Theory / Statutes Flashcards
The local budget law permits the transfer of current year appropriations during what time of the fiscal year?
A. During last three months of fiscal year
B. During first two months of fiscal year
C. During last month of fiscal year
D. During last three month of fiscal year
E. None of the above
E - None of the above
What vote of the governing body is required to authorize the transfer of funds as permitted by the Local Budget Law?
A. Majority vote of the full membership of the governing body
B. Two-thirds vote of the full membership of the governing body
C. Majority vote of those present
D. Two-thirds vote of those present
B - Two thirds vote of the full membership of the governing body.
Which board is empowered to promulgate rules and regulations for the interpretation and administration of state laws within the jurisdiction of the Division of Local Government Services?
A. Local Treasury Management Team B. Local Finance Board C. State Building Commission D. Board of Public Utilities E. None of the above
B - Local Finance Board
Which of the following is described as:
An agency created to perform a specific function or functions within a municipal county or region. By law this agency is required to be self-liquidating. Their budgets and operations are the responsibility of the elected governing body and its management.
A. A Municipal Utility
B. A Special District
C. An Authority
D. A Non-Profit Agency
A - A Municipal Utility
Every Financial institution permitted to be a depository of public funds is reviewed annually by the state of NJ Dept of Banking, and recertified as to their eligibility to act as a depository of public funds. What law requires this certification?
A. Notification of Eligibility Act
B. Governmental Unit Deposit Protection Act
C. Federal Deposit Insurance Protection Act
D. Cash Management Act
E. US Banking and Securities Act
B - Governmental Unit Deposit Protection Act
40A:2 Bond
The Maximum number of annual installments in which obligations for special assessments may be paid cannot exceed how many years.
A. One year B. Ten years C. The period of usefulness D. Twenty years E. None of the above
40A: 2-14 Local Improvement Obligtions
D - Twenty Years
40A:2 Bond
According to the Local Bond Law N.J.S.A. 40A: 2-12, a bond ordinance shall contain in substance which of the following:
A. An authorization for the issuance of obligations
B. An authorization for the assumption by the local unit of the obligations of an authority to be dissolved
C. A determination of the period of usefulness
D. All of the above
E. None of the above
40A: 2-12 Bond Ordinance; contents
D - All of the Above
40A: 2 Bond
The Local Bond Law, N.J.S.A. 40A: 2-10, requires a down payment to be appropriated for the purpose authorized in the respective bond ordinace. Said down payment shall not be less than 5% of the amount of the obligations authorized. The down payment must be made available prior to the final adoption of the bond ordinance and the source of the down payment may be from moneys previously contributed for such purpose as included in the bond ordinance.
A. True
B. False
40A: 2-11 Down Payment
A - True
A bond ordinance adopted by the governing body should include authorization to provide for short term borrowing. According to the local bond law N.J.S.A. 40A:2-8 the short term borrowing instruments is known as Bond Anticipation Notes and these notes may not be issued for a period of time exceeding:
A. One Year
B. Three Years
C. Five Years
D. Ten Years
A - One Year
N.J.S.A. 40A:2-8 further stipulates that all bond anticipation notes shall mature and be paid not later that which anniversary of the date of the original notes?
A. One Year
B. Three Years
C. Five Years
D. Ten Years
D - Ten Years
The local bond law N.J.S.A. 40A: 2-10 requires that “prior to the passage on first reading of any bond ordinance, or ordinance amending a bond ordinance, exept amending as to matters which are not required to be contained in a bond ordinance or which does not increase the total amount of the obligations authorized by such bond ordinance”, the financial officer shall file with the office of the clerk which document?
A. Certification of the availability of funds B. Annual Debt Statement C. Supplemental Debt Statement D. Both A & B E. Both A & C
C - Supplemental debt statement
The local public contracts law, specifically N.J.S.A. 40A: 11-6 permits contracts to be entered into that exceed the bidding threshold if the situation effects which of the following:
A. Sole source availability
B. The public health, safety or welfare of the community
C. compliance with specifications by low bidder
D. All of the above
E. A & B only
B - The public health, safety or welfare of the community
40A: 4 Budget Law
Which of the following would meet the standard to qualify as a dedicated revenue as described in the previous question?
