Review Class Flashcards
What are the 4 forms of local government
Counties
municipalities
school districts
special districts
What are considered creatures of the state
The 4 forms of local government
county
municipalities
school districts
special districts
How many counties are in New Jersey and how are they classified
21 counties
size
geographic location
population density
How are New Jersey’s 565 municipalities classified
1st you pick the form
Special Charter
Commission
Municipal Manager
Optional Municipal Charter
Then you pick the type types
city ,town, township, village and Borough forms of municipal government
What are sources of revenue for municipalities
Property tax
Miscellaneous Revenue
State Aid
Public Utility Tax
Surplus
What mandates the authority of local officials to perform their functions
State statutes
Examples of optional municipal charters
- Mayor council plan
- Small municipality
plan - Mayor Council Administrator
Plan - Council Manager Plan
powers of a municipality
- Organize and regulate internal affairs
- adopt and enforced policies
- Sue and be sued
- exercise powers of taxations
Type one school district
- Board of ed appointed by the mayor
- Text Levy is determined by the board of ed
- School tax Levy is approved by the board of estimates
- School debt is the debt of the municipality
Type II
school district
- Board of ed is elected by the voters
- Text Levy is approved by the voters
- School Debt is the responsibility of the school
Examples of special districts
Fire protection
Garbage collection
Street lighting
Water
Name sources of basic law
Chapter law AKA public law
New Jersey statue Annotated
New Jersey administrative code
Case law
Define case law
Court decisions which create, alter or abolish New Jersey Statutory provisions
Define NJSA
New Jersey statutes annotated
Define New Jersey Administrative Code
How to book rules and regulations
Define case law
Court decisions which create alter or abolish New Jersey statutes or provisions
Where are the rules and regulations found pertaining to New Jersey ABC
N JAC
What is the statute for alcoholic beverage control
NJSA Title 33
NJSA 33
New Jersey Administrative Code for Alcoholic Beverage Control
N JAC Title 13 Chapter 2
NJAC 13:2
Statute for assessment searches
NJSAtitle 54 chapter 5 section 14
Statute for board of health/vital statistics
NJSA Title 26
NJSA 26
Statute for board of education
Is NJSA title 18A
Statute for Civil Service/NJ Personnel
NJSA Title 11
NJSA 11
What is the New Jersey administrative code for civil service
NJAC 4A
Statute for dogs/agriculture
NJSA Title 4
NJSA 4
Statute for elections
NJSA Title 19
NJSA 19
Statute for the Faulkner act
NJSA Title 40 Chapter 69A Section 1
NJSA 40:69A-1
Statute for legalized games of chance administrative code
N JAC Title 13 Chapter 1
NJAC 13.1
statute for local public contracts law
NJSA title 40A chapter 11
Statute for local budget law
NJSA title 40A chapter 4
NJSA 40A:4
Is statute for local bond law
NJSA title 40A chapter 2
Statute for municipal land use law
NJSA Title 40 Chapter 55D
NJSA 40:55D
Statute for non partisan elections
NJSA Title 40 Chapter 45
NJSA 40:45
Statute for open Public meetings act
NJSA title 10 chapter 4 section 6
Statute for Public Records
NJSA Title 47 Chapter 1A Section 1
NJSA 47:1A-1
Statute for reorganization meeting
NJSA Title 40 Chapter 45A Section 1
NJSA 40:45A-1
Statute for municipal clerk
NJSA title 40A chapter 9 section 133.1
NJSA 40A:9-133.1
Where can the law be found for ABC
NJSA 33
Where are laws found
NJSA
Where are rules and regs found
N JAC
What does NJSA19 represent
Elections
Where can the law be found pertaining to elections
NJSA19
What local institutions must an rmc interact with
Schools and school boards
Public libraries
Historical societies
Chambers of Commerce
Media
Can a person be appointed or re appointed without an RMC certificate
No you need to be a licensed municipal clerk
Define open public meetings act
To ensure the right of citizens to have adequate notice of and right to attend meetings of public bodies at which any business affecting the public is discussed or acted upon in any way except those circumstances where the public interest would be endangered
Define Public Body
Means a commission authority board council committee or other group of 2 or more persons organized under the laws of the state and collectively empowered as a voting body to perform a governmental function affecting the rights duties obligations privileges benefits or legal relations of any person
Define meeting
Any gathering whether corporated or by means of communications equipment which is altered by or open to all of the members of a public body
Define public business
Means and includes all matters which relate anyway directly or indirectly to the performance of the public bodies functions or the conducts of its business
Define adequate notice
Advance notice of at least 48 hours
Define official newspaper
Paid published and circulated in the municipality
Would an electronic newspaper be considered an official newspaper
No
Define annual notice
Means at least once a year within 7 days following the annual organization or reorganizational meeting
48 hours notice
Means notice of a meeting commonly known as special meetings shall be mail telephone telegraphed email hand delivered to at least 3 newspapers and posted in certain places and shall contain date time place in purpose
