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
Who do partisan and non partisans file their petitions with
Municipal clerk
What is the filing deadline for an independent candidate
Filed with the county clerk and it is due by 4 PM on primary election day
What is the filing deadline for a primary election
64th day proceeding the primary
clerk must certify list no later than close of business on the 54th day
What is the filing deadline For a municipal election
64th day prior to municipal election
What is the filing deadline for a school election
Received by the school board secretary on the 50th day prior to the election
What is the slogan limit for a partisan
Six words
What is the slogan limit for a non partisan
6 words
What is the slogan limit for an independent
3 words
Can the number of signatures be changed on any petition
No
Are petitions double spaced
Yes
Will the vote count if a candidate in a particular party is written in on the other party line
No
If a candidate is on the ballot can a writer be added to the person’s total
No
What are some reasons to have a special election
To fill a vacancy
recall elections
abandonment of present form of government
initiative or
referendum
exceed the budget law cap
create a fire district
What deems an office vacant
Death
resignation
refusal to serve
judicial determination
What is the procedure to fill a vacant position in a partisan municipality
Occur subsequent to September 1st of the last year of the term the governing body appoints and finishes out the unexpired term.
If the vacancy happens at any other time the vacancy shall be filled for its unexpired term at the next general election. The governing body may fill a vacancy temporarily with an appointment.
The governor makes an appointment when a majority of the positions of the governing body become vacant for example if they were all indicted
How do you feel the vacancy of a mayor in the final 6 months
You don’t
When can a candidate take office
After their election and/or reorg meeting when they’re sworn in
Define referendum
The power of the voters to veto the implementation of an ordinance enacted by the governing body
Define initiative
The power of the voters to propose and enact legislation themselves
What matters are not subject to initiative and referendum
The annual budget
or something that would tie the hands of the governing body
and matters that the governing body has no control over
Who certifies the election results in a partisan election
The county clerk
What matters are available to all municipalities in the form of a referendum
Modify their form of government
Consolidate municipalities
Recreation
Amusement
Establishment of libraries
Approval to exceed the budget cap
Civil service
Fire protection conversion
Police protection
Define non binding referenda
All municipalities have this right results shall not bind the government only the expression of settlement of the voters
Do ominous opalities have the power of recall
Yes
What are the duties of the municipal clerk in a recall
Review notice of compliance
Calculate the cost of special election.
If the notice of compliance was not in compliance return it to the recall committee with a written statement of Y
If notice of compliance return certified copy of approve notice with the statement of the recall officials approval of at the face value of the notice
What is a charter study commission
Studies forms of government in humane society research compare it’s comprised of 5 members
What are ward boundary requirements
They must be continuous compact with population determined formula
Who draws ward boundaries
Board of commission
4 members of the county board of elections
plus a municipal clerk
What are election district boundary requirements
Compact contiguous and clearly defined boundaries
Who draws election district boundaries
The county board of elections
When can’t election districts be changed
75 days before a primary election and ending day of a general election not between January one of a year ending in a 7 and December 1st of a year ending in a 0
When do election districts need to be changed
If more than 750 votes cast or less than 250 in 2 consecutive general elections or if inconvenient for voters
What are some things that can be licensed
Taxi’s limo’s vendors food establishments swimming pools amusement activities rental properties automobile garages lodging
How often are dog licenses issued
It should annually or every 3 years you need proof of rabies
What do the 12 digits in an ABC license stand for
Xxxx - County
Xx
Type
Xxx
Municipal sequence
Xxx
Generation #
What is the location restriction for sale of alcoholic beverages
200’ of churches and schools
What is the number for a club license and the fee
Number 31
Minimum 63
Maximum 188
What is the number for a planarian retail consumption with broad package privileges and fees
Number 32
Minimum 250
Maximum 2500
What number is a planarian retail consumption license and the fees AKA restaurant
Number 33
Minimum 250
Maximum 2500
Summer seasonal license number and fees
Number 34
