CHAPTER 11  MISCELLANEOUS DUTIES

 

 

I.         CERTIFICATE AS TO LIABILITY FOR ASSESSMENT FOR MUNICIPAL IMPROVEMENTS

 

A.         When a local improvement assessment ordinance is adopted by the Governing Body, immediately upon becoming effective, the improvements so authorized become unconfirmed assessments against the parcel.

 

B.         Person responsible for issuing "certificates as to liability for assessment for municipal improvements" shall be designated by the Governing Body by resolution. The person responsible for issuing assessment search certificates must be the Municipal Clerk or Municipal Engineer.

 

C.         Application must be in writing containing a diagram showing the location and dimensions of the tract to be covered.

 

D.         The issued certificate shall indicate:

 

1.         That no such ordinance has been adopted; or

 

2.         Set forth the number of the ordinance, date of its adoption and the type of improvements authorized.

 

E.         Fee for assessment search is ten dollars ($10.00).  The fee is statutorily set. If applicant requires another search of the same tract within three (3) years of issuance of search, a continuation search may be issued for a fee of two dollars ($2.00) per calendar year.

 

F.         The Assessment Search Official shall issue the Certificate within fifteen (15) days of receipt of the application and fees.

 

G.         Any person who shall acquire interest in land covered by and in reliance on a search which does not indicate an unconfirmed assessment which existed at the time the search was issued, or a search was not issued within the fifteen (15) days allowed, shall hold such interest free from any subsequent liens of the municipality for such municipal improvements.

 

H.         All searches so made shall be certified as correct by the designated official, and the fees collected shall be paid by him to the Governing Body of the municipality. The designated official shall keep a duplicate copy of each certificate, which shall be consecutively numbered and show the amount of fees charged.

 

The Division of Archives and Records Management in the Department of State, with the approval of the State Records Committee, shall determine a retention schedule for all certificates made by the designated official.  10/31/05

 

 

II.          TEMPORARY RENTALS

 

A.         Consult the municipal attorney for information regarding the registration and regulation of temporary rentals through websites and apps such as Airbnb.  9/15/18

 

 

III.      LANDLORD REGISTRATION  [N.J.S.A. 46:8-26 et seq.]

 

A.         The landlord registration requirement applies to all rental premises or units used for dwelling purposes except owner-occupied premises with not more than two (2) rental units.

 

B.         Within thirty (30) days of transfer of ownership, or creation of new apartments, owner must file appropriate registration statements with:

 

1.         The Municipal Clerk of the municipality, or with such other municipal official as is designated by the Municipal Clerk, in which the residential property is situated for one or two family non-owner occupied rental dwelling; 12/02

 

2.         For dwellings with more than two (2) rental units:

 

a.         Landlord must go to the Bureau of Housing Inspection in the Department of Community Affairs.

 

b.         DCA sends copy of filed statement to Municipal Clerk for the public records of the municipality.

C.         CERTIFICATE OF REGISTRATION

 

Certificate of Registration shall show the following information:

 

1.         The name and address of the record owner(s) of the premises and the record owner(s) of the rental business if not the same person. 

 

a.         In the case of a partnership, the names and addresses of all general partners shall be provided;

 

b.         In the case of a corporation, the name and address of the registered agent and corporate officers of said corporation shall be provided.

 

2.         If the address of any record owner is not located in the county in which the premises are located, the name and address of a person who resides in the county in which the premises are located and is authorized to accept notices from a tenant and to issue receipts therefor and accept service of process on behalf of the record owner shall be provided.

 

3.         The name and address of the managing agent of the premises, if any

 

4.         The name and address, including the dwelling unit, apartment or room number, of the superintendent, janitor, custodian or other individual employed by the record owner or managing agent to provide regular maintenance service, if any.

 

5.         The name, address and telephone number of an individual representative of the record owner or managing agent who may be reached or contacted at any time in the event of an emergency affecting the premises or any unit of dwelling space therein, including such emergencies as the failure of any essential service or system, and who has the authority to make emergency decisions concerning the building and any repairs thereto or expenditure in connection therewith.

 

6.         The name and address of every holder of a recorded mortgage on the premises.

 

7.         If fuel oil is used to heat the building and the landlord furnishes the heat in the building, the name and address of the fuel oil dealer servicing the building and the grade of fuel oil used.

 

D.         AMENDMENT OF CERTIFICATE

 

After any change in the information required to be included, every landlord shall file an amended certificate of registration within twenty (20) days of the change.

 

E.         CERTIFICATE OF REGISTRATION AND AMENDMENT TO TENANTS

 

1.         At the time of filing a Certificate of Registration, the landlord shall provide each occupant or tenant in the premises with a copy of the Certificate of Registration.

 

2.         Upon the filing of an amendment to a Certificate of Registration, the landlord shall provide each occupant or tenant in the premises with a copy of the Amended Certificate of Registration within seven (7) days of filing.

