reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 8 - FINANCIAL ADMINISTRATION › Section 5:30-8.8 - Reporting requirements for long-term tax exemption projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The annual financial
				statement required for municipalities by the Director pursuant to
				40A:5-12 shall include a schedule of
				"Long-Term Tax Exemption Projects." The schedule shall be subject to audit as part
				of the annual audit of the municipality performed pursuant to
				40A:5-4. The Director may require the
				schedule to be prepared and submitted on a computerized spreadsheet or through other
				computerized form or structure as the Director may specify, as well as, or in lieu
				of, a printed form.
(b) For each
				long-term tax exemption project, the schedule shall include the following
				information:
1. The name of the project;
2. The type of project;
3. An indication of whether the project is located
				in an approved redevelopment area;
4. An
				indication if the project is pursuant to an approved redevelopment plan;
5. The taxable value of the project;
6. The date of the financial agreement, date when
				the tax exemption commenced and the date when the exemption is scheduled to
				end;
7. The statutory basis for the
				exemption;
8. The basis for the
				calculation of the payment in lieu of taxation calculation;
9. For the fiscal year payment obligation
				represented by the Annual Financial Statement:
i.
				The full payment due under the agreement;
ii. The amount paid by the entity responsible for
				making the payment;
iii. The amounts, if
				any, paid to entities other than the municipality (that is, county, school
				district);
iv. For projects financed
				through Redevelopment Area Bonds or Revenue Allocation District bonds, the amount of
				payments pledged for debt service, any unpledged amount received by the
				municipality, amounts, if any, paid to entities other than the municipality, and any
				amount paid by the municipality from a debt reserve fund or remitted through a
				guarantee;
v. The net amount received by
				the municipality; and
vi. If no payment
				was required, the payment was not made, or a reduced payment was made, an
				explanation of the circumstances;
10. For such projects, indication if the required
				annual audit report was received from the urban renewal entity; and
11. Any other such information as the Director may
				determine necessary for a given project.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 8 - FINANCIAL ADMINISTRATION › Section 5:30-8.9 - Annual Financial Statement; reporting requirement for charitable funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For a municipality's
				or county's current year property tax levy, the Annual Financial Statement shall
				report any charitable fund donations that are creditable toward the current year
				property tax levy as an offset to the same, including any spillover fund proceeds
				that may be credited toward the current year property tax levy. Pursuant to
				N.J.A.C.
				5:30-18.3, municipal or county charitable
				contributions shall be deposited into a dedicated trust fund without independent
				spending authority.
(b) For county and
				school district taxes payable by a municipality, the municipality's Annual Financial
				Statement shall reflect any offset resulting from a county or school district
				charitable fund, including any spillover fund proceeds.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 8 - FINANCIAL ADMINISTRATION › Section 5:30-8.10 - Acceptance of third-party financial organization payments

Current through Register Vol. 56, No. 14, July 15, 2024
When authorized through bona fide "bank-by-phone" or "online
				  banking" systems, local units are permitted to accept check-based payments made by
				  banks or other financial organizations on behalf of individual persons when
				  authorized by such persons and when such transactions provide payor
				  information.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 9 - GOVERNMENT ELECTRONIC RECEIPT ACCEPTANCE › Section 5:30-9.1 - Purpose and authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter includes rules and guidance
				for local government units to utilize credit cards, debit cards, and electronic fund
				transfer mechanism as means of collecting local unit obligations.
(b) The rules are authorized pursuant to
				section
				5 of
				P.L.
				1995, c.325 (40A:5-43 et seq.), the Government
				Electronic Payment Acceptance Act.
(c)
				While the title of the legislation refers to "electronic payment," this subchapter
				utilizes the phrase "electronic receipt," as the use of "payment" could be confused
				with the ability of a local government unit to pay its own obligations
				electronically.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 9 - GOVERNMENT ELECTRONIC RECEIPT ACCEPTANCE › Section 5:30-9.3 - General grant of authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Local units may
				enter into agreements with processors to utilize electronic receipts as an
				alternative to acceptance of cash and checks as receipt for local unit
				obligations.
(b) Authorization of the
				local unit obligations that shall be accepted as electronic receipts shall be made
				by resolution of the governing body of the local unit. The resolution shall specify
				both the types of local unit obligations approved for electronic receipt, and the
				types of electronic receipt that shall be permitted.
(c) The use of specialized techniques of
				processing electronic receipt such as, but not restricted to, computer assisted,
				telephone based transactions, computer network based, and other related transactions
				are permitted.
