do not want others to see is not disclosed.

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34
Q

When is Day 1 of an OPRA request?

A

Day following the custodian’s receipt of the request

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35
Q

Why was OPRA enacted?

A

To give the public greater access to records maintained by public agencies in NJ by balancing the public’s interest in government records, respect for personal privacy, and efficient process of government

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36
Q

Donna was MC in the Town of Redseed. The Town received about 50 OPRA requests a month. One day a woman appeared at Donna’s window and asked about her OPRA request. Donna looked through her pile and saw nothing. What should she have made to make her checking easier?

A

OPRA request log

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37
Q

Search v. Research OPRA. Cindy said the Records Custodian must do research for the Requestor. Marie said no. Who is right? Why?

A

Marie. Clerk is required to search her records for documents, but not required to research her files for an unclear or broad request.

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38
Q

How long does the town have to respond to an OPRA request for the list of permits from the Building Department?

A

7 business days

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39
Q

How does the Records Custodian request an extension of time?

A
  • In writing
  • Provide anticipated date when records will be provided
  • if fail to grant or deny access by extended deadline date, results in request being deemed denied
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40
Q

Name the 24 OPRA exemptions by statute

A
  1. Inter-agency or intra-agency advisory, consultative, or deliberative material
  2. Legislative records
  3. Law enforcement records
  4. Trade secrets and proprietary commercial or financial information
  5. Records within attorney-client privilege
  6. Administrative or technical information that could jeopardize computer security
  7. Emergency or security information or procedures that could jeopardize the security of any building or facility
  8. Security or surveillance techniques that could create a risk to the safety of persons, electronic data, or software
  9. Information that would give an advantage to competitors or bidders
  10. Information by public employers or employees in connection with sexual harassment grievance filed by an employee and collective negotiations
  11. Communication between public agency and its insurance carrier
  12. Information confidential by court order
  13. Certificate of honorable discharge (Form DD-214) filed with public agency
  14. Social Security numbers
  15. Credit Card numbers
  16. Unlisted telephone numbers
  17. Driver’s license numbers
  18. Certain records of higher education institutions
  19. Biotechnology trade secrets
  20. Convicts requesting their victims records
  21. Ongoing investigations
  22. Public defender records
  23. uphold exemption contained in state or federal statues and regulations, executive order, rules of court, and privileges erected by state constitution, court rule or judicial case law
  24. Personnel and pension records except for specific information
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41
Q

Don needed to request the property record card for his property. He called his town hall and talked to the assessor. Can the assessor accept the OPRA request verbally? How should the OPRA request be done?

A

No. An OPRA request must be in writing, naming specific identifiable government records can be on an official form but not required

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42
Q

What does OPRA require?

A

Records Custodians respond to and fulfill OPRA records requests in accordance with the law.

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43
Q

Linda worked in the Village of Alberta Clerk’s office. A gentleman came to her window and completed an OPRA form. The request was for 2000 through 2021 municipal budgets. The budgets were stored in the attic of the municipal building. The DPW would need to help her get them down. Is this an item which must be provided immediately? What are the exceptions? What does the Records Custodian do if they cannot provide immediately?

A

Budgets are immediate access. The exceptions are that records in storage, in use, or require a medium conversion. The custodian can request an extension in writing, providing the anticipated date of fulfillment.

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44
Q

Who in the Municipality is the custodian of a government record?

A

Municipal Clerk

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45
Q

When requesting Public Records, what must a requestor do?

A
  1. Name a specific identifiable government record in writing

2. Be as specific as possible identifying type of record, dates, parties to correspondence, subject matter, etc.

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46
Q

How is an OPRA request denied?

A
  1. Must be in writing to the requestor

2. Must identify the specific legal basis of a denial of access

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47
Q

What is ARTEMIS?

A

Records retention and disposition management system of DORES. The purpose of ARTEMIS is to provide efficiencies across state, county, municipal, and educational agencies in addressing many of the records management functions, processes, and services offered by DORES in accordance with destruction of Public Records Act, Ch 410, PL 1953

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48
Q

What are Disaster Prevention efforts restricted to? Why?

A

Disaster prevention efforts are restricted to essential records protection because record salvage techniques are expensive and time consuming and not feasible for non-essential records holding.

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49
Q

What records should be in our immediate office space?

A

Active records (used for conducting business)

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50
Q

What are 6 methods of destroying approved inactive records?