 

F.         EVICTION/POSSESSION OF PREMISES

 

1.         In any action for possession instituted by a landlord who has failed to comply with the provisions of this act, no judgment for possession shall be entered until there has been compliance.

 

2.         The Court shall continue such case for up to ninety (90) days, and if there has not been compliance within such period, the action is dismissed.

 

G.         CERTIFICATE ON FILE, AVAILABLE FOR PUBLIC INSPECTION

 

1.         Upon filing of a Certificate of Registration with the Municipal Clerk or with such other municipal official as is designated by the Municipal Clerk, the Municipal Clerk or designated official shall index and file the certificate and make it reasonably available for public inspection.   12/02

 

2.         Upon filing of a Certificate of Registration with the Bureau of Housing, the Bureau shall validate the Certificate and issue a validated copy to the landlord and a validated copy to the Municipal Clerk of the municipality or such other municipal official as is designated by the Municipal Clerk in which the building is located.  The Municipal Clerk shall index and file them or forward them to the designated official for indexing, and the certificates shall be made available for public inspection.   12/02

 

 

IV.       BONDS OF OFFICIALS AND EMPLOYEES

 

Public employees must be covered not only against intentional or dishonest losses, but also against losses caused unintentionally by failure to perform faithfully.

 

A.         REQUIREMENT

 

1.         Every officer or employee entrusted or charged with the receipt, custody or expenditure of public funds shall be bonded to the local unit for the true and faithful performance of his duties.  This includes but is not limited to the Treasurer, Deputy Treasurer, Tax Collector, Deputy Tax Collector, Municipal Court Judge, Court Administrator, Violations Clerk, Court Assistants, and the Municipal Clerk.

 

a.         The Tax Collector's bond is established by a formula involving the annual tax levy and the amount of the bond is checked annually by the Registered Municipal Accountant during the conduct of the audit.

 

b.         The bonds of the Municipal Court Judge and the Court Administrator are established by a formula based on the annual amount of money handled by the Municipal Court.

 

2.         All bonds shall be filed with the Municipal Clerk, except the bond of the Clerk shall be filed with the Treasurer.

 

3.         The term of the individual bond should run concurrently with the term of office of the bonded official.

 

B.         BLANKET BOND COVERAGE

 

1.         Waives the necessity for individual applications and for informing the surety of personnel changes occurring during the term of the bond as such changes are automatically covered, whether they involve reductions, additions or substitutions.

 

2.         May be provided in lieu of an individual bond, except for treasurers and tax collectors, provided the blanket bond meets the requirements for the individual bond in amount, rights of cancellation and the governmental agencies in whose favor it runs.

 

3.         Blanket Bond coverage may be provided by a surety company authorized to do business in New Jersey or by a joint insurance fund in lieu of an individual bond as to any officer or employee required by law to be bonded including treasurers and tax collectors and Municipal Court Judges and administrators, provided the blanket bond meets the requirements for the individual bond in the amount, rights of cancellation and the governmental agencies in whose favor it runs. (REFERENCE - P.L. 2013, c.2)   9/15/06; 9/15/13

 

 

V.         NEW JERSEY TORT CLAIMS ACT  [N.J.S.A. 59:8 et seq.]

 

A.         PURPOSE

 

1.         Provide "Protected Immunities" to Public Entities, even if such injury or damage arises out of an act or omission of the public entity or a public employee provided that the public entity or public employee was not "Palpably Unreasonable" in the conduct of regular business or jurisdictional exercises which created or caused the situation which gave rise to the claim;

 

2.         Establish procedure and time constraints by which claims against public entities may be brought forth;

 

3.         More specifically define the scope and parameters for liability.

 

B.         FILING

 

1.         Served upon the Municipal Clerk by personal service or certified mail;

 

2.         Notice must contain pertinent information surrounding the incident, event or accident which gave rise to the claim.

 

3.         The action must be filed by the claimant or by a person acting on his, her, or its behalf.

 

C.         CLAIM FORMS may be authorized for use by the public entity (municipality) by ordinance to include additional information.

 

D.         TIME FOR FILING CLAIM AND SUIT

 

1.         A 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;

 

2.         After the expiration of six (6) months from the date of notice of the claim is received, the claimant may file suit in an appropriate court of law;

 

3.         If the person involved in the claim is an infant or incompetent, nothing in this section shall prohibit such infant or incompetent person from commencing an action under this act within the time limitations contained herein after his/her coming to or being of full age and sane mind.