(d) Forms of surcharges,
				fees or other mechanisms that are assessed to the originator of an electronic
				receipt transaction for the purpose of recouping any or all costs the local unit
				incurs in processing electronic receipt transactions may be utilized unless
				prohibited by the processor or by contract with a card issuer.
(e) Transactions related to municipal court
				obligations shall be authorized in accordance with Rules of the Court promulgated by
				the State Supreme Court.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 9 - GOVERNMENT ELECTRONIC RECEIPT ACCEPTANCE › Section 5:30-9.4 - Contracting for services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Contracts for
				acquisition of electronic receipt equipment and services shall be subject to
				provisions of the Local Public Contracts Law,
				40A:11-1 et seq.
(b) A local unit may have contracts with more than
				one processor, but shall have only one contract to process transactions of any
				single card issuer for similar types of transactions. For example, a local unit may
				have a contract with one bank to process Master Cards and Visa cards for
				over-the-counter transactions, and separate contracts with other processors for
				processing Discover and American Express over the counter card transactions; but it
				may not have more than one contract to process Master Cards, unless it is a
				specialized service not available from the processor, for example, a voice response
				or interactive computer based system. A single contract with an independent service
				organization to process transactions of any number of issuers shall be
				permitted.
(c) Contracts shall require
				that processors shall transmit or otherwise deposit in the local unit's bank account
				the proceeds of electronic receipt transactions at any interval not to exceed 72
				hours after the transmission or processing of the transactions by the local unit,
				weekends and holidays excepted.
(d) All
				contracts shall provide that chargebacks or electronic debits of returned or
				otherwise failed transactions shall require either paper based or electronic
				confirmation of the debit transaction and identification of individual
				debits.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 9 - GOVERNMENT ELECTRONIC RECEIPT ACCEPTANCE › Section 5:30-9.5 - Accounting and control

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Electronic receipt
				transactions shall be transmitted or otherwise sent to the processor on a daily
				basis at the close of the business day, or if done automatically by computer
				program, prior to the close of the business day of the processor.
(b) Electronic receipt transactions shall be
				considered a form of cash receipt and shall be subject to all local unit accounting,
				internal control, and auditing requirements relating to cash receipts, including,
				but not limited to, daily reconciliation, cash counts, reporting to the governing
				body, and account testing.
(c) The local
				unit shall retain printed documentation of all electronic receipt transactions for a
				period of time as required by the relevant State records retention law with regard
				to cash receipts or the local unit's contract with the processor, whichever is
				longer.
(d) All refunds of electronic
				receipt transactions shall be performed in accordance with all other statutory
				requirements related to the refunds of monies to the local unit.
(e) The local unit shall secure authorization of
				the processor of all credit or debit card transactions prior to execution.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 9 - GOVERNMENT ELECTRONIC RECEIPT ACCEPTANCE › Section 5:30-9.6 - Preauthorized transactions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Local units may
				enter into processing contracts to permit individual persons desiring to make
				electronic receipt transactions for any combination of a specified or unlimited
				period of time, or number of fixed or variable payments. This permits the local unit
				to initiate a transaction that electronically debits the person's bank account and
				deposit it in the local unit's bank account.
(b) The local unit may contract with a processor
				to manage and conduct such transactions.
(c) Agreements providing for preauthorized
				transactions shall be in writing with the person responsible for completing the
				transaction. Such agreement shall include the person assuming responsibility for
				appropriate penalties if the electronic receipt transaction is denied by the
				processor. Cancellation of such transactions shall be in writing and submitted to
				the local unit 30 days in advance of the cancellation.
(d) Notwithstanding the provisions of
				5:30-9.4(c), the local
				unit may enter into contracts that provide for scheduling of transactions in such a
				way that take into account the requirements of transaction clearing systems.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 9 - GOVERNMENT ELECTRONIC RECEIPT ACCEPTANCE › Section 5:30-9.7 - Bulk payments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The bulk electronic
				receipt of property taxes by property tax processing organizations and servicing
				organizations, as defined in
				17:16F-15, is specifically permitted
				and encouraged.
(b) When deposits are
				made, the processor shall provide appropriate payor documentation detailing the
				individual transactions that make up the transfer. Such documentation may be data
				files designed for input to the local unit's computer system or printouts.