A
  1. Shred (paper)
  2. Controlled, enclosed burning (paper)
  3. Erase (magnetic media)
  4. Recycle (magnetic media or paper)
  5. Archives (transfer to archives for permanent records)
  6. Deletion of electronic media (Email)
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51
Q

What are essential records? What are they referred to as?

A

Essential records are records critical to the operation of a municipality and that document the assets of the municipality and the state. Also called vital records

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52
Q

What are the 2 basic methods to protect essential records from disasters?

A
  1. Proper storage facilities for essential records

2. Backup and off site storage of essential records

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53
Q

What are public records? What do they document?

A

Any information that a public agency generates or receives in the transaction of official business. / Public records are public property and held in trust for citizens

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54
Q

What does a file plan provide?

A

A file plan provides a standardized records classification scheme and determines how to organize records and where to place them.

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55
Q

Does a challenger need to be a registered voter in the county.

A

Yes

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56
Q

If a municipality moves their municipal election to the general election, how long do they have to wait before they could move the election back

A

10 years

57
Q

What process does a candidate follow and within how many days if they believe there was an error in the counting of the ballots?

A

Within 15 days they have to file with the superior court assigned to the County for a recount of the votes cast in the election.

58
Q

Who selects the polling places?

A

The County Board of Elections

59
Q

Joe was recently discharged from the Army. The General Election is 1 1/2 weeks away. Joe is staying with his mom until their house is built. Joe and his wife want to vote in the upcoming election. What for can they use?

A

Emergency Voting Form

60
Q

What is a voter who has never voted in a primary election? What do they do if they choose to vote in the primary on election day?

A

Undeclared declare their political party at the polls

61
Q

Is there a limit on the number of challengers that can be in a polling place at the same time? If yes, what is it?

A

Not more than 1 at the time unless they have permission of the County Board of Elections

62
Q

Within how many feet of the outside entrance of a polling place is electioneering not to occur?

A

100 ft

63
Q

What do challengers have the power to do?

A
  1. Power to challenge the right to vote of any person
  2. May ask all necessary questions to determine the right to vote
  3. May be present while votes are being counted
  4. Power to challenge the counting
64
Q

By when does the vote by mail application need to be received by the County Clerk?

A

At least 7 days prior to the election if mailed; by 3:00 pm on day prior to the election if it is in person

65
Q

What is the deadline for the municipal clerk to certify the municipal polling place to the county?

A

On or before April 1st

66
Q

When do candidates file their list of challengers?

A

Filed 2nd Tuesday preceding any election

67
Q

What does the term provisional ballot mean?

A

Paper ballot at the polls wen there is a question of eligibility

68
Q

When is an individual eligible to vote

A
  1. 18 or older
  2. US citizen
  3. NJ resident and county resident for at least 30 days before the next election
69
Q

Anna’s mother went to the MC’s office in Montvale and she did not receive the reminder from the MC’s office to renew their dog license for 2021. When Anna’s mother went to pay for Teddy’s dog license, the clerical assistant told her the cost was $17 ($7 for the license and $10 late fee). Anna’s mother was perplexed as she did not receive a reminder in the mail so she knew to come in. Is the MC required to notify pet owners to renew their animal licenses each year?

A

No

70
Q

Are service dogs, seeing eye dogs, or hearing dogs required to be licensed?

Do they pay for a license?

A

1) Yes

2) No

71
Q

Marilyn went to the MC Office to license her new puppy who is 11 months old. The dog’s rabies vaccination expires on October 31, 2021. Can the dog be licensed?

A

No; Jackson’s vaccination would need to be valid for a full 10 months (until Nov 1) to be vaccinated

72
Q

What is a prerequisite for licensing a dog or cat?

A

Proof the dog or cat has been vaccinated against rabies

73
Q

The Borough of Annadale hired a new CFO. The prior CFO kept the dog licensing fees in a separate account. The new CFO said they will go into the current fund with all other money received in the Borough. Who is correct?

A

The prior CFO was right. There should be a separate special account for dog licensing.

74
Q

What is the term of a liquor license?

A

1 year: July 1 to June 30

75
Q

Who provides License Certificates to the Municipal Issuing Authority?

A

Director

76
Q

When is a Person-to-Person transfer required?

A

When a license passes from one ownership entity to another

77
Q

Don decided to buy a liquor store and move it to an area in his town closer to his home. What 2 transfers will take place? What are the fees Dom will pay to the Municipality?

A

Person-to-Person transfer and a place-to-place transfer. Fees will be 20% of the annual renewal fee to municipality.

78
Q

What is the population requirement for 1 plenary retail consumption license?