A. Animal Control Fund B. Sinking Fund for term bonds C. A bequest D. Motor vehicle fines dedicated to road repairs E. All of the above
E - All of the above
40A: 4 Budget Law
An appropriation for “cash deficit of preceding year” Shall be raised how?
A. One-fifth per year for five years
B. In full the immediate successive year of the deficit
C. Does not need to appear in the budget as an appropriation
D. None of the above
B - In full the immediate successive year of the deficit
40A: 4 Budget Law
N.J.S.A. 40A: 4-45.2a authorizes that amounts of revenue generated by an increase in its valuations based solely on applying the preceding year’s local purposes tax rate of the municipality to the assessed value of new construction or improvements will result in which of the following?
A. Increase the “CAP” base
B. Decrease in the amount to raised by taxation
C. Increase the reserve for uncollected taxes
D. None of the above
40A: 4-45.2 Limitation on increase of appropriations
A - Increase the “CAP” base
40A:2 Bond
A capital budget would be best described as:
A. A spending authorization
B. A plan for capital project
C. An authorization of debt
D. All of the above
B - A plan for capital projects
40A:2 Bond
The local unit official charged with the legal responsibility of filing the annual debt statement is whom?
A. The municipal clerk
B. The chief executive officer
C. The chief financial officer
D. The registered municipal accountant
40A: 2-40 Annual Debt Statement
C - The Chief Financial Officer
All matters not required to be contained in a bond ordinance may be acted on by subsequent resolutions passed by the affirmative votes of a majority of the full membership of the governing body.
A. True
B. False
A - True
An increase in anticipated revenue may have what effect on the reserve for uncollected taxes?
A. Would decrease the reserve for uncollected taxes
B. Would increase the reserve for uncollected taxes
C. Would have no effect
A - Would decrease the reserve for uncollected taxes
Implementation of a dedicated tax program for open space, recreation, farmland and historic preservation trust fund taxing districts are authorized by which of the following:
A. Governing body resolution
B. State law
C. Referendum
D. None of the above
C - Referendum
The local budget law NJSA 40A: 4-41(c)(1) permits the tax collection rate used to compute the reserve for uncollected taxes to be based on an average when the tax collection rate has been affected by tax refunds or adjustments from successful property tax appeals. The previous number of years included in the average are:
A. Two B. Three C. Four D. All of the above E. None of the above
B - Three
The limitation of a municipalities debt is regulated by the local bond law, specifically NJSA 40A: 2-6. It states that the limit shall be a percentage of the average of the preceeding three years equalized assessed valuation. That percentage limit is which of the following:
A. Two percent B. Two and one-half percent C. Three percent D. Three and one-half percent E. None of the above
D - Three and one-half percent
The corrective action plan should be referenced in which legal notice that is published in the official newspaper?
A. Annual reorganization notice
B. Synopsis of audit report
C. Award of professional service contract
D. Hearing on the budget
B - Synopsis of audit report
40A: 11 Public Contracts Law
A NJ municipality has a fleet of police cars exceeding fifty vehicles. One of the vehicles is damaged beyond repair in a motor vehicle accident. The police chief recommends authorizing the purchase of a replacement vehicle as an ‘‘emergency purchase”, which purchases are authorzed by 40A: 11-6. Since this vehicle is used for public safety it may be purchased without public bidding or prior governing body approval.
A. True
B. False
40A: 11-6 Emergency purchases and contracts
B - False
40A: 11 Public Contracts Law
The governing body of a NJ municipality has appointed a purchasing agent holding a QPA certificate and authorized a local bidding threshold of $29,000. The purchasing agent wishes to award a professional service agreement for $15,000. Pursuant to NJSA 40A: 11-3 b the contract period may not exceed what length of time?