75% of annual renewal fee for retail consumption license
Winter seasonal license number and fees
Number 35
75% of annual renewal fee for retail consumption license
Hotel exception number and fees
Number 36
Minimum 250
Maximum 2500
Theater exception license number and fees
Number 37
Minimum 250
Maximum 2500
Limited retail distribution license number and fees AKA warm beer
Number 43
Minimum 33
Maximum 63
Planarian retail distribution license number and fees AKA liquor store
Number 44
Minimum a 125
Maximum 2500
What qualifications are required to obtain a club license
60 or more members
Is operate solely for benevolent or charitable causes
Hold non profit status
Active operation for 3 continuous year
Be in possession and use of a clubhouse for 3 continuous years
Number 36 hotel/motel exception license facts
100 rooms or 75 rooms but have been in operation for at least a 120 years in the same building and listed on the national registry of historic places
Number 37 theater exception facts
Nonprofit
100 seats
License for consumption only 2 hours before the show during intermission and 2 hours after the show
Limitation of new licenses for 33-34 and 35 retail consumption licenses Restaurants
No new licenses unless the total issue is fewer than one per each 3000 of population in your latest census
Limitation on new licenses for number 43 and 44 retail distribution licenses which are your liquor stores
No new licenses unless the total issue is fewer than one per each 7500 of population based on your latest sentences
What is the social affairs permit and who is it available to and how often
Non profits organizations can have 12 A year promises can have 25 A year the fee is a $100 for religious civic and education and a $150 for all other non profits
In order for a golf facility to have a special permit they must have what
At least 18 holes spaced over 5000 linear yards and the fee is $2000 per year
What is the term for liquor license
July one through June 30
Is it mandatory that a municipal clerk have a license tax clearance certificate in order to renew the license
Yes
What is the BYOB law
Unless prohibited by Municipal ordinance the Brown bag law permits on licensed restaurants to allow patrons to bring their own wine or beer to be consumed with a meal no distilled spirits
What is a person to person liquor license transfer
When a license passes from one ownership to another
What is a place to place liquor license transfer
Required for a change in location from one side to another new construction or expansion or reduction of a premises
What must accompany all liquor license transfers
Bulk sale permit $75 if they take inventory of the other entity $0 if they don’t want to take inventory there is no fee
What must accompany a liquor license renewal
Tax certificate clearance
What are the fees to transfer for person to person and place to place
10% for only person to person of the annual renewal fee for the municipality
10% of the annual renewal fee for place to place
20% for a combination of both
and the state gets $200
Organizations must register with the commission of L GCC and obtain an identification number how often
Every 2 years
What is the fee for registration for L GCC
A $100 for each renewal
A $100 for the initial Fee
Senior citizen organizations must get a number but there is no fee
What does LGCCC stand for
Legalized games of chance control commission
Clerk submits applications to the L GCC and must allow at least how many days for them to raise any obligation
14 calendar days
How do you disperse the 4 copies of the application
1 to the applicant
1 to the clerk
1 to the police and
1 to the L GCC
How many copies of bingo and raffle license applications need to be submitted
Four
Do original signatures need to be on all for application copy
Yes
What are some prohibited prizes in legalized games of chance
Real estate
stocks
bonds
weapons
live animals
foreign or domestic coins
tobacco
motor vehicle leases
Name different games of chance
Arm chair
Bingo
Calendar raffle
Casino night
Duck race
Hole in one contest
Instant raffle
Is nondra raffle
On premise 5050 draw raffle
Off premise 50/50 raffle
On and off premise merchandise draw raffle
4 h club
Arcade license
Name 6 types of raffles
Calendar raffle
Instant game raffle
nondraw raffle
Off premise and on premise 5050 raffle
On premise and off merchandise raffle
What is the age restriction for games of chance
Eighteen
How many days a calendar month is bingo limited to
Six
When is a report of operations filed with the L GCC the______day of the month following the activity
15th
When is the annual report filed with the L GCC
January 31st
What is the limo insurance provision
1 million 500 dollars and the owner needs to provide a POA
Does an insurance policy and power of attorney need to be provided for taxi’s auto busses and jitneys
Yes
Do all municipalities license limos taxes in jitnes
No
What is the cost for agricultural affairs for age clubs and exhibitors licenses
$50 per game
If it falls under amusement game license the annual fee of $250 excess of 5 games is $50 for each additional game
arcade license