A

The total number is fewer than 1 for each 3,000 of its population determined by most recent federal census

79
Q

When must liquor licenses be renewed by? What if they are not?

A

Renew by July 1 or licensee must secure an ad-interim temporary permit from the Director

80
Q

When is a Place-to-Place transfer required?

A

Change in location from one site to another; new construction; expansion of licensed premises; reduction of premises - voluntary reduction of the premises or de-licensure of all or portion of premises

81
Q

What fee is paid to the ABC for a change in corporate structure?

A

No fee

82
Q

The Home School Organization of Lisa’s son, Lance, School held a raffle to raise money for new playground equipment. Now that the raffle is over, when does the organization file their report of Raffle Operations with LGCCC?

A

15th day of the month following the calendar month in which the license was held

83
Q

By when must the Municipal Clerk submit the Municipality’s Annual Report to Legalized Games of Chance?

A

On or before January 31 of following year

84
Q

Can a Games of Chance be conducted on a Sunday? When can they?

A

No; unless the municipality adopts an ordinance authorizes it

85
Q

How long is the identification number from LGCCC valid for?

A

2 years or until modified, suspended, or revoked by Commission

86
Q

Is a municipality permitted to have an ordinance which exempts organizations from paying the raffle and/or bingo fees for LGCCC?

A

No; can waive fees to municipality

87
Q

Who votes to approve or reject Bingo and/or Raffle Law in the Municipality before it becomes operative?

A

Legal Voters of the Municipality

88
Q

Joe Anton owns a limo company in Hackensack. This is the principal place which the Company operates out of and dispatches its Drivers. Joe lives in Mahwah. Can Joe apply to the Municipal Clerk in Mahwah to receive a license to Operate his business? Why or Why not?

A

No; Joe can only apply in the municipality where the principal place of business is located, the municipality where drivers are dispatched, and where limousine service is conducted

89
Q

Who does a limousine company owner file a duplicate of the license received from the MC with?

A

Director of Motor Vehicle Commission

90
Q

How does a municipality determine the number of taxi licenses which will be available in the municipality for issuance?

A

The municipality will determine the number by ordinance

91
Q

How does the Governing Body designate the individual to serve as purchasing agent?

A

ordinance

92
Q

With an award of contract, where does the municipal clerk publish the notice? What shall the notice include?

A

Notice should be published in the official newspaper; the notice shall include the nature, duration, and amount of the contract; the name of the vendor; and a statement the resolution and written contract are on file and available for inspection in the MC’s office

93
Q

What is the duration of a standard contract?

A

24 consecutive months

94
Q

What is the duration of a professional services contract?

A

12 consecutive months

95
Q

How does the Governing Body authorize the sale or disposition of public personal property?

A

by Resolution

96
Q

What may competitive contracting be used in lieu of?

A

public bidding

97
Q

When are competitive bids required?

A

For expenditures in excess of the bid threshold to be paid with or out of public funds

98
Q

What does Extraordinary Unspecifiable Services (EUS) mean?

A

Services which are specialized and qualitative in nature, requiring expertise, extensive training and proven reputation in the field

99
Q

Who are businesses doing business with the municipality required to be registered with? What must they provide to the municipality before doing business?

A

State; proof of registration (NJBRC)

100
Q

Within how many days must the governing body award a contract from when proposals are received? When can the time be loner/ How is the contract awarded?

A
  1. 60 days of receiving proposals
  2. Agreed between both vendor and municipality
  3. Awarded by resolution
101
Q

Up to what aggregate amount in a contract year can the purchasing agent not exceed when awarding a contract? Qualified Purchasing Agent? Through what action of the Governing Body?

A
  1. $17, 500 aggregate amount
  2. $40,000
  3. Resolution or Ordinance
102
Q

What does contracts law specifically require all contracts be?

A

In writing

103
Q

Who does contracts law require all contracts or purchases in excess of the formal bid threshold be awarded to?

A

Lowest responsible bidder

104
Q

By who and no later than when is the bid threshold amount adjusted? When is the governing body notified of the adjustment? When is the adjustment effective?

A
  1. Governor in consultation with the Department of Treasury
  2. March 1st of every 5th year from 2000
  3. Governing Body notified no later than June 1st every 5th year from 2000
105
Q

Who are cooperative systems required to be registered with?

A

Division of Local Government Services

106
Q

Who does pay to play affect?

A

All contracting units subject to the local public contracts law that enter into a contract with an anticipated value in excess of $17,500

107
Q

What does the fair and open process require the non-fair and open process does not?