 

 

VI.         LOCAL GOVERNMENT ETHICS LAW [N.J.S.A.40A: 9-22.1 et seq.]

 

A.         THE LAW:

 

1.         Sets forth its purpose; [N.J.S.A. 40A:9-22.2]

 

2.         Defines the terms used therein; [N.J.S.A. 40A:9-22.3]

 

3.         Provides jurisdiction to govern and guide the conduct of local government officers or local government employees to the Local Finance Board of the State Department of Community Affairs unless regulated by a County or Municipal Ethics Board; [N.J.S.A. 40A:9-22.4]

 

4.         Sets forth specific regulations regarding the conduct of local government officers or employees; [N.J.S.A. 40A:9-22.5]

 

5.         Requires local government officers to file financial disclosure statements; [N.J.S.A. 40A:9-22.6]

 

6.         Sets forth the powers of the Local Finance Board of the State Department of Community Affairs; [N.J.S.A. 40A:9-22.7]

 

7.         Sets forth regulations for hearings, violations, and penalties for violations; [N.J.S.A. 40A:9-22.8 through 40A:9-22.12]

 

8.         Sets forth regulations for County Ethics Boards; [N.J.S.A. 40A:9-22.13 through  40A:9-22.18]

 

9.         Sets forth regulations for Municipal Ethics Boards [N.J.S.A. 40A:9-22.19 through 40A:9-22.25].

 

B.         THE LOCAL GOVERNMENT ETHICS LAW APPLIES TO: [N.J.S.A. 40A:9-22.3]

 

1.         Local Government Agency - any agency, board, governing body, including the chief executive officer, bureau, division, office, commission or other instrumentality within a county or municipality, and any independent local authority, (includes sewerage, utilities, housing, transportation authorities, fire districts and library trustees); including any entity created by more than one (1) county or municipality, which performs functions other than of a purely advisory nature, but shall not include a school board;

 

2.         Local Government Employees - any person, whether compensated or not, whether part-time or full-time, employed by or serving on a local government agency who is not a local government officer, but shall not mean any employee of a school district;

 

3.         Local Government Officer – any person whether compensated or not, whether part-time or full time: (1) elected to any office of a local government agency; (2) serving on a local government agency which has the authority to enact ordinances, approve development applications or grant zoning variances (including governing bodies, planning boards, boards of adjustment and historic commissions); (3) who is a member of an independent municipal, county or regional authority; or (4) who is a managerial executive or confidential employee of a local government agency, as defined in Section 3 of the “New Jersey Employer-Employee Relations Act,” P.L.  1941, c.100 (C.34:13A-3) rules and regulations adopted by the Director of the Division of Local Government Services in the Department of Community Affairs pursuant to the “Administrative Procedure Act,” P.L. 1968, c. 410 (C.52:14B-1 et seq.), but shall not mean any employee of a school district or member of a school board.  9/15/15

 

* Office of County Prosecutor is "local government agency; County Prosecutor is "local government officer" - AGO #91-0090, 9/20/91

 

* Municipal Attorney is "local government officer" - AGO #91-0092, 9/20/91

 

* Determination of whether Managerial executives or confidential employees are "local government officers" is a fact and legally specific determination - AGO #91-0093, 9/20/91

 

* Members of "authorities" within the scope of the Local Authorities Fiscal Control Law are "local government officers" - AGO #91-0093, 9/20/91

 

* Municipal Court Judges and Municipal Court Employees (unless serving in dual capacity in other municipal position) are not subject to the Local Government Ethics Law - AGO #91-0096, 9/20/91

 

* Municipal Court Prosecutors and Municipal Court Public Defenders are "local government officers"  - AGO #93-0096, 9/20/91

 

*Members of Boards of Recreation Commissions established pursuant to NJSA 40:12-1 et seq are "local government officers" - AGO #91-0132, 11/1/91

 

*Planning Board and Zoning Board Attorneys are "local government officers" - AGO #91-0133, 11/1/91

 

*Attorneys for independent government agencies are "local government officers" - AGO #91-0134, 11/1/91

 

*Members of County Boards of Taxation are not "local government officers" - AGO #91-0141, 11/18/91

 

*Members of Local Ethics Boards are "local government officers" - AGO #92-0061, 5/27/92

 

*Members of Rent Leveling Boards meeting certain criteria as "local government officer" - AGO #92-0069, 6/4/92

 

*Members of Local Assistance Boards are "local government employees" but not "local government officers" - AGO #92-0070, 6/4/92

 

*Members of Municipal Environmental Commissions are "local government employees" but not "local governing officers" - AGO #92-0071, 6/4/92

 

*Commissioners of Joint Insurance Funds are "local government officers" - AGO #92-0072, 10/30/92

 

*Emergency Management Coordinators are "local government officers"; Members of Emergency Management Councils are not "local government officers"  - AGO #92-109, 7/20/92 12/98

 

*Registered Municipal Accountants who are engaged by a local government to prepare the annual audit as required by N.J.S.A. 40A:5-4 are not "local government officers" or "local government employees" - AGO #97-0135, 8/25/97 12/98

 

4.         While this act does not require disclosure by any member of a School District or member of a School Board, N.J.S.A. 18A:12-21 does require school district officials to file ethics disclosure information with the School Ethics Commission.