Annual fee of $250 for up to 50 player positions and $10 for each additional player position
Fees for an arm chair race
$50 per license day of operation
Fee for bingo
$20 for each occasion
Fee for a calendar raffle
$20 for each $1000 total retail value of a prize
Fee for casino night
$100 for each day of operation
Fee for a duck race
$20 for each $1000 total retail value of prize
Fee for a hole in one golf contest
$20 for each $1000 total value of prize
Fee for an instant raffle game
$20 for each day of the raffle in which instant tickets are sold or $750 for a one year license
Fee for a non draw raffle
$20 for each game/wheel not exceeding 6 days at 1 location
Off promise 5050 raffle fee
$20 pay the time of application if the price is over a $1000 additional $20 there for each part
Fee for an on premise 50/50 raffle
$20 for each day of the drawing will be conducted only if the prize is anticipated to be other over $400 otherwise no fee
Fee for an off premise merchandise draw raffle
$20 for each $1000 total value of the prize
On premise merchandise draw raffle fee
$20 for each day which the drawing is going to be conducted only if the price is an excess of $400 otherwise no fee
Fee for a reorganized amusement park or shore resort
Annual fee of $250 For a single game of chance
What is the add interim permit timeline/procedure
If a liquor license is not paid by July 1st they must apply for this to continue to operate
What is the timeline for procedure for a verified petition
It is filed 60 days beyond the July 30th 9/28 to file plus a $100 Fee
What is a caters permit
Given to planarian retail consumption (#33) licenses that wish to serve alcohol off license premises at special event weddings fundraisers ECT
What is a wine festival permit
New Jersey wineries may obtain to display provide samples and sell bottles of their own wine off premises
What is a consumer tasting permit
Authorizes wholesale licenses to describe and sample of selected alcoholic beverages in public
Define aggregate
The sums expended or to be expended for the purchase of any good or service dealing with the same immediate purpose or task or furnishing of similar goods over the course of a contracted awarded by the contracting agent
FYI
Similar goods and services must be aggregated and contracts must not be split for the purpose of staying under the bid threshold
Statute for local public contracts law
NJSA 40A:11
Local public contract law RULES
N JAC 5:30 - 5.1
How is a purchasing agent appointed
By ordinance they may become certified as a qpa allowing for a higher bed threshold
Who adjust the bid threshold amount and when
The governor no later than March 1st of every 5th year and it goes into effect July 1st
Who are bids awarded to
The lowest responsible bidder
What are some examples of competitive contracting exempt from public bidding
Professional services
Printing of legal briefs
Printing of legal notices
The goods or services require to prepare an election
The printing of municipal ordinances
Expenses for travel
FYI
All contracts are awarded by resolution within 60 days of receipt
What is the timeline for a request for proposal AKA RFP
RFP shall be published 20 days prior to the date for submission of proposals the contracting unit may charge $50 for bit specs
What are emergency purchases
They can be awarded without public bidding or contract due to an event that could affect the public health safety or welfare requiring immediate delivery of supplies goods and services. Make sure your purchasing agent is aware
What is a state contract
Any local contracting unit may without advertising purchase any goods or services under contract entered into on behalf of the state by the division of purchase and property in the department of Treasury
What does EUS stand for
Extraordinary unspecifiable services
What are Extraordinary unspecifiable services
Services which are specialized and qualitative in nature requiring expertise extensive training and proven reputation in the field of endeavor examples purchasing insurance coverage and consultative services
What must be done before a governing body awards in EUS
Before a governing body awards an EUS contract which exceeds the bit threshold a local unit must file a certificate with the governing body clearly describing the work to be done stating that it is not reasonably to draft specs describe the solicitation of “and describe in detail why the contract meets the provisions of the statute and the rules
What is the dollar amount that triggers pay to play
17500
Contracts that are exempt from public advertising how many bids must be solicited
At least 2 “
What is the duration of a contract
Not to exceed 24 months
How long can professional service contracts be awarded for
A. Not to exceed 12 months
What are the clerks bid responsibilities
Big questions to your study guide page 815
What is a change order
It authorizes a contractor, consultant or vendor performing work to change the quantity or character of work, service, materials and supplies to be performed or delivered from that originally specified or estimated.