A. Twelve months
B. Twenty-four months
C. Thirty-six months
D. None of the above
NJSA 40A: 11-3 Purchases, contracts or agreements not required to be advertised: adjustment t threshold amount
A - Twelve months
40A: 2 Bond
If a local unit shall require moneys for the purpose of assuring against adopting a budget which sets forth a deficit, the director may recommend that the Local Finance Board authorize the local unit to issue debt. This debt shall be considered as an anticipated revenue applicable to the expenditure for which appropriations are made in a transition year budget. This debt instrument would be known as:
A. Fiscal year adjustment bonds
B. Tax anticipation notes
C. Bond anticipation notes
D. Revenue bonds
40A: 2-51.2 Local unit authorized to issue bonds
A - Fiscal year adjustment bonds
40A: 2 Bond
The local bond law NJSA 40A: 2-52, authorizes refunding bonds and requires which of the following?
A. refunding ordinance, supplemental debt statement and down payment
B. refunding ordinance, no supplemental debt statement and no down payment
C. refunding resolution, no supplemental debt statement and no down payment
D. none of the above
40A: 2-52 Authorization of refunding bonds
B - Refunding ordinance, no supplemental debt statement and no down payment
The same section of the Local Bond Law permits the source of the down payment to be made available from which of the following:
A. By provision in a previously adopted budget or budgets of the local unit for down payment or for capital improvement purposes.
B. From moneys actually held by the local unit and previously contributed for such purpose other than by the local unit
C. By emergency appropriation
D. A & C only
E. All of the above
E - All of the above
Although there are exceptions for specific situations, the Local Bond Law, NJSA 40A: 2-27, requires that the sale of bonds shall be sold at which type of sale.
A. Private
B. Public
C. Negotiated
D. None of the above
B - Public
NJ Local Finance Notice 92-15 requires that a corrective action plan be prepared in accordance with OMB requirements and submitted to the DLGS no more than how many days from the date the audit is received by the governing body?
A. Thirty days B. Fourty-five days C. Fifty days D. Sixty days E. None of the above
D - Sixty days
40A: 11 Public Contracts Law
A local contracting unit has advertised for the same good or services on two occasions. On one occasion no bids were received and on one occasion all bids were rejected because of price. The local contracting unit is now permitted to proceed in which of the following manner?
A. Re-bid same good or service until bids are acceptable
B. Negotiate and award contract by majority vote of governing body
C. Negotiate and award contract by a two-thirds affirmative vote of the governing body
40A: 11-5 Exceptions
C - Negotiate and award contract by a two-thirds affirmative vote of the governing body
Contained in the NJ Budget Law NJSA 40A: 4-22 is the requirement that the budget shall consist of a tabulated statement of:
A. All CAP calculations B. All debt calculations C. All anticipated revenues applicable to expenditures for which appropriations are made D. None of the above E. All of the above
C - All anticipated revenues applicable to expenditures for which appropriations are made
40A: 2 Bonds
BANs issued in compliance with the requirements of NJSA 40A: 2-8.1 requires no principal payments until the notes obtain their maximum number of renewals permitted by law.
A. True
B. False
40A: 2-8.1 BANs; rules and regulations
B - False
NJSA 40A: 2-11 requires that no bond ordinance shall be finally adopted unless it appropriates to the purpose, or ratably to the respective purposes to be financed, in addition to the obligations thereby authorized, a sum as a down payment which is no less than what percent of the amount of the obligations.
A. Two percent
B. Three percent
C. Four percent
D. Five percent
D - Five percent
The local government CAP law 40A: 4-45.1 et seq. addresses the permitted transfer of current and reserve year appropriations. The statute prohibits the transfer of funds authorized by NJSA 40A: 4-58 and 40A: 4-59 from an appropriation that is not subject to limitation to an appropriation that is subject to limitation.