A

Competitive Elements

108
Q

When did the Pay to Play law take effect

A

January 1, 2006

109
Q

Where are bond ordinance posted?

A

Bulletin board or other place which public notices are customarily posted in the principal municipal building

110
Q

What happens if a protest is filled with the municipal Clerk on the ordinance?

A

Ordinance remains inoperable until ratified by referendum of the voters

111
Q

What does a bond ordinance authorize?

A

The Capital Improvement; appropriates money for that purpose and authorizes the issuance of bonds or notes to finance

112
Q

How much time must lapse between the first reading and final passage of a bond ordinance?

A

At least 10 days

113
Q

Can the public hearing of a bond ordinance be adjourned to another specified date and time without the publication of the ordinance or notice?

A

Yes

114
Q

At the final adoption of a bond ordinance, what vote is required for passage?

A

Affirmative vote of 2/3 of the full membership of the governing body

115
Q

If an affected property owner is not notified of the local assessment improvement ordinance through personal service or certified mail, does it invalidate the proceedings?

A

No

116
Q

Who is the Local Assessment Improvement Ordinance sent to? How far in advance of the Public Hearing?

A

All Affected Property Owners; At least 1 week prior to the public hearing

117
Q

At the first reading/introduction of the local assessment improvement ordinance, how is the vote taken? What vote is required for passage upon introduction?

A

Roll Call vote; affirmative vote of a majority of the members present

118
Q

How is the local assessment improvement ordinance read at the public hearing?

A

by title if properly posted; in full if not

119
Q

When can emergency temporary appropriations be made?

A

Period between the beginning of the budget year and the date of the adoption of the budget

120
Q

How are all budgets approved or amended and adopted?

A

By resolution

121
Q

When can the Capital Budget be amended?

A

At any time during the year

122
Q

What must happen for the Budget not to be read in full?

A
  1. Complete copy available at least 1 week prior to hearing and at hearing
  2. Available to review upon request
  3. Resolution passed by a majority of authorized membership stating the law has been met and can be read by title
123
Q

What Vote is required to adopt the Emergency Temporary Appropriations Resolution? Who is the Resolution filed with?

A

Not less than 2/3 of authorized membership filed with the Director of DLGS

124
Q

What is the primary purpose of the official budget?

A

To provide an orderly system of financial control

125
Q

Who is the official budget document provided by?

A

DLGS

126
Q

Where is the Advertisement for the budget advertised? How many days before the date of the public hearing?

A

Official newspaper; 10 days before public hearing

127
Q

Name the 6 Funds that are used by NJ Municipalities?

A
  1. Current Fund
  2. General Capital Fund
  3. Trust Fund (s)
  4. Dedication of Revenues by Rider
  5. Utility Operating and Capital Funds
  6. Grant Fund
128
Q

What are the 7 Major Revenue Items?

A
  1. Anticipated revenues
  2. Surplus
  3. State aid
  4. Grants
  5. Miscellaneous revenues
  6. Delinquent taxes
  7. Current taxes
129
Q

How many readings does the budget required?

A

2 readings

130
Q

What are the 2 times appropriation transfers can be made? Through what action of the governing body? What vote is required?

A
  1. During the last 2 months of the current budget fiscal year by a resolution by 2/3 full membership
  2. During first 3 months of succeeding year b 2/3 full membership
131
Q

How many days must be between the introduction and public hearing of the budget?

A

Not less than 28 days

132
Q

What is every municipality required to have? What can the individual not be a member of?

A

CFO; who cannot be part of governing body

133
Q

What period does the adoption of the temporary budget cover?

A

First quarter of the fiscal year

134
Q

When can a municipality do the self examination of their budget

A

when it is in sound fiscal condition

135
Q

The amount of anticipated revenue is subtracted from the amount of appropriations for the budget year with the difference being:

A

the amount raised through taxation for municipal purposes

136
Q

What are the 2 annual budget calendars?

A
  1. Calendar fiscal year (Jan 1 - Dec 31)

2. State fiscal year (July 1 - June 30)

137
Q

The adoption of the temporary budget shall not exceed X of the total appropriations made int he budget for the preceding fiscal year

A

26.25%

138
Q

What is the fund structure?

A

A set of self-balancing accounts that provide for the separate reporting of income and expenditures by type of function or operation of the organization

139
Q

What laws deal with the state regulation of local budget matters?

A

Local Budget Law (NJSA 40:A:4-78(b))

Intro to Duties of Municipal Clerk (4 decks)

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