What is the 20% limitation
The total number of change order executed for a particular contract shall not cause the originally awarded contract price to exceed by more than 20%
BRC
All businesses that do business in New Jersey with the municipality need to provide one
What is a window contract
A contract between 17500 and the unit’s bid threshold
FYI
Window contracts are still subject to the provisions of the political contributions disclosure requirement as they are contracts over 17500
Reasons a bid can be rejected
Lowest bid exceeds the cost estimate for goods and services
Lowest bits substantially exceeds the contracting units appropriations
Abandon the project
Contracting units substantially revise the specs
Local contract laws being violated
Go with state contracts
What are big guarantee requirements
A guarantee
Consent of surety
Performance bond
Maintenance bond
True or false all contracts must be in writing
True
Statues for bond ordinances
NJSA 40A:2
What is a bond
It is a method by which municipalities incur debt ,finance capital projects over time rather than provide the total cost of the project in the current annual budget
What is a municipal obligation
The municipality issues bonds or notes in order to borrow
What does a bond ordinance authorize
A bond ordinance authorizes the capital improvement, appropriates money for that purpose, and authorizes the issuance of bonds or notes to finance all or part of the cost.
When must the supplemental debt statement SDS be filed
Must be filed with the clerk prior to the introduction and received by the state prior to the adoption of a bond ordinance
Provide examples of what a bond ordinance must contain
Purpose
Period of usefulness
Determination sds is on files
Chapter 20 expenses
5% down payment
20 day East stopple.
Define assessment improvement ordinance
Maybe assess upon the lands in which the vicinity stands to gain benefit. When specific properties gain benefit they can be charged
Who benefits from a regular bond ordinance
All property owners in the municipality
Funding for projects facts
5% down payment
Debt limitations no bond ordinance may authorize the net debt in excess of 3 and a 1/2 percent of the average of the prior 3 years equalized access real property value
Period of usefulness must be noted in the bond
What are BANS
Bond anticipation notes are issued to obtain financing for projects that will eventually be financed through the sale of long term bonds
Who is responsible for assessment searches
The clerk or engineer
What is the fee for an assessment search
$10 with a continuation fee of $2 for the year the assessment search shall issue a certificate within 15 days of the application
What is landlord registration
Applies to all rental premises or units use for dwelling purposes except for owner occupy premises with not more than 2 rental units
Bond for officials/employees
Every officer or employee entrusted or charged with the receipt custody or expenditure of public funds shall be bonded to the local unit for true faithful performance of their duty the treasurer deputy treasurer tax collector deputy tax collector judge courted administrator violations clerk municipal clerk all bonds are filed with the clerk except for the clerk whose bond is filed with the treasurer
What is a tort claim
I might Sue
claim relating to a cause of action for death or for injury to a person or for damage to property shall be presented not later than the ninetieth (90th) day after accrual of the cause of action;
Tort Claim FYI
After the expiration of 6 months from the date of the notice of the claim is received the claim may file suit in the appropriate court of law
Who files a financial disclosure statement and when is it due
A financial disclosure statement is filed by local government agencies government employees and elected officials it’s due by April 30th of each year and it is filed electronically to the New Jersey local finance board. Municipalities may have an ethics board that consists of 6 members
FYI about the financial disclosure statement
The municipal clerk shall remind annually local government officials that these forms are available online and must be filed by April 30th
What are the municipal ethic board powers
To initiate receive here review complaints and hold hearings in regard to possible ethics violation
Issues to subpoena
Forward information to county prosecutor or Attorney General with information concerning violations
Render advisory opinions
Enforce the provisions of the municipal code of athics
Adopt rules and regs as necessary
What are off site conditions page 10: 14