 

5.         Failure to comply with the act can cause fines of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00), as well as possible removal from office, suspension, or demotion.

 

C.         FINANCIAL DISCLOSURE STATEMENTS: [N.J.S.A. 40A:9-22.6]

 

1.         Local government officers shall annually file a financial disclosure statement.  All financial disclosure statements filed pursuant to this act shall include the following information which shall specify, where applicable, the name and address of each source and local government officer's job title:

 

*Local Ethics Boards may not require "local government employees to file Financial Disclosure Statements - AGO #93-0022, 3/4/95

 

Helpful tip: See reference material LFN 2014-06 and 2014-07; New Jersey Department of Community Affairs, Division of Local Government Services; http://www.nj.gov/dca/divisions/dlgs/resources/local_fin_notices.html 9/15/14

 

a.         Each source of income, earned or unearned, exceeding $2,000 received by the local government officer or a member of his/her immediate family during the preceding calendar year.  Individual client fees, customers receipts or commissions on transactions received through a business organization need not be separately reported as sources of income.  If a publicly traded security is the source of income, the security need not be reported unless the local government officer or member of his/her immediate family has an interest in the business organization;

 

b.         Each source of fees and honoraria having an aggregate amount exceeding $250 from any single source for personal appearances, speeches or writings received by the local government officer or a member of his/her immediate family during the preceding calendar year;

 

c.         Each source of gifts, reimbursements or prepaid expenses having an aggregate value exceeding $400 from any single source, excluding relatives, received by the local government officer or a member of his/her immediate family during the preceding calendar year;

 

d.         The name and address of all business organizations in which the local government officer or member of his/her immediate family had an interest during the preceding calendar year; and

 

e.         The address and brief description of all real property in the State in which the local government officer or a member of his/her immediate family held an interest during the preceding calendar year.

 

*Local Ethics Boards may not require additional information to be included on the Financial Disclosure Statement - AGO #93-0023, 3/4/93

 

2.         The Local Finance Board shall:    9/15/13

 

a.         Prescribe a financial disclosure statement form for filing purposes. Said form must be completed online and submitted electronically through the Division of Local Government Services website.

 

b.         The Municipal Clerk and County Clerk shall annually remind all Local Government Officers that these forms are available online and must be filed by April 30th.

 

c.         For counties and municipalities which have established Ethics Boards, the Commission shall annually remind all Ethics Boards that these forms are available online and must be filed by April 30th in accordance with this act. The Ethics Boards shall, in turn, remind the local government officers within their jurisdiction.

 

3.         For local government officers serving the municipality:  9/15/13; 9/15/14

 

a.         Procedure:

 

(1)        Develop a list, or roster, of local government officers who must file a Financial Disclosure Statement. This list is managed online at the Division of Local Government's website.  9/15/14

 

(2)        Once the Local Government Officer (LGO) roster is completed the information will be available from year to year and should only require maintenance; i.e. adding new LGOs, disabling former LGOs.  9/15/14

 

(3)        For each LGO included in your roster you will need to send each of them a copy of Local Finance Notice 2014-7 together with the LGOs's Login ID (their first and lase names) and PIN #(automatically generated). 9/15/14

 

(4)        Local Government Officers shall file the initial financial disclosure statement within thirty (30) days of taking office. Thereafter, statements shall be filed annually on or before April 30th.  9/15/14

 

(5)        Annually send a reminder to all Local Government Officers reminding them of their responsibility to complete a Financial Disclosure Statement online.  9/15/14

 

4.         *All financial disclosure statements filed shall be public records.  AGO #91-0014, 9/30/91

 

D.         MUNICIPAL ETHICS BOARD:  [N.J.S.A. 40A:9-22.19 through 40A:9-22.20]

 

1.         Municipal Ethics Board Creation/Membership:

 

a.         Each municipality of the State may, by ordinance, establish a Municipal Ethics Board consisting of six  (6) members who are residents of the municipality, at least two (2) of whom shall be public members.  The members shall be chosen by virtue of their known and consistent reputation for integrity and their knowledge of local government affairs.  No more than three (3) members of the board shall be of the same political party.

 

*In Faulkner communities with 100,000+ population, Municipal Ethics Boards are appointed by the mayor with advice and consent of the council; in other Faulkner communities, Municipal Ethics Boards are appointed by the municipal council - AGO #92-0074, 67/5/92

 

b.         The members of the Municipal Ethics Board shall annually elect a chairperson from among the membership.