(c) The tax collector shall prove all deposits
				prior to posting the transactions to individual accounts.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 9 - GOVERNMENT ELECTRONIC RECEIPT ACCEPTANCE › Section 5:30-9.8 - Individual electronic receipts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Local units may
				permit electronic receipts generated by individuals, generically known as
				"bank-by-phone" or "online banking," where an individual authorizes a bank or other
				processor organization to process a payment transaction to the local unit on the
				individual's behalf.
(b) The record of
				the transaction provided by the local unit's depository bank must provide payor
				identification and date of transaction.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 9 - GOVERNMENT ELECTRONIC RECEIPT ACCEPTANCE › Section 5:30-9.9 - Surcharges or convenience fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When permitted to be
				charged by the processor, local units may charge a percentage of the transaction or
				a flat fee to offset the costs of electronic receipt transactions. Such fees shall
				not exceed the cost of handling and processing the transaction to the local
				unit.
(b) Such fees shall be authorized
				by ordinance or resolution, as appropriate to the local unit and form of government
				and in accordance with procedures established by the local unit for setting other
				local unit fees.
(c) Any surcharge or
				convenience fee shall be itemized separately on the invoice, charge slip, or
				receipt, and shall be disclosed to the payor at the time the transaction
				occurs.
(d) Local units subject to the
				provisions of the Local Budget Law,
				40A:4-1 et seq., assessing such
				surcharges or convenience fees shall establish a dedicated trust fund account
				entitled "Electronic Receipt Fees" pursuant to
				40A:4-39, through which such fees
				shall be deposited and expended. Local units subject to the provisions of the Local
				Authority Fiscal Control Law,
				40A:5A-1 et seq., shall utilize the
				procedures of that law for handling these transactions.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 9 - GOVERNMENT ELECTRONIC RECEIPT ACCEPTANCE › Section 5:30-9.10 - Payment of electronic receipt fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Service charges or
				fees charged to the local unit for electronic receipt transactions shall be paid in
				one of the following ways:
1. Charged against a
				suitable appropriation in the local unit's annual budget. The appropriation may be a
				sub-account of an Other Expense line item.
2. Transactions that include fees that are offset
				by surcharges or convenience fees collected pursuant to
				5:30-9.9 which shall be paid through a
				trust funds transaction pursuant to
				5:30-9.9(d).
3. When included in a contract, as a cost charged
				against the local unit's banking service compensating balance account.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 9 - GOVERNMENT ELECTRONIC RECEIPT ACCEPTANCE › Section 5:30-9.11 - Interpretations of the rules

Current through Register Vol. 56, No. 14, July 15, 2024
At the request of a local unit, the Director shall provide
				  interpretations of this subchapter to address unanticipated circumstances or new
				  technologies.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 9A - ELECTRONIC DISBURSEMENTS AND CLAIMANT CERTIFICATION › Section 5:30-9A.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this chapter set forth standards for local units,
				  local authorities, boards of education, and county colleges to follow when using
				  standard electronic funds transfer technologies for the payment of claims pursuant
				  to
N.J.S.A. 40A:5-17
and
18A:19-2
or other applicable law in lieu of payment through the use
				  of signed checks or warrants. The rules in this chapter implement minimum fiscal and
				  operational controls applicable to a standard electronic funds transfer technology
				  as a condition of its use by a local unit, local authority, board of education, or
				  county college, thereby mitigating the potential for fraud and abuse in electronic
				  transfer of funds.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 9A - ELECTRONIC DISBURSEMENTS AND CLAIMANT CERTIFICATION › Section 5:30-9A.3 - Authorization to use standard electronic funds transfer technologies for electronic funds transfers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The governing body of a local unit, local
				authority, board of education, or county college may adopt policies that permit its
				specifically named officers and employees to use standard electronic funds transfer
				technologies for electronic funds transfers, except that boards of education may not
				utilize procurement cards, charge cards, or charge accounts. Such policies shall be
				in writing and shall be approved by resolution or ordinance of the governing body,
				as appropriate.
No governing body may adopt policies that fail to implement, at a
				  minimum, the internal controls set forth in this chapter.
(b) This section does not authorize local units,
				local authorities, boards of education, or county colleges to exceed the maximum bid
				thresholds or other limits set forth in the Local Public Contracts Law,
N.J.S.A. 40A:11-1
et seq.,
				Public School Contracts Law,
N.J.S.A.
				18A:18A-1
et seq., or the County College
				Contracts Law,
N.J.S.A. 18A:64A-25
.1 et
				seq.