Requires a range of off site conditions to be reported to the clerk who shall make available to the public. The law was enacted to ensure buyers of new residential construction have information available to them about the location of the off site conditions while considering the purchase of property
What is the known contaminated sites in New Jersey municipal report
Provided annually to the clerk on or about August 31st by the NJDEP
When must the clerk be appointed registrar
When the population is less than 5000
Who appoints the deputy registrar
The registrar
If the clerk and the registrar are the same do their terms of office run concurrent
Yes
What does P ERS stand for
Is public employees retirement system
What does PFRS stand for
Police and Firemen’s Retirement System
Any salary employee with the exception of temporary personnel who is expected to earn $_________ per year and is not a member of the public retirement system must be enrolled in the pension what is the dollar amount
1500
In PFRS what is the service retirement age
55 or older with no minimum number of years of service credit required.
What is special retirement in the PFRS retirement system
Available at any age to members having twenty-five (25) or more years of service credit.
What is deferred retirement in the PFRS system
10 or more years service but not 55
Payable at 55
What is ordinary disability for PFRS
4 or more years service who are deemed totally and permanently incapacitated
What is the age for service retirement In the PERS retirement system
Is 60 or older
What is early retirement in the
PERS retirement system
25 years of service but not 60
What is ordinary disability in the PERS retirement system
10 or more years of service totally disabled
What is veterans retirement in the PERS retirement system
60 years old with 20 years in the pension
55 years old with 25 years in the pension
FYI for accidental disability in PERS and PFRS
No age OJI
What is the life insurance amount for PFRS
3.5 times your annual salary
What is the insurance amount for the PERS retirement system
1.5 times your annual salary
What is perc
Public employment relations commission
What is the purpose of perc
It is the entity that deals with labor relations in the public sector it allows for the formation of unions for collecting collective bargaining purposes
Who is PERC made up of
7 members appointed by the governor
Who cannot be in a Union
Elected officials
Members of boards or commissions
Managerial employees
Confidential employees
Who can be in a Union
Police
non police
Supervisors
Fire employees but they are in a separate Union
What items can be negotiated in a contract
Salaries
Hours
Vacations
Fringe Benefits
Grievance procedures
Disciplinary review proceedings
Leave of absence
What can not be negotiated in a contract
The governing body
pensions
state health benefits
What are the steps in an impasse
Mediation
Fact Finding
Last Best Offer
Arbitration
Agreements
What does PACO stand for
Public agency compliance officer
What is a paco
It is the public agency compliance officer and it must be appointed annually and noticed sent to the New Jersey department of Treasury by January 10th of each year
FYI
New Jersey statue provides that no public work contract can be awarded or money paid until contractor has agreed to contracts performance which complies with the affirmative action program
What does LOSAP stand for
Length of Service Award Program
What is LOSAP
Provide tax deferred income benefits to active volunteers Members of an emergency service organization
How is LOSAP established
It is established when an ordinance is adopted and then ratified by voters at a general election
True or false municipal property that has outlived a useful life or is no longer necessary can be sold at public auction
True
What is right to know
Program for the disclosure of information about hazardous substances in the workplace. MSDS must be maintained by the municipality
What is the mortgage stabilization and relief act
Requires mortgage holders to notify the municipal clerk of any intention to foreclose on a residential property they must provide notice to the municipal clerk within 10 business days
True or false the current year municipal budget shall be posted on the website as well as the prior 3 years budget
True
True or false the current year user friendly budget is to be posted on the borough website as well as the prior 3 years user friendly budget
True
Residence/special assistance
Governing body by ordinance may require the municipal clerk to maintain a list containing names and addresses of residents who identify as needing special assistance