 

c.         The members shall serve for a term of five (5) years; except that of the members initially appointed, two (2) of the public members shall be appointed to serve for a term of five (5) years, one (1) member shall be appointed to serve for a term of four (4) years, and the remaining members shall be appointed to serve for a term of three (3) years.  Each member shall serve until his successor has been appointed and qualified.  Any vacancy occurring in the membership of the  Ethics Board shall be filled in the same manner as the original appointment for the unexpired term.

 

E.         Members of the board shall serve without compensation but shall be reimbursed by the municipality for necessary expenses incurred in the performance of their duties under this act.

 

1.         Municipal Ethics Board Operations:

 

a.         The Governing Body of the municipality shall provide the Municipal Ethics Board with offices for the conduct of its business and the preservation of its records, and shall supply equipment and supplies as may be necessary.

 

b.         All necessary expenses incurred by the Municipal Ethics Board and its members shall be paid, upon certification of the chairperson of the board, by the Municipal Treasurer within the limits of funds appropriated by the municipal governing body by annual or emergency appropriations for those purposes.

 

c.         The Municipal Ethics Board may appoint employees, including independent counsel, and clerical staff as are necessary to carry out the provisions of this act within the limits of funds appropriated by the municipal governing body for those purposes.

 

F.         MUNICIPAL ETHICS CODE: [N.J.S.A. 40A:9-22.21]

 

1.         Within ninety (90) days after the establishment of a Municipal Ethics Board, the board shall promulgate by resolution a municipal code of ethics for all local government officers and employees serving the municipality. 

 

2.         Local government officers and employees serving a municipal independent authority shall be deemed to be serving the municipality for purposes of this act.

 

3.         The municipal code of ethics so promulgated shall be either identical to the provisions set forth in the Statute or more restrictive, but shall not be less restrictive. 

 

4.         Within fifteen (15) days following the promulgation thereof, the municipal code of ethics, and a notice of the date of the public hearing to be held thereon, shall be published in at least one newspaper circulating within the municipality and shall be distributed to the Municipal Clerk and to the heads of the local government agencies serving the municipality for circulation among the local government officers and employees serving the municipality.

 

5.         The Municipal Ethics Board shall hold a public hearing on the municipal code of ethics not less than thirty (30) days following its promulgation at which any local government officer or employee serving the municipality and any other person wishing to be heard shall be permitted to testify.  As a result of the hearing, the board may amend or supplement the municipal code of ethics as it deems necessary. 

 

6.         If the municipal code of ethics is not identical to the provisions set forth in the Statute, the Municipal Ethics Board shall thereafter submit the municipal code of ethics to the Local Finance Board for approval.  The board shall approve or disapprove the municipal code of ethics within sixty (60) days following receipt.  If the board fails to act within that period, the municipal code of ethics shall be deemed approved. 

 

7.         Municipal Ethics Code Effective Date:

 

a.         A municipal code of ethics requiring board approval shall take effect for all local government officers and employees serving the municipality sixty (60) days after approval by the board. 

 

b.         A municipal code of ethics identical to the provisions set forth in the Statute shall take effect ten (10) days after the public hearing thereon.

 

8.         The Municipal Ethics Board shall forward a copy of the municipal code of ethics to the Municipal Clerk and shall make copies of the municipal code of ethics available to local government officers and Employees serving the municipality.

 

G.         POWERS OF THE MUNICIPAL ETHICS BOARD: [N.J.S.A. 40A:9-22.22]

 

1.         To initiate, receive, hear and review complaints and hold hearings with regard to possible violations of the municipal code of ethics or financial disclosure requirements by local government officers or employees serving the municipality;

 

2.         To issue subpoenas for the production of documents and the attendance of witnesses with respect to its investigation of any complaint or to the holding of a hearing;

 

3.         To forward to the County Prosecutor or the Attorney General or other governmental body any information concerning violations of the municipal code of ethics or financial disclosure requirements by local government officers or employees serving the municipality which may become the subject of criminal prosecution or which may warrant the institution of other legal proceedings by the Attorney General;

 

4.         To render advisory opinions to local government officers or employees serving the municipality as to whether a given set of facts and circumstances would constitute a violation of any provision of the municipal code of ethics or financial disclosure requirements;

 

5.         To enforce the provisions of the municipal code of ethics and financial disclosure requirements with regard to local government officers or employees serving the municipality and to impose penalties for the violation thereof as are authorized by this act; and

 

6.         To adopt rules and regulations and to do other things as are necessary to implement the purposes of this act.

 

H.         ADVISORY OPINIONS: [N.J.S.A. 40A:9-22.23]

 

1.         A local government officer or employee serving the municipality may request and obtain from the Municipal Ethics Board an advisory opinion as to whether any proposed activity or conduct would in its opinion constitute a violation of the municipal code of ethics or any financial disclosure requirements. 

 

2.         Advisory opinions of the Municipal Ethics Board shall not be made public, except when the Ethics Board by the vote of two-thirds (2/3) of all of its members directs that the opinion be made public.  Public advisory opinions shall not disclose the name of the local government officer or employee unless the board in directing that the opinion be made public so determines.