(c) Procurement card issuers and
				providers of ACH and wire transfer services are to be financial institutions
				chartered by Federal or State authority. ACH and wire transfer services must be
				provided by a financial institution covered by the Governmental Unit Deposit
				Protection Act,
N.J.S.A. 17:9-41
et
				seq.
(d) A procurement card number may
				be used in lieu of a credit card number required by a vendor.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 9A - ELECTRONIC DISBURSEMENTS AND CLAIMANT CERTIFICATION › Section 5:30-9A.5 - Procurement card limit and control requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				procurement card differs substantially from a credit card issued by a financial
				institution because of the controls that may be exercised on its use. Before
				selection of an issuer (and in addition to consideration of fees and rebates,
				software and computer requirements, and accessibility to the vendor), the following
				limits and controls shall be incorporated into the procurement card program:
1. The ability to control limits on-line and in
				real-time;
2. The ability to establish,
				change or delete limits on each card individually;
3. The ability to categorically restrict the use
				of individual cards;
4. The ability to
				establish a cumulative limit for a specific period;
5. The ability to review current activity on-line;
				and
6. The ability to receive sorted or
				sortable detailed reports of activity, by authorized card user, department or
				spending category.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 9A - ELECTRONIC DISBURSEMENTS AND CLAIMANT CERTIFICATION › Section 5:30-9A.6 - Certifications required for paying out moneys; exceptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A certification
				pursuant to N.J.S.A. 40A:5-16.a that a bill or
				demand is correct or
				N.J.S.A.
				40A:5-16.b that the goods have been received by or
				services rendered to the local unit must either feature an original signature,
				signature stamp, facsimile signature, or electronic signature of the individual
				making the certification.
(b) For boards
				of education, claimant certification shall be in accordance with the provisions of
				N.J.S.A.
				18A:19-3.
(c) For a local unit, including a county college,
				payments may be made without certification by an officer or duly designated employee
				of the local unit having knowledge of the facts that the goods have been received
				by, or the services rendered to, the local unit when payment to vendors is required
				in advance of the delivery of the following materials or services, if those
				materials or services cannot be obtained from any other source at comparable prices:
1. For such purposes as may be permitted pursuant
				to N.J.S.A.
				40A:5-16.2 and 16.3;
2. Payment obligations to the State or Federal
				governments;
3. Membership in a
				nonprofit organization;
4. Educational
				courses, including, but not limited to, those where continuing education credits are
				awarded; and
5. Website hosting,
				including registration and maintenance of a domain name.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 9A - ELECTRONIC DISBURSEMENTS AND CLAIMANT CERTIFICATION › Section 5:30-9A.7 - Policies and practices governing use of procurement cards; audit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The local unit,
				local authority, or county college shall establish the following procedures to
				ensure that the use of procurement cards is governed by sound fiscal and management
				controls:
1. All authorized procurement card
				users, individuals responsible for supervisory review, individuals responsible for
				activity reconciliations, the purchasing agent, the program manager, the chief
				administrative officer, and the CFO are required to complete training on the
				policies and procedures governing the use of procurement cards;
2. Procurement cards shall be issued in the name
				of a specific individual. Said individual, upon completion of the requisite
				training, shall complete and sign a contract of understanding that includes
				financial responsibility for misuse of the procurement card. A card shall not be
				issued unless it can be shown that such issuance is necessary for the conduct of
				ongoing operations in the normal course of providing government services;
3. Under no circumstance shall procurement cards
				be utilized for personal use. Procurement cards shall not be used for travel and
				dining expenses for government employees, volunteers, or officials. Existing law,
N.J.S.A. 40A:5-16
.1, provides
				mechanisms for employees to receive travel and expense funds in advance. Subject to
				the authorization process and limits of this subchapter, procurement cards may be
				used by a Qualified Purchasing Agent of a county, or the County Sheriff or County
				Prosecutor if authorized by a resolution or ordinance of the governing body of the
				county, to arrange for travel, room, and board expenses of defendants, witnesses, or
				experts required for matters before the courts.
This section shall not be interpreted to bar the use of
				  procurement cards for the cost of educational courses, or registration for
				  conferences and conventions sponsored by a nonprofit organization;
4. A procurement card is not to be issued to an
				individual who is neither covered by a fidelity bond nor by a blanket honesty policy
				held by the local unit, local authority, or county college, and shall be cancelled
				if a person to whom a procurement card is issued becomes ineligible for coverage
				under the fidelity bond or blanket honesty policy; and
5. Violations of policies governing the use of
				procurement cards or intermediary transfer agents shall result in appropriate
				remedial or disciplinary action without regard to the position held by the card
				user.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 10 - MUNICIPALITIES UNDER STATE SUPERVISION › Section 5:30-10.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter establishes rules for the interpretation and
				  administration of N.J.S.A. 52:27BB-54 through 100, commonly referenced as "State
				  Supervision."