A. True
B. False
A - True
40A: 11 Public Contracts Law
Local units entering into contracts in excess of $100,000 for the improvement of real property are permitted to withhold a percentage of partial payments if agreed to by the contractor. The maximum amount that may be withheld pursuant to NJSA 40A: 11-16.3 is:
A. One percent B. Two percent C. Three percent D. Four percent E. Five percent
NJSA 40A: 11-16.3 Withholding of payment from partial payment; release within 45 days of final acceptance date; maintenance security
B - Two percent
40A: 11 Public Contracts Law
NJSA 40A:11-23 prescribes the general requirements for the advertisement for the receipt of bids. Per this section the minimum requirements that must be satisfied are:
A. The official that should be contacted for specifications
B. Certification of availability of funds
C. The manner of submitting and receiving bids, including the time and place the bids will be received
D. All of the above
E. None of the above
NJSA 40A: 11-23 Advertisements for bids; bids; general requirements
C - The manner of submitting and receiving bids, including the time and place the bids will be received
40A: 11 Public Contracts Law
A local contracting unit has accepted bids. The bids must be reviewed by the appropriate officials. The length of time to conclude this process is uncertain. The prospective contractors submitted bid guarantees. What is the number of days that the local unit must return said bid guarantees to all but the three apparent lowest responsible bidders?
A. Five days, Sundays and Holidays excepted
B. Seven days, Sundays and Holidays excepted
C. Ten days, Sundays and Holidays excepted
D. Fourteen days, Sundays and Holidays excepted
40A: 11-24 Time for making awards; deposits returned
C - Ten days, Sundays and Holidays excepted
40A: 11 Public Contracts Law
By resolution of the governing body a contracting unit may sell personal property not needed for public use and the sale is by sealed bid or public auction. The threshold for determining if the property, provided it is neither livestock nor perishable goods, is to be sold at public auction is what amount?
A. $2500 B. 15% of the bid threshold C. 15% of the original purchase price D. 15% of fair market value E. None of the above
40A: 11-36 Sale or other disposition of personal property
B - 15% of the bid threshold
NJAC 5:34-3.2
The NJAC 5:34-3.2 (a) requires that all leases and services agreements authorized by the local public contracts law shall be subject to competitive bidding if the amount of the lease exceeds the bid threshold for what period of time.
A. During any twelve-month period
B. During any fiscal year period
C. During the duration of a multi-year lease
D. None of the above
NJAC 5:34-3.2 Application of bidding requirements
C - During the duration of a multi-year lease
A change order would not be permitted to change the number of units or items originally advertised and contracted for, even though unit prices were sought in the original specifications.
A. True
B. False
5:30-11.3 General requirements for all change orders
B - False
NJAC 5:34
The assertion that a service can only be provided by a single contractor shall be sufficient to justify avoidance of competitive bidding as an extraordinary, unspecificable service.
A. True
B. False
NJAC 5:34-2.2 General requirements limiting the use of the exception (extraordinary unspecifiable services)
B - False
The local bond law specifies the minimum period of usefulness for any improvement for which obligations are authorized, said time shall not be less than how many years?
A. Two B. Five C. Ten D. Fifteen E. None of the above
B - Five
When a municipality or county adopt to operate under the State Fiscal Year, that period of time from January 1 through June 30 is known as:
A. The adjustment year B. The transition year C. The fiscal year D. The fiscal year adjustment year E. None of the above
B - The Transition Year
What is the basic element of internal control in a finance office?
A. Prompt deposit of all funds B. Prohibition against cashing employee checks C. Periodic surprise cash counts D. A & B only E. All of the above
E - All of the above
Statutory expenditures as contained in the budget may include payments to:
A. Pensions B. Social Security System C. Unemployment Compensation and Temporary Disability Funds D. None of the above E. All of the above
E - All of the above
In NJ the budget system followed is known as:
A. Modified cash basis B. Cash basis C. Accrued basis D. Modified accrued basis E. None of the above
B - Cash basis
Emergency Authorizations are regulated by the local budget law, NJSA 40A: 4-47. This section requires what amount of the regular emergency authorization to be appropriated by the governing body?
A. One-third of the emergency amount in the next three budgets
B. One-fifth of the emergency amount in the next five budgets
C. The full amount in the next succeeding fiscal year
D. None of the above
C - The full amount in the next succeeding fiscal year
Which of the following terms is described as:
An obligation of funds by a local unit arising from the issuance of a numerically controlled purchase order or contract. Said commitment of funds reduces the amount that remains available for spending.