 

*Local Finance Board may render advisory opinion in Executive Session - AGO #91-103, 9/10/91

 

I.          ETHICS COMPLAINTS: [N.J.S.A. 40A:9-22.24]

 

1.         The Municipal Ethics Board, upon receipt of a signed written complaint by any person alleging that the conduct of any local government officer or employee serving the municipality is in conflict with the municipal code of ethics or financial disclosure requirements, shall acknowledge receipt of the complaint within thirty (30) days of receipt and initiate an investigation concerning the facts and circumstances set forth in the complaint. 

 

2.         The Ethics Board shall make a determination as to whether the complaint is within its jurisdiction or frivolous or without any reasonable factual basis. 

 

a.         If the Ethics Board shall conclude that the complaint is outside its jurisdiction, frivolous or without factual basis, it shall reduce that conclusion to writing and shall transmit a copy thereof to the complainant and to the local government officer or employee against whom the complaint was filed. 

 

b.         Otherwise, the Ethics Board shall notify the local government officer or employee against whom the complaint was filed of the nature of the complaint and the facts and circumstances set forth therein. 

 

3.         The officer or employee shall have the opportunity to present the Ethics Board with any statement or information concerning the complaint which he wishes. 

 

4.         Thereafter, if the Ethics Board determines that a reasonable doubt exists as to whether the local government officer or employee is in conflict with the municipal code of ethics or any financial disclosure requirements, the board shall conduct a hearing in the manner prescribed by N.J.S.A. 40A:9-22.9 concerning the possible violation and any other facts and circumstances which may have come to its attention with respect to the conduct of the local government officer or employee.

 

5.         The Ethics Board shall render a decision as to whether the conduct of the officer or employee is in conflict with the municipal code of ethics or any financial disclosure requirements. 

 

a.         This decision shall be made by no less than two-thirds (2/3) members of the Ethics Board.

 

b.         If the Ethics Board determines that the officer or employee is in conflict with the code or any financial disclosure requirements, it may impose any penalties which it believes appropriate within the limits of this act. 

 

c.         A final decision of the board may be appealed to the Local Finance Board within thirty (30) days of the decision.

 

J.          PRESERVATION OF RECORDS: [N.J.S.A. 40A:9-22.25]

 

All statements, complaints, requests or other written materials filed pursuant to this act, and any rulings, opinions, judgements, transcripts or other official papers prepared pursuant to this act shall be preserved for a period of at least five (5) years from the date of filing or preparation, as the case may be.

 

K.         INTERLOCAL SERVICE AGREEMENTS WITH COUNTY

 

*Such agreements are permitted by N.J.S.A. 40:8A-1, however, the Local Finance Board must first adopt regulations providing for the implementation of same - AGO #94-0092, 5/16/94

 

 

VII.     OFF-SITE CONDITIONS DISCLOSURE ACT 

 

A.         The law requires a range of off-site conditions to be reported to the Municipal Clerk of each municipality who shall make them available to the public.  The law was enacted to ensure that buyers of new residential construction have information available to them about the location of off-site conditions while considering the purchase of a property.   9/14/07

 

B.         Off-site conditions are reported to the Municipal Clerk in several ways.  The Municipal Clerk, however, has no responsibility to solicit lists or enforce their submission from owners of off-site conditions. 

 

C.         Copies of the "Listing of Off-Site Conditions" form and instructions are provided by the Division of Local Government Services of the New Jersey Department of Community Affairs to those who own, lease or maintain (owners) off-site conditions.

 

D.         Upon submission, the Municipal Clerk is to make them available to the public:

 

1.         The publication entitled "Known Contaminated Sites in New Jersey - Municipal Report" provided to the Municipal Clerk annually on or about August 31st by the Department of Environmental Protection pursuant to N.J.S.A. 58:10-23.16-17;

 

2.         Latest list of sanitary landfill facilities provided to the Municipal Clerk by the Department of Environmental Protection pursuant to N.J.S.A. 13:1E-3;

 

3.         "Listing of Off-Site Conditions" forms provided to the Municipal Clerk by owners of such off-site conditions;

 

4.         Copies of all tax map sheets that show the Airport Safety Zone if the municipality has such zone must be provided by the Municipal Clerk.