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 10 - MUNICIPALITIES UNDER STATE SUPERVISION › Section 5:30-10.2 - Default in municipal debt obligations

Current through Register Vol. 56, No. 14, July 15, 2024
A default in the payment of bonded obligations or notes due to
				  insufficient funds, failure to authorize payment, or failure to make payment for any
				  other reason shall be grounds for the Local Finance Board to place a municipality
				  under State Supervision pursuant to N.J.S.A. 52:27BB-55(1).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 10 - MUNICIPALITIES UNDER STATE SUPERVISION › Section 5:30-10.3 - Authorization and execution of disbursements

Current through Register Vol. 56, No. 14, July 15, 2024
For a municipality under State Supervision, the Director may order
				  the governing body or an officer to authorize disbursements, or an officer to make
				  disbursements, in accordance with the adopted budget, or any temporary or emergency
				  appropriations adopted by the Board or by the governing body pursuant to
				  N.J.S.A.
				  40A:4-19,
				  40A:4-19.1, or
				  40A:4-20, as applicable. The orders
				  may be enforced as authorized by law. Whenever such an order of the Director has not
				  been fully performed or carried out by the officials or employees of the
				  municipality, the Board may perform directly, or cause to be performed by its
				  agents, including the director, in the name of the municipality, the authorization
				  and execution of disbursements.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 10 - MUNICIPALITIES UNDER STATE SUPERVISION › Section 5:30-10.4 - Fiscal control officer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board may
				recommend to the municipal governing body that a fiscal control officer be appointed
				for a municipality under State Supervision. The fiscal control officer shall have
				some of the powers and duties of the Director at N.J.S.A. 52:27BB-57 and 58, and
				52:27BB-82 through 87 inclusive, as may be specifically assigned by the Board. A
				fiscal control officer shall exercise authorized power and perform required duties
				pursuant to the general supervision of the Director.
(b) If the Board recommends the appointment of a
				fiscal control officer, the Board shall submit, to the governing body, the names of
				not fewer than three persons who are found by the Board to be qualified to perform
				the duties of fiscal control officer for that municipality. Within 14 days of the
				names being submitted, or such other period as may be agreed to by the Board, the
				governing body shall appoint as fiscal control officer one of the persons so named.
				If the governing body fails to appoint a fiscal control officer within the required
				period, the Director shall appoint as fiscal control officer one of the persons so
				named.
(c) The fiscal control officer
				shall receive compensation to be paid out of the funds of the municipality in an
				amount fixed by the governing body and approved by the Board. The fiscal control
				officer shall give bond for the faithful performance of duties in an amount fixed by
				the governing body and approved by the Board.
(d) The employment of a fiscal control officer
				shall continue until termination by the governing body, subject to approval of the
				Board, or termination by the Board. The Director may recommend termination of the
				fiscal control officer and the appointment of a replacement, and may suspend the
				fiscal control officer pending a determination by the Board on whether to terminate
				the officer.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 11 - CHANGE ORDERS AND OPEN-END CONTRACTS › Section 5:30-11.1 - Application, compliance and penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless specifically
				stated to the contrary, the rules in this subchapter apply to all local government
				agencies that are encompassed by the definition of contracting unit in
				40A:11-2(1)  by
				whatever name called, and referred to in this subchapter as contracting
				units.
(b) Every governing body and
				chief executive officer shall take all steps necessary so that all officials and
				employees shall be aware of and comply with the requirements of these
				rules.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 11 - CHANGE ORDERS AND OPEN-END CONTRACTS › Section 5:30-11.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this subchapter, shall
				  have the following meanings, unless the context clearly indicates otherwise.
"Change order" means a properly prepared document authorized by
				  the governing body which directs and authorizes a vendor providing goods or
				  performing services to a contracting unit pursuant to a contract awarded by
				  governing body resolution to change the quantity or character of goods provided or
				  services performed from that originally specified or estimated and to
				  correspondingly change the payment due therefore.