What is a centralized format
When one department is responsible for all major financial functions
What is a decentralized format
Fiscal responsibilities are shared by a number of departments and officials
Examples of fund structures
Current fund
general capital fund
trust fund
dedication of revenues by rider
Grant funds
utility operating fund
Define fund structure
Is a set of self balancing accounts that provides for the separate reporting of income and expenditures by type of function or operation
True or false each municipality must maintain a written chart of accounts that identifies each account
True
What is a flexible chart of accounts
13 digit code used to identify all accounts
What does FCO a stand for
Is flexible chart of accounts
Current fund revenues are recorded on a what basis. That is in the year the cash is received
Cash basis
What is the 13 digit code used to identify accounts
Flexible chart of accounts
Define fixed asset
Municipal assets items over $5000 or more must be inventoried
Define general ledger
Official permanent record of the municipality that contains a summary of all financial transactions
Define revenue
The amount of anticipated revenues is subtracted from the amount of appropriations for the budget year with the difference being the amount to be raised by taxation examples are surplus stated grants taxes and delinquent taxes
Define basis of accounting
Current revenues are recorded on a cash basis
What is the municipal budget
The difference between the total appropriation and the revenue is represents the amount to be raised by taxation for municipal purposes adoption of the budget constitutes the legal authorization of the Levy of taxes and to spend funds
FYI for budgets
Taxes are assessed and levied by the municipality. The municipality collects taxes for school boards all county taxes special districts as well as municipal taxes
When must the temporary budget be adopted
Adopted by resolution within the 1st 30 days of the budget year
FYI temporary budget
Must be adopted covering the 1st quarter of the fiscal year
What vote is needed to pass the temporary budget
Requires a firmative vote of a majority of the full membership of the governing body
What must the temporary budget not exceed
26.25% of total procreation from the preceding year’s budget
What is the purpose of the budget
Provide an orderly system of financial control
What is the statute for local budget law
NJSA 40A: 4
What is the municipal clerks responsibility pertaining to the budget
Advertisement
Execution
Filing the budget resolution
Any other resolutions and ordinances amending the budget
What does the difference between the total appropriations and revenues represent
The amount to be raised through taxation for municipal purposes
What is a calendar fiscal year or Cy
January one through December 31
What is the state fiscal year or sfy
July 1st through June 30th
True or false no budget can be adopted unless the director has approved the budget
True
Who performs the self examine
CFO
How much are municipalities prohibited from increasing their final appropriations by
2%
What is the cap Levy
Municipalities are prohibited from increasing their final appropriations by more than 2%
Define cola or cost of living adjustment
Annual percentage increase in the implicit price deflator for the state and local government purchases of goods and services for the year preceding the current year
When can budget transfers be done
During the last 2 months of the current fiscal year and during the 1st 3 months of the succeeding year by resolution so November December January February and March and you need a 2/3 vote of the full membership
What vote is needed for a budget transfer
2/3 vote of the full membership
Do you need to do a resolution for a budget transfer
Yes
Examples of special emergency appropriations
To prepare a tax map
Revaluation
Master plan prep
Codification
Prepare drainage map for flood control
Storm water system Map prep
It is paid off over the next 5 years
What are special items of revenue also known as chapter 159
During the course of a fiscal year funds may become available that were not anticipated at the time the budget was adopted resolution must be done to insert the items example clean community grant
School budget for April elections only process for the defeated school budget
-Board of Education shall deliver the proposed school budget to the Governing Body of the municipality, or of each of the municipalities included in the district, within two (2) days thereafter.