 

E.         The following off-site conditions (with maps if indicated with an *) are to be reported, by owners on the "List of Off-Site Conditions" forms to be provided to the Municipal Clerk by the Division of Local Government Services of the New Jersey Department of Community Affairs:

 

1.         Overhead electric utility transmission lines conducting 240,000 volts or more*;

 

2.         Electrical transformer substations;

 

3.         Underground transmission lines as defined in 49 C.F.R. 192.3*;

 

4.         Sewer pump stations designed for 0.5 million gallons per day and sewer trunk lines in excess of 15 inches diameter*;

 

5.         Public wastewater treatment facilities;

 

F.         Maps and lists shall be made available:

 

1.         For public inspection at no charge in the office of the Municipal Clerk;

 

2.         For copies of documents at a charge of not more than the actual reproduction cost for each page of these documents for copies; the actual reproduction cost has been defined as the direct cost of making copies and does not refer to standard fee charged for making copies in N.J.S.A. 47:1a-2 or local fee ordinance, and shall not include employee labor or the cost of outside contractors making copies;

 

3.         For mailing copies of documents, a charge for the cost of packaging and postage may be added for mailing.

 

G.         Where an owner chooses to submit maps utilizing municipal tax maps, the municipality shall make copies of tax maps required available upon request.  The municipality may charge the owner a fee not in excess of the cost of reproduction for each sheet.  Standard 24x34' sheets shall be utilized unless the municipality has smaller, appropriately scaled tax map sheets available that otherwise meet the requirements of maps.

 

H.         Lists and maps submitted to Municipal Clerks are to be updated annually with information on off-site conditions accurate as of August 31 of each year.  Updated lists and maps shall be submitted to the Municipal Clerk no later than September 30 of each year by the owners of off-site conditions.

 

I.          A municipality may, at its own expense, consolidate mapped information from individual owners onto a single map or maps, as long as individual types of facilities are keyed and displayed differently, and lists of operators, phone numbers and addresses are included.  The Municipal Engineer shall certify to the accuracy of such consolidated maps.

 

 

VIII.      REGISTRAR OF VITAL STATISTICS

 

A.         APPOINTMENT, TERM OF OFFICE, EFFECTIVE DATE [N.J.S.A. 26:8-11-13]

 

1.         In municipalities having a population of less than 5,000, the Municipal Clerk must be appointed as Registrar of Vital Statistics.  [N.J.S.A. 26:8-11]  In municipalities having a population of 5,000 or more, the Municipal Clerk may be appointed as Registrar at a salary to be determined by the appointing authority.  12/02

 

2.         The appointment of the Registrar of Vital Statistics is made by the Board of Health of the Municipality.

 

3.         Term of Office:

 

a.         For a Municipal Clerk serving as registrar shall be concurrent with his/her term of office of Municipal Clerk.  [N.J.S.A. 26:8-13]

 

b.         For other Registrars, the term of office is for three (3) years.

 

4.         The appointment must be immediately certified to the State Department of Health and becomes effective thirty (30) days thereafter.  [N.J.S.A. 26:8-12]

 

B.         DUTIES [N.J.S.A. 26:8-25]

 

Registrars of Vital Statistics process vital records pertaining to births, deaths and marriages, civil unions occurring in the municipality.  Monthly activity reports must be transmitted to the State Registrar by the 10th of each month.  Municipal Clerks who serve as Registrars should contact the Office of State Registrar for an Instruction Manual for Local Registrars, all certificates, forms and booklets.  Personalized help from field representatives and training courses are available from the State Registrar. 9/15/08

 

C.         DEPUTY REGISTRAR(S)  [N.J.S.A. 26:8-17]

 

A Deputy Registrar shall be appointed by the Registrar, however, the Registrar has primary responsibility for the duties of the office.  The Registrar may also appoint one (1) or two (2) alternate deputy Registrars. 9/15/08; 9/15/15

 

 

IX.       PENSION FUND DUTIES

 

A.         INTRODUCTION

 

In any municipality where the Municipal Clerk is designated the "certifying officer" for any one or all of the pension funds administered by the State Division of Pensions and Benefits, including the Public Employees' Retirement System (PERS) and the Police and Firemen's Retirement System (PFRS), he/she is responsible for the administration of these programs on the municipal level.  The certifying officer must be familiar with all aspects of the retirement programs since the municipal work force, as well as the State Division of Pensions and Benefits, will look to the certifying officer for both administrative and financial compliance requirements.

 

B.         BASIC CRITERIA

 

Any salaried employee, with the exception of temporary personnel, who is expected to earn at least one thousand five hundred ($1,500) dollars per year and is not a member of another public retirement system, must be enrolled in the applicable pension fund, i.e. PERS or PFRS.

For employees hired after 06/28/2011 the minimum amount to be earned before required enrollment into an applicable pension fund is seven thousand five hundred ($7,500) dollars. 9/15/12

 

1.         Civil Service Communities

In civil service communities, employees must be enrolled in the system as of the date of their permanent appointment.

2.         Non-Civil Service Communities

In non-civil service communities, employees must be enrolled as of the date of their hire.

3.         Salary Cap for resumption of active membership  10/31/05

PL 2001 C. 355 permits a PERS retiree to be hired in a PERS eligible position without having to resume active membership provided the annual salary does not exceed fifteen thousand ($15,000) dollars. The retiree must be off the payroll for at least thirty (30) consecutive days after termination of employment and must be retired from PERS prior to beginning employment in the position.