"Chief executive officer" means the elected or appointed
				  individual with the highest level of administrative authority of the contracting
				  unit. In the case of a municipality, this may refer to the mayor as appropriate to
				  the form of government; in the case of a county, the director of a board of chosen
				  freeholders, county executive, or county manager as appropriate to the form of
				  government; in the case of an authority, the chair of the authority; and, in the
				  case of a fire district, the president or other presiding officer of the board of
				  fire commissioners.
"Open-end contracts" means those contracts for which price bids
				  were solicited on a unit basis because exact quantities needed were not known at the
				  time bids were sought. Such contracts, when advertised and awarded, must include a
				  minimum and a maximum number of units that can be ordered for each item under the
				  contract. Zero is an acceptable minimum. Orders placed under such open-end contracts
				  shall not be considered as change orders for purposes of this section, but shall be
				  subject to the requirements specified in
				  5:30-11.10. Examples include, but are
				  not limited to, blacktopping and office supplies such as stationery.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 11 - CHANGE ORDERS AND OPEN-END CONTRACTS › Section 5:30-11.4 - Procedures for minor field (site) modifications

Current through Register Vol. 56, No. 14, July 15, 2024
The governing body shall be required to authorize all change
				  orders, except that minor field (site) modifications (for example, additional fill
				  stone needed, modifications of footings, additional rock blasting) may be
				  authorized, provided that they do not affect the overall scope of work of the
				  contract, by the designated representative of the governing body. These change
				  orders shall result only in minor price increases to the originally awarded contract
				  price.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 11 - CHANGE ORDERS AND OPEN-END CONTRACTS › Section 5:30-11.5 - General procedures for change orders

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The governing body
				approval process for change orders shall be as follows:
1. The chief executive officer of the contracting
				unit or his or her designee shall file with the governing body a request for the
				change order, stating the facts involved and indicating that the proposed change
				order may be allowed under these rules. If the request and justification are
				prepared by other than an official of the contracting unit, they must be
				countersigned by the chief executive officer or his or her designee.
2. The governing body shall take such steps as it
				may find appropriate to assure that a change is necessary and that the work will be
				completed.
3. The governing body shall
				then pass a resolution authorizing a written amendment to a contract covering the
				change(s) to be made. The exact form of this amendatory contract shall be at the
				discretion of the contracting unit attorney.
4. The resolution described in (a)3 above shall be
				passed before execution of the change order. No work shall be performed or purchases
				made on the involved phase of the contract until the resolution is passed.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 11 - CHANGE ORDERS AND OPEN-END CONTRACTS › Section 5:30-11.6 - Change orders for professional services and extraordinary unspecifiable services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section shall
				apply only to change orders for professional and extraordinary, unspecifiable
				services contracts.
(b) In case of
				conflict with the general requirements of
				5:30-11.3, the specific language of this
				section shall prevail but, otherwise, the requirements of
				5:30-11.3 shall be satisfied.
(c) Changes should be within the scope of
				activities of the original contract, and not for the purpose of undertaking new or
				different work or projects. Changes in payments for activities within the scope of
				activities of the contract shall be in accordance with a schedule of specific
				charges or rates contained in the contract and shall be effectuated by a written
				change order authorized by the governing body. If such a schedule is not included in
				the contract, the contract should be amended to provide for same.
(d) The 20 percent limitation of
				5:30-11.3(a)9  shall
				not apply to professional and consultant contracts.
(e) If the change is not within the scope of
				activities of the original contract and the contract was awarded without competitive
				bidding being required by law or rule, as is the case for professional services and
				certain authorized extraordinary unspecifiable services in accordance with
				40A:11-5(1)(a)(i),
				any change beyond the original scope of activities shall be made by amendatory
				contract approved by the governing body.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 11 - CHANGE ORDERS AND OPEN-END CONTRACTS › Section 5:30-11.7 - Change orders for materials, supplies and equipment which are part of construction contract

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The requirements of
				this section shall apply only to change orders for materials, supplies and equipment
				which are part of construction contracts.
(b) In case of conflict with the general
				requirements of 5:30-11.3, the specific language of this
				section shall prevail but, otherwise, the requirements of
				5:30-11.3 shall be satisfied.
(c) Change orders for materials, supplies and
				equipment items which are part of a contract which is primarily a construction
				contract shall be processed in accordance with the rules governing construction
				contracts. Contracts awarded on a unit price basis (including, but not limited to,
				asphalt overlays, curbing) as an open-end contract shall be handled under the
				section dealing with open-end contracts. However, contracts awarded for the paving,
				construction or reconstruction of specifically described streets, parking lots, or
				sections shall be treated as construction contracts.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 11 - CHANGE ORDERS AND OPEN-END CONTRACTS › Section 5:30-11.8 - Change orders for construction, reconstruction and major repair contracts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The requirements of
				this section shall apply only to the particular type of contract in
				question.