-Governing Body consultation with the Board of Education and by May 19th, determine the amount which, in the judgment of the Governing Body/Governing Bodies, is necessary to be appropriated for each item appearing in the school budget and certify to the County Board of Taxation the totals of the amount so determined to be necessary for each of the following:
a. General fund expenses of schools; or
b. Appropriations to capital reserve account.
-Within fifteen (15) days after the Governing Body of the municipality/municipalities shall make certification to the County Board of Taxation,
What parties are eligible for the uniform shared services and consolidation act
Any local unit municipality
county
school district
Health
police
fire
code enforcement
tax assessment and collections
joint municipal courts
senior services social service programs
Must be done by resolution
Local fiscal affairs law statute
NJSA 40A: 5
When is the audit done
Within the 1st 6 months of the fiscal year
Audit FYI
Failure of the municipal clerk to publish within 30 days after the receipt says subject the clerk to a fine of $10 for each day after 30 days publication fails to appear
Who prepares the audit
Registered Municipal Accountant
It must cover the entire fiscal year
Who prepares the corrective action plan
CFO
What are the duties of the municipal clerk for the corrective action plan
Governing body must pass a resolution within 60 days of the receipt of the audit that approves the corrective action plan
One certified copy of the resolution with a copy of the corrective action plan sent to the director of DLG S
Who files the annual financial statement and when is it done
Filed by the CFO by the close of the fiscal year
Annual debt statement
It’s filed with the municipal clerk before the end of the 1st month of the new fiscal year
48 hour rule
All money shall be deposited within 48 hours
What are the rules for appointing an acting municipal clerk and terms
Within 90 days of the vacancy the governing body may appoint a person who does not hold an RMC license for the term of one year commencing on the day to the vacancy
With the approval of the director of DLG S the acting clerk may be reappointed for a maximum of 2 subsequent 1 year terms
Can time serve as an acting clerk be used for TENURE year purposes
No
When filling a vacancy is it for a new term or the unexpired term of the municipal clerk
Appointment is made for a new term
Can someone who holds an RMC certificate be appointed acting clerk
No it is against the law
What are the qualifications for an RMC
21 years of age
citizen of the United States
good moral character
high school diploma or equivalent
2 years of college or year to year full time experience
What is the re appointment of an incompetent municipal clerk procedure
Within 60 days prior to the expiration of the term shall date back to the expiration of the initial term tenure purposes
Renewal information for RMC license
Each renewal. Is 2 years
The renewal date shall be 30 days prior to the expiration date
How much is the renewal cost for an rmc license
$50 parable to the state treasurer
What CEU is required for research
20 in total 2 each in
elections
finance
licensing
professional development
and records
3CE u’s ethics
and the remaining 7 can be a nutty above or information technology
What is tenure
After an RMC has served for 3 years and is reappointed as RMC cannot be removed from office except for good cause
Can a governing body deny an increase in salary given to other municipal employees
No
What 4 key positions must a town have by law
Municipal clerk
tax assessor
CFO
and tax collector
For what can an RMC license be suspended for and by whom
Dishonest practices
willful or intentional failure neglect refusal to comply with constitution
and other good causes
The director
Is the deputy covered by laws pertaining to 10 year salary wages and compensation
No deputy clerk is created by ordinance and adopted by the governing body terms commensation duties powers and functions determined by ordinance
What are the core duties of the municipal clerk
Secretary to the municipal Corporation
Secretary to the governing body
Chief administrator officer of all elections
Chief registrar voters
Administrative officer
Records coordinator and manager
Other duties
Duties of the secretary of the municipal corporation
Custodian of the municipal seal
Maintain custody of all minute’s books deeds bonds contracts and archival records
Attest to the signature of the municipal officers and officials
Maintain receipts of services of legal documents
Duties of the secretary to the governing body
Prepare agenda for reorganization meeting
Maintain and keep new governing body members aware of rules of order and conducting a meeting
Prepare meeting agenda be present at all meetings
Keep an official record of the proceedings of every meeting maintain originals of minutes ordinances and resolutions