What are some examples of a public body
Governing body
Environmental Commission
Rec Committee
Planning board
Zoning board
Are all meetings of public bodies open to the public
Yes and public comments aloud
Are all approved minutes available to the public
Yes
Do agendas have to be made public
Yes
What are 10 exceptions that allow you to go into close session
• Federal or State Mandate
• Impair right to receive funding
• Individual privacy
• Negotiations
• Real Estate
• Public Safety
• Attorney Client Privilege
• litigation
• Personnel
• Deliberations
1.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
What is the personnel exception
Rice notice
What is a quarrum
The number representing the majority of the members of a governing body that when duly assembled is legally competent to transact business
Violation of OPMA
If the meeting was not noticed properly any action the governing body took is null and void
to correct it any action taken will need to be redone at a properly noticed meeting
Define consent agenda
Provides rapid effective action on routine non controversial matters meeting no discussion
Examples of things on a consent agenda
-Resolution
- Approve routine licenses
- Approval of previously circulated minutes
- Routine financial matters
- Receipt and filing of monthly reports
- Routine resolutions of congratulations
- Awards and contracts
Are consent agenda items discussed individually
No
What is a bill’s list
Authorizes the payment of all municipal expenditures mandated that a listing of all bills are approved prior to payment
Define certificate of available funds
It’s required by many municipalities before approving a bill’s list since over expenditures of municipal appropriations is an indictable offense
When is the reorg meeting held
This school year January one reorganization meeting must be held on January 1st or some other hour on any day during the 1st 7 calendar days of the year
Fiscal year July one non partisan must be held July 1 of each year
When does the clerk run the meeting
If the mayor is selected annually by the governing body or the mayor was elected the preceding November and only till the mayor is warning then she relinquishes the chair
Give some examples of things that would appear on a reorg agenda
Mayor’s appointment
- Appointment of council president
- Professional service appointments
- Rules of order Rules of order
- Is annual calendar
- Established depositories
- Establish annual newspaper
Define ordinance
Any act or regulation by the governing body of any municipality required to be reduced to writing and read it more than one meeting. Essentially permanent laws of the municipality
How do you adopt a basic ordinance
-first reading
-published 1 week prior to public hearing
-post in municipal building
- Public hearing must be at least 10 days from 1st reading
- Final adoption must be 10 days after 1st reading by roll call vote
- must be spread in full in the minutes
FYI Publication Tip !
When calculating advertising the date of publication is not counted date of hearing is counted
Ordinance in minutes
Should be spread and full and vote also recorded
What is the notice of time period before ordinance takes effect called
Estoppel And it’s 20 days
Define resolution
Any act or regulation by the governing body that is required to be reduced to writing but maybe finally passed at the meeting it was introduced
Is the legal effect of a resolution and an ordinance the same
Yes absolutely the same
Define codification
Code book of the municipality
Does the municipal clerk have to sign the minutes
Yes and in a Falkner community the mayor must sign as well
Minutes
Pertain to all meetings showing time place members present subjects considered actions taken and vote defined as what is done not what is said
Where are the rules of order set
At the Reorg meeting
Robert’s Rules or Cushing’s Manual
Mock
agenda
-Pledge
-Sunshine statement
-roll call
-approval of minutes
-ordinance
-Resolution
-approval of bills list
-old business
-new business
- public comment
-adjournment
What dictate
order things are placed on the agenda
Parliamentary procedure
What are the methods of voting
Voice vote
Roll Call
Show of hands
Ballot
Rule of consent
How is the business of an organization transacted
Is through motions
Define parliamentary procedure
Rules and regulations needed to conduct the business of an organization
What is a privileged motion
Does not relate depending business but overriding importance
Examples of a privileged motion
-Fixed time to Adjourn
- Adjourn
-recess
- question of privilege
-orders of the day
Name the motions in rank order
Privileged
Main
Subsidiary
Incental
Special
What is a main motion
Proposals to commit the organization to action example resolutions
Examples of a subsidiary motion
Lay on the table
- end debate
- limit/extend debate
- postpone to a definite time
- refer to a committee
- postponed indefinitely
Examples of incidental motions
-Division of question
- division of assembly
- withdraw motion
- object to consideration
- point of order
- Parliamentary inquiry
- point of information
- appeal the decision on the chair
-Suspend a rule
True or false a motion of higher rank takes precedence over a motion of lower rank