(b) In case of conflict with
				the general requirements of
				5:30-11.3, the specific language of this
				section shall prevail but, otherwise, the requirements of
				5:30-11.3 shall be satisfied.
(c) Change orders for construction, reconstruction
				and major repair contracts shall be limited to the following types:
1. Unforeseeable problems, which are defined as
				conditions or circumstances that could not be foreseen at the time the
				specifications were written and the contract awarded; provided that a substantial
				amount of the construction would be delayed, which would result in substantial
				increases in costs above the original contract amount or substantial inconvenience
				to the public if bidding were to be required; and
2. Minor modifications to effect economies,
				improve service or resolve minor problems with affected property owners.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 11 - CHANGE ORDERS AND OPEN-END CONTRACTS › Section 5:30-11.9 - Procedures for change orders which exceed 20 percent limitation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General provisions
				regarding the procedures for change orders which exceed the 20 percent limitation
				are as follows:
1. The procedures in this section
				shall only be followed when a particular change order on any type of contract,
				except professional and extraordinary unspecifiable service contracts, will cause
				the total amount of change orders executed for the particular contract to exceed the
				originally awarded contract price by more than 20 percent. The purpose of the
				procedures is to allow for such a change only in limited instances. Such a change
				shall not be permitted when the factual circumstances make it reasonably possible to
				execute a new contract for the additional work. Such a change may be allowed, for
				example, when an unforeseen circumstance or differing site condition is combined
				with a situation which renders execution of a new contract an unreasonable
				interference with the efficient completion of the work.
2. Generally such change orders are not
				justifiable and the ready issuance of them by contracting units would constitute an
				abuse of these rules.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 11 - CHANGE ORDERS AND OPEN-END CONTRACTS › Section 5:30-11.10 - Open-end contracts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The issuance of
				purchase orders pursuant to an open-end contract shall be considered to be the
				carrying out of the contract and not a change order. The following requirements
				shall apply:
1. Purchase orders under open-end
				contracts shall not be used for purposes such as changing the quality or character
				of items to be provided, nor to exceed the maximum number(s) of items or units
				provided for in the original specifications and contract. Such changes would
				constitute a change order.
2. Each time
				a purchase order is placed, the contracting agent shall ensure that funds are
				available for the purchase through either an encumbrance or certification of
				availability of funds.
3. Purchase
				orders shall be placed by the contracting agent, subject to such controls or
				approval requirements as the governing body, chief executive or other administrative
				officer may lawfully impose.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 12 - FEDERAL GRANTS FOR LIBRARY CONSTRUCTION AND STATE LIBRARY AID › Section 5:30-12.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
The following procedures are hereby promulgated covering the
				  accounting procedures to be used by local units in accounting for Federal grants
				  under the Federal Library Services and Construction Act and State Library Aid per
				  N.J.S.A. 18A-74.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 12 - FEDERAL GRANTS FOR LIBRARY CONSTRUCTION AND STATE LIBRARY AID › Section 5:30-12.2 - Procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An appropriation for
				the full amount of construction costs must be made in the usual manner by either
				ordinance or budget appropriation.
(b)
				The Federal grant may be used as an anticipated revenue to partially finance such
				appropriations.
(c) It is emphasized
				that only the governing body can adopt either the ordinance or the budget.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 12 - FEDERAL GRANTS FOR LIBRARY CONSTRUCTION AND STATE LIBRARY AID › Section 5:30-12.3 - Federal grants for library services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a Federal grant
				for extended library services is received by the municipal treasurer it should be
				credit to "Reserve for Library Services with Federal Aid." (The 1966 and subsequent
				years' municipal budget forms will include "State or Federal Aid for Maintenance of
				Libraries" in the "Dedication by Rider--40A:4-39 ".)
1. If budget appropriations and other moneys are
				customarily turned over in full to the treasurer of the board of trustees as
				provided in 40:54-13, the municipal treasurer
				should promptly draw his check on the "Reserve" account and turn the funds over to
				the library board.