Process record file advertise ordinances resolutions and budget
Administer and record oaths of office
Maintain custody of all official records not handled by other departments
Act as a Leah’s on to the public and correspond to the governing body
Duties of the chief administrator officer of all elections
Certified vacancies at local level
Maintain receipt of nominating petitions and certifications to the county clerk
Exercise Quasi judicial authority in determining the litity of petitions
Conduct a drawing for position for candidates on the ballot
Furnish materials for local election
Suggest polling places
Maintain receipt of election results
Certify election results
Duties of administrative officer
Accept application for licenses and permits and issue the same
Issue assessment search certificates
Conduct business with other municipal departments
Purchase equipment and supplies
Mainteen personnel records
Certify to the municipalities bond council as to the proper advertising and filing of the supplemental debt statement
Duties of the records coordinator and manager
Responsible for implements local archives and records retention programs
What does DCA stand for
Department of community affairs
What does LGCCC stand for
Is legalized games of chance control commission
What does DLG S stand for
Division of local government services
Under what core duty does custodian of the municipal seal fall
Duties of the secretary of the municipal corporation
Under what core duty does maintain custody of all minute books deeds bonds contracts and archival records fall
Duties of the secretary of the municipal corporation
Under what core duty does attest to the signature of municipal officers and officials fall
Duties are the secretary of the municipal corporation
Under what core duty does maintain receipt of service of legal documents
Duties of the secretary of the musical corporation
Under what core duty does prepare agenda for reward meeting volunteer
Secretary to the governing body
Under what core duty does maintain and keep new governing body members aware of rules of order and conducting a meeting calendar
Secretary to the governing body
Under what core duty does prepare meeting agenda and be president all meetings fall under
Secretary to the governing body
Under what core duty does keep an official record of the proceedings of every meeting maintain originals of minutes ordinances and resolutions fall under
Secretary does a governing body
Under what core duty does process record file advertise ordinance resolution and budget fall under
Secretary to the governing body
Under what core duty does administer and record oaths of office fall under
Secretary to the governing body
Under what core duty does maintain custody of all official records not handled by other departments fall under
Secretary to the governing body
Under what core duty does act as a liaison to the public and correspond to the governing body fall under
Secretary to the governing body
Under what core duty does certify vacancies at the local level fall under
Duties of the chief administrator officer of all elections
Under what core duty does maintain receipt of nominating petitions and the certification to the county clerk fall under
Chief administrative officer of all elections
Under what core duty does exercise Quasi judicial authority in determining validity of petitions fall under
Chief administrative officer of all elections
Under what core duty does conduct a drawing for positions for candidates on a ballot volunteer
Chief administrative officer of all elections
Under what core duty does furnish materials for local elections and suggest polling places fall under
Chief administrative officer of all elections
Under what core duty does maintain receipt of election results and certify election results for all under
Chief administrative officer of all elections
Under what core duty does accept applications for licenses and permits and issue license impermits fall under
Administrative officer
Under what core duty does issue assessment search certificates fall under
Administrative officer
Under what core duty does conduct business with other municipal departments and purchase equipment and supplies fall under
Administrative officer
Under what core duty does maintain personnel records fall under
Administrative officer
Under what core duty does certify to the municipalities bond council as to the proper advertising and filing of the supplemental debt statement fall under
Administrative officer
Under what core duty does responsible for implementing local archives and records attention program fall under
Record coordinator and manager
What are the 7 core duties of the Municipal Clerk
Secretary to the Municipal Corporation
Secretary to the Governing Body
Chief Administrative Office of all elections
Chief Registar of Voter
Administrative Officer
Records coordinator & Manager OPRA
Any other duties