True
Example of special motions
-Take from the table
- recind, repeal something previously adopted
-reconsider
What motion does end debate fall under
Subsidiary
What motion does take from the table fall under
Special
What motion does reconsider fall under
Special
What motion does lay on the table or end debate fall under
Subsidiary
What motion does refer to a committee or amend fall under
Subsidiary
What motion does fix time to adjourn recess or question of privilege fallinder
Privilege motion
What is abstention vote the same as
Not voting
Does not mean a no vote
What does it mean to recuse
Signifies a conflict of interest
Does a tie vote defeat emotion
Yes
True or false results of a vote must be announced before the action is official
True
Are meetings required to be recorded
No
Difference between an ordinance and resolution
Ordinances require advertising and to be read more than once
Resolutions are passed at the same meeting the introduced and do not have to be advertised
What is the advertising deadline for a special meeting
Is provided as soon as possible following the calling of a meeting written posted in public place and delivered to 2 newspapers
Advertising deadline for annual notice
Within 7 days following the annual reward meeting
Define record series
A group of related records filed used together as a unit for retention purposes
Define records inventory
A descriptive listing of each record series or group with an indication of the location where the data can be found
Define records retention schedule
Listing of record series titles or categories indicating the length of time each needs to be maintained
Define public record
Any information that a public agency generates or receives intrance action of its official duties
Who compromises the state records committee
Important
AKA SCADS
State treasurer
Chief of Archive
Attorney General
Director of Local Government Services
State Auditor
Is who is the record’s officer
Municipal clerk
Who is the custodian of a government record
Municipal clerk
Define custodian of a government record
Municipal clerk
Define records officer
Municipal clerk
What records require immediate access
Budgets
Bills
Vouchers
Contracts
Government Employee Salaries
How do you request a public record
Must be in writing
Can fax ,email or hand deliver
OPRA fees
8 1/2 x 11 is 5 cents
8 1/2 by 14 is 7 cents
How do you deny anOPRA request
In writing and it must identify the specific legal basis for denial
What is the division of revenue and enterprise services
The statutory authority for public records and approves the destruction of records which have outlived their value to the public
What does DORES stand for
Division of revenue and enterprise services
What is DORES
Authority for public records and approves destruction of records that have outlived their useful life
What are the 3 pillars of a municipalities records management program
Rolls and responsibilities
Policies and procedures
Education and training
What does ECMS Stand for
Enterprise Content Management Systems
What does ECM S do
Process for gaining controls of records and informations it has tools and strategies to assist in the management of municipalities unstructured information and records it is a central technology platform used to capture manage store and preserve and deliver electronic content including those deemed records
What 3 types of methods are an important part of a filing system
Alphabet
Numeric
Alpha numeric
Who is NARA
Provides guidance on categorizing and scheduling records found on websites
What 3 general groupings does N ARA use
Web records that document the sites content
Web policies and procedures
Records documenting copyright issues
Who approves the records retention schedule
State records committee
What factors go into records retention schedule
Haler
Administrative
Legal bisis
Research
Historical
Essential/Vital Records
How would you dispose of records
Physical destruction or transfer of ownership
What system do You request the disposition of records
Artemis
Methods of destroying inactive records
Shred
Burn
Erase
Recycle
Archive
Deletion
What does the records retention and disposition management system of DORES do
To provide Efficiencies across government and educational agencies in addressing records management function processes and service
Methods of disaster recovery
Hard copy recovery
Salvage Methods
How to arrange files and classification systems
A classification system is
a logical
practical
standardized
simple based on organizational functions involved not too redundant flexible for expansion
Define public record
Any information that a public agency generates or receives in the transaction of its day
Define public agency
Any of the principal departments in the executive branch of state government division board bureau office commission within or created by such government
Who is the government records council
Established within the DCA consist of
the commissioner of community affairs
commissioner of education and
3 public body members appointed by the governor
What is the alternative to retaining paper records
Digital or photographic images also known as image processing system
What is a file plan
It’s a road map to locate records. A standardized records classification scheme