A. Encumbrance
B. Adjusting Journal Entry
C. Certification of Funds
D. None of the above
A - Encumbrance
40A: 4 Budget Law
The Local budget law, NJSA 40A: 4-3.1 (b) requires any municipality deciding to convert to a state fiscal year from a calendar fiscal year perform the following:
A. Apply to the DLGS B. Apply to the local finance board C. Apply to the commissioner of the DCA D. All of the above E. None of the above
40A:4-3.1 Municipalities, operation under state, calendar fiscal year
B - Apply to the local finance board
40A: 4 Local Budget Law
When converting to a state fiscal year calendar from a calendar year a municipality may do so by which of the following?
A. Ordinance
B. Resolution
40A: 4-3.2 Adoption of State fiscal year
A - Ordinance
40A: 4 Budget Law
All budgets shall be introduced, approved, amended and adopted by what vote and by which action of the governing body?
A. By resolution passed by not less than a 2/3rds vote of present governing body members
B. By resolution passed by not less than a 2/3rds vote of the full membership of the governing body
C. By resolution passed by not less than a majority vote of the present governing body memebers
D. By resolution passed by not less than a majority vote of the full membership of the governing body
40A: 4-4 Procedures for adoption of budget
D - By resolution passed by not less than a majority vote of the full membership of the governing body
40A: 11 Public Contracts Law
Every contract for goods and services that in the aggregate exceeds the bid threshold shall be awarded to the lowest responsible bidder. NJSA 40A: 11-4 permits the governing body to reject the lowest bidder if the governing body is made aware of “prior negative experience” with any local contracting unit in NJ.
A. True
B. False
NJSA 40A: 11-4 Contracts and agreements required to be advertised
B - False
40A: 11 Public Contracts Law
NJSA 40A: 11-4.1 authorizes the use of competitive contracting in lieu of public bidding. Competitive contracting may be used for all types of goods and services.
A. True
B. False
NJSA 40A: 11-4.1 Competitive contracting; use in lieu of public bidding
B - False
40A: 11 Public Contracts Law
When competitive contracting is authorized by a resolution of the governing body, it is necessary to pass a resolution each time specialized goods or services are desired.
A. True
B. False
NJSA 40A: 11-4.3 Resolution authorizing use of competitive contracting; process
A - True
The NJAC 5:34-5.2 outlines the procedure for the certification of availability of funds. It is required that no resolution authorizing the entering into any contract shall be enacted unless it shall recite that such a certificate showing the availability of funds has been provided.
In addition it requires:
A. The resolution state the name and address of the vendor
B. The resolution specify the date bids or quotes were received
C. The resolution designate the individual as certifying officer
D. The resolution specify the exact line item appropriation or ordinance to be charged
E. None of the above
D - The resolution specify the exact line item appropriation or ordinance to be charged
The four classifications of revenue as stipulated by the local budget law 40A: 4-23 is which of the following?
A. Surplus anticipated, miscellaneous revenues, federal/state revenues, taxes
B. Surplus anticipated, non-cash surplus, miscellaneous revenues, taxes
C. Surplus anticipated, federal/state with off-setting appropriations, receipt from delinquent taxes, amount to be raised by taxes
D. Surplus anticipated, miscellaneous revenues, receipt from delinquent taxes, amount to be raised by taxes
E. None of the above
D - Surplus anticipated, miscellaneous revenues, receipt from delinquent taxes, amount to be raised by taxes
Within how many days of the beginning of the fiscal year shall a governing body adopt temporary appropriations to provide for the period between the beginning of the fiscal year and the adoption of the budget?
A. Thirty days
B. Thirty-three days
C. Thirty-five days
D. None of the above
A - Thirty days
The contents of a bond ordinance are specified by The Local Bond Law NJSA: 40A: 2-12. Which of the following is required?