2. If budget
				appropriations are customarily retained in the custody of the municipal treasurer
				and disbursed by him after approval by the board of trustees of the free public
				library, the municipal treasurer should credit the money received from the Federal
				grant to the aforementioned "Reserve" account and expend such moneys in the same
				manner as other funds are expended by the library board.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 12 - FEDERAL GRANTS FOR LIBRARY CONSTRUCTION AND STATE LIBRARY AID › Section 5:30-12.4 - State library aid

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Effective January 1,
				1966, the present method of budgeting and accounting for this money will be
				completely revised as follows:
1. The "Dedication
				by Rider--40A:4-39 " in the 1966 and subsequent
				years' municipal budget forms will include "State or Federal Aid for maintenance of
				libraries".
2. The item of anticipated
				revenue for "State Library Aid--N.J.S.A. 18:24A" together with the required,
				applicable appropriation will be eliminated from the 1966 and subsequent years'
				budget documents.
3. All municipal
				treasurers are instructed to credit all moneys received after January 1, 1966, for
				"State Library Aid--N.J.S.A. 18:24A" to a special reserve in the current fund
				entitled (depending upon which title is applicable in his municipality): "Reserve
				for maintenance of free public library with State aid" or "Reserve for aid to
				privately owned library or reading room with State aid".
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 13 - FINANCIAL REVIEW BOARDS › Section 5:30-13.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words, as used in this subchapter, shall have the
				  following meanings:
"Board" means the financial review board, created pursuant to
				  52:27D-118.3 0a for a
				  municipality.
"Municipality" means a local unit whose fiscal condition is
				  determined by the Director, the Local Finance Board and the State Legislature to be
				  distressed and in need of special State oversight.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 13 - FINANCIAL REVIEW BOARDS › Section 5:30-13.2 - Powers and responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The board shall have
				the power and responsibility to:
1. Approve,
				implement and enforce a financial plan of the municipality, including monitoring
				compliance;
2. Approve the annual budget
				of the municipality;
3. Approve the
				issuance of debt by the municipality;
4.
				Approve labor and other contracts entered into by the municipality;
5. Obtain information regarding the financial
				condition and needs of the municipality, including such financial statements and
				projections, budgetary data, and information and management reports and materials as
				the board may deem necessary or desirable;
6. Inspect, copy and audit such books and records
				of the municipality as the board shall deem necessary or desirable;
7. Require the appearance of any municipal
				official or employee before the board to answer questions concerning the finances of
				the municipality;
8. Adopt policies and
				procedures for the conduct of the board's activities; and
9. Provide the Local Finance Board, the Governor
				and the Legislature with an evaluation of the municipality's financial condition,
				and recommendations for legislative actions that, in the opinion of the board, are
				necessary to assure economic redevelopment that will lead to the fiscal recovery of
				the municipality.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 13 - FINANCIAL REVIEW BOARDS › Section 5:30-13.3 - Financial review board

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The board shall consist of five members
				appointed pursuant to subsection b. of N.J.S.A. 52:27D-118.30a.
(b) The board shall meet as soon as possible after
				the appointment of a majority of the members for the purpose of organizing and
				undertaking its responsibilities.
(c)
				The Governor shall appoint the chair of the financial review board.
(d) The chair shall preside at all meetings of the
				board.
(e) A majority of the voting
				members of the entire board shall constitute a quorum for the conduct of business.
				Attendance shall be taken.
(f) The board
				shall act by majority vote of the membership of the board. Roll call votes shall be
				recorded.
(g) All meetings of the board
				shall be subject to the "Open Public Meetings Act,"
				P.L.
				1975, c.231 (10:4-6
				et seq.).
(h) The heads of departments
				of the executive branch of the State government, if appointed to the board, may be
				represented by an official designee. The names of these designees shall be filed
				with the board.
(i) Vacancies in the
				membership of a board shall be filled for the unexpired terms only in the same
				manner as the original appointments were made.
(j) The Director of the Division of Local
				Government Services may assign members of the Division staff to assist the board, as
				the board may require.
(k) The
				municipality shall provide the board with office space and support facilities as the
				board may determine to be necessary to conduct its activities.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 30 - LOCAL FINANCE BOARD › Subchapter 13 - FINANCIAL REVIEW BOARDS › Section 5:30-13.4 - Report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon request by the
				Director of the Division of Local Government Services, the financial review board
				shall make and report its recommendations for economic development legislation to
				the Local Finance Board, the Governor and the Legislature.
(b) Upon request by the Director of the Division
				of Local Government Services, the board shall prepare and file a report of its
				activities with, and shall provide its assessment of the fiscal condition and
				progress of the municipality to, the Local Finance Board, the Governor and the
				Legislature.