Examples of records that are exempt from public disclosure
Dd 214
-victims records
- security surveillance technology
- Emergency or security information that would generalize a building
- Records where inspections at examination or copying would substantially interfere with the state’s ability to protect or defend against terrorism
- Resume your applications for ongoing recruitment
- Information relating to medical psychiatric treatment or diagnosis
- Text returns or personal income
NJSA19
Elections
NJSA 40:45
None partisan elections
NJSA18A
School board elections
Month and date of school elections
3rd Tuesday in April can be partisan or non partisan
Month and date for municipal elections
2nd Tuesday in May non partisan
Month and date for primary election
1st Tuesday after the 1st Monday in June for partisans
Month and date for the general election
1st Tuesday after the 1st Monday in November
When is a run off election held and what is the purpose of it
Held in June or December 4th Tuesday following the municipal election or the 2nd Tuesday and November if me in a list of elections held with the general election it’s for non partisans and it’s when a significant number of candidates do not receive a majority of the votes cast
Month and date a fire district elections
3rd Saturday in February
What is an irregular ballot
Write in ballot
What is a spoiled ballot
Paper ballot that has been ripped or marred in some manner
What is an emergency ballot
Used when someone must wait 15 minutes or more to vote do the malfunctioning machine or court ruling
What is a removed resident or presidential ballot
Is a registered voter who was formerly a resident of one of the moved out of the country to another country state or district who by reason of insufficient period of residence his or her new place of residence will not be able to qualify to vote in a presidential election
Provisions when you move within a municipality for election purposes
Provisional voting or paper valid votes at the new place after completing affirmation statement
Provision when you move within the county. Election purposes
Provisional or paper ballot votes at the new place after completing an affirmation statement
Who certifies election results in a non partisan election
Municipal clerk
What is an independent
Refer to as the 3rd party often reflects popular attitude or concerns different viewpoint from republicans and democrats
What is unaffiliated
Not affiliated any longer with any political party but they once were
Affiliated
Those who belong to a political party
Undeclared
Virgins have never associated themselves with any political party
What does partisan mean
They belong to a political party
What does non partisan mean
They do not belong to any political party
What is fail safe voting
Provisional voting or paper voting
Electioneering
100’ from outside entrance of a pulling place
What is bracketing
Several candidates from the same office may petition that their names be grouped together and one designated name by them printed opposite from their names
Define chronological index
An index of all election dates and deadlines
What are the eligibility requirements to register the vote
18 years old are US citizen a person who is a resident of the State of New Jersey and of the country at least 30 days before the election
What is the deadline to register devote
21 days before the election
What is the Deadline for certification of suggested polling places by the RMC
Is April 1st to the county board of elections
What are the Hours for polling places
6 AM to 8 PM for the general and primary
Who is allowed in polling places
Candidates challenger’s voters pull workers the municipal clerk the deputy clerk the county board of elections and staff
Dealing with the district board or Pole workers who is the chair person of the district board
The judge
What are the duties of the district board workers
Report 45 minutes before the polls open
Prepare polling place for voting
Open polls at 6 AM and close at 8 PM and in between
Verified voters are registered
Maintain order at the Poles
Make sure flag is displayed at the outside entrance
What is the 1st thing you see when entering polling place
American Flag
What is the procedure for vote by mail and who receives it
Received by the county clerk at least 7 days prior to the election if it is mailed
Delivery by 3 PM the day prior to the election if the voter appears in person. If a voter received a vote by mail they shall Be permitted to vote at the polls by provisional ballot after completing the affirmation
What are the powers of challenges
Is challenge the right to vote by any person
May I ask all necessary questions to determine the right to vote
Maybe present mall voters casts are counted
Power to challenge the counting
Types of challengers
Authorized challenges for the respected political parties
Authorized challenges for the candidates
Proponents or opponents of the public question
To change a party affiliation what is the deadline
55 days prior to the primary election
In an April school board election who do you file your petition with
School Board Secretary
For a November school board election who do you file your petition with
Is county clerk
Who do independent candidates file their petitions with
County clerk