A. The purpose of the obligations B. The maximum amount of bonds or notes C. That such statement shows that the gross debt is increased by the authorization of such obligations D. All of the above E. None of the above
D - All of the above
40A: 4 Budget Law
NJSA 40A: 4-5 sets the introduction dates for the municipal budget for both a calendar year and state fiscal year community. The statutory introduction dates are as follows:
A. Calendar year - February 10; State fiscal year August 10
B. Calendar year - February 20; State fiscal year August 20
C. Calendar year - February 10; State fiscal year August 20
D. Calendar year - February 10; State fiscal year September 10
40A: 4-5 Introduction and approval
A - Calendar year - February 10; State fiscal year August 10
40A: 4 Budget Law
A municipal governing body has introduced their town budget on Thursday, February 6 and will hold a public hearing on said budget on Thursday, March 6 (a non-leap year). The advertisement giving notice of the public hearing shall not be published later than which date?
A. February 20
B. February 27
C. February 24
D. March 1
40A: 4-6 Advertisement of budget
C - February 24
40A: 4 Budget Law
A municipal governing body has introduced their town budget on Thursday, February 6 and will hold a public hearing on said budget on Thursday, March 6 (a non-leap year). The advertisement giving notice of the public hearing shall not be published later than which date?
A. February 20
B. February 27
C. February 24
D. March 1
Using the identical dates as presented in above question, would the number of days required between approval and adoption been satisfied as stipulated in the local budget law 40A: 4-7 (time of public hearing)
requirement satisfied
40A: 4 Budget Law
According to NJSA 40A: 4-9, concerning amendments to an introduced budget. An increase or decrease to any item of appropriation by more than 5% would require a public hearing on said amendment.
A. True
B. False
40A: 4-9 Amendments to budget
B - False
40A: 4 Budget Law
The amount to be raised by taxes for school purposes, required to be certified to the governing body of a municipality for inclusion in its budget, shall set forth in a separate section of the budget upon adoption and shall be added to the amount to be raised by taxes by which of the following?
A. Special district tax rate
B. School tax rate
C. Municipal tax rate
D. None of the above
40A: 4-13 Inclusion of amount required for school purposes
B - School tax rate
40A: 4 Budget Law
The governing body may by resolution authorize temporary budget appropriations to provide for the period between the beginning of the fiscal year and the adoption of the budget. The resolution shall be adopted within how many days of the beginning of the fiscal year?
A. Thirty days B. Forty days C. Forty-five days D. Sixty days E. None of the above
40A: 4-19 Temporary appropriations
A - Thirty days
40A: 4 Budget Law
Unless emergency expenditures are eligible for bonding pursuant to the local bond law, said expenditures shall be provided in full by the governing body as a deferred charge in the budget of the next succeeding fiscal year.
A. True
B. False
40A: 4-47 Emergency appropriations provided for in next budget
A - True
40A: 4 Budget Law
A resolution authorizing the adoption of an emergency appropriation shall be adopted by what vote of the municipal governing body?
A. Majority vote of those present
B. Majority vote of the full membership of the governing body
C. Two-thirds vote of those present
D. Two-thirds vote of the full membership of the governing body
40A: 4-48 Emergency appropriations not exceeding , with other appropriations 3% of the operating budget
D - Two-thirds vote of the full membership of the governing body
40A: 5 Fiscal affairs / Ethics
An audit of the fiscal books of a local unit is required to be completed within what period of time according to NJSA 40A: 5-4, the fiscal affairs law.
A. Prior to completion of the fiscal year
B. Prior to completion of subsequent fiscal year
C. Within six months of the end of the fiscal year
D. Within five months of the end of the fiscal year
C - Within six months of the end of the fiscal year
40A: 5 Fiscal affairs / Ethics
The local fiscal affairs law, NJSA 40A: 5-11, has audit services as an exception to public bidding.
A. True
B. False
A - True
40A: 5 Fiscal affairs / Ethics
The local fiscal affairs law, NJSA 40A: 5-17.1, permits a governing body to authorize and employee to issue tax refunds automatically if the amount is less than:
A. $5.00
B. $10.00
C. $20.00
D. $25.00
B - $10.00