 

C.         PERCENTAGE RATE OF CONTRIBUTIONS

 

Each pension fund is administered on a contributory basis with the municipality.  The employee's rate of contribution is established through the applicable pension system; currently the employee's PERS rate of contribution is a flat six and one-half percent (6.5%) with an additional one percent (1%) increase over a seven (7) year period starting 07/01/2012 and the PFRS rate of contribution is a flat ten percent (10%). 9/15/12

 

D.         TYPES OF RETIREMENT 10/31/05

 

1.         PFRS

 

a.         Service Retirement - available to all members age fifty-five (55) or older with no minimum number of years of service credit required.  The monthly pension retirement amount, however, will be directly tied to annual earnings and years of service.

 

b.         Special Retirement - available at any age to members having twenty-five (25) or more years of service credit.

 

c.         Deferred Retirement - available to members having terminated covered employment with ten (10) or more years of service credit but not yet fifty-five (55) years of age.  Benefits are payable the first day of the month following the month of the member's fifty-fifth (55th) birthday.

 

d.         Ordinary Disability Retirement - available to members who have four (4) or more years of service credit, who are deemed totally and permanently incapacitated for the performance of usual duty or any other available duty the employer is willing to assign and who is a member in service at the time the ordinary disability retirement application is filed.  10/31/05

 

e.         Accidental Disability Retirement - available to members who have been enrolled in the retirement system on or before the date of the traumatic event (an event in which the worker is involuntarily exposed to a violent level of force or impact which is not brought into motion by the worker).

 

2.         PERS

 

a.         Service Retirement - available to all members age sixty (60) or older with no minimum number of years of service credit required.  The monthly pension retirement amount, however, will be directly tied to annual earnings and years of service.

 

b.         Early Retirement - available to members before age sixty (60) who have twenty-five (25) or more years of service credit.

 

c.         Deferred Retirement - available to members having terminated covered employment with ten (10) or more years of service credit but not yet sixty (60) years of age; contributions may, on this basis, be left in the system.  Benefits are payable the first day of the month following the month of the member's sixtieth (60th) birthday.

 

d.         Ordinary Disability Retirement - available to members who have ten (10) or more years of service credit, who are deemed totally and permanently disabled because of a non-work related accident; he/she may receive an allowance.  The employee must have ten (10) years or more of credited service.  10/31/05

 

e.         Accidental Disability Retirement - available to members who have been enrolled in the retirement system on or before the date of the traumatic event (an event in which the worker is involuntarily exposed to a violent level of force or impact which is not brought into motion by the worker).

 

f.          Veteran retirement - available to members having retirement status with the retirement system who are sixty (60) years of age and have a minimum of twenty (20) years service credit or age fifty-five (55) with a minimum of twenty-five (25) years of service credit.  10/31/05

 

3.         Life Insurance/death benefits

 

a.         PFRS    

 

During employment, a member is provided with a life insurance provision of three and one-half (3.5) times their annual salary (non-contributory).  10/31/05

 

b.         PERS

 

During employment, a member is provided with a life insurance provision of one and one-half (1.5) times their annual salary (non-contributory).  PERS also contains an option by which the employee, while in an active working status, can purchase an additional life insurance benefit (contributory insurance) which will yield an additional benefit of one and one-half (1.5) times their annual salary.  10/31/05

 

c.         At retirement, both contributory and non-contributory life insurance are reduced to a paid-up amount payable at death during retirement.

 

 

X.         PUBLIC EMPLOYMENT RELATIONS COMMISSION [N.J.S.A. 34:13A-1 et seq.]

 

PERC is the body charged with implementing New Jersey's law relating to public employees.  It is the entity that deals with labor relations in the public sector.  It allows for the formation of unions for collective bargaining purposes.

 

A.         STRUCTURE

 

1.         Commission consists of seven (7) members appointed by the Governor, with the advice and consent of the Senate.

 

a.         Two (2) members represent public employers.

b.         Two (2) members represent public employee organizations.

c.         Three (3)representatives are public members, including the Chair.

 

B.         ROLE

 

1.         Insure a fair process for selecting a bargaining unit.

 

2.         Insure that bargaining unit is appropriate in relationship to both the interests of the employer and the public at large.

 

3.         PERC has full authority in determining appropriate bargaining unit.

 

C.         PROCESS

 

1.         PERC is empowered to resolve questions concerning representation of public employees by conducting a secret ballot election or utilizing any other appropriate and suitable method designed to ascertain a free choice of the employees.

 

a.         Employer can request a secret ballot election for determination of recognition of a union of the majority.

 

b.         A petition must be filed with PERC to hold a secret ballot election.

 

2.         Basic Test employed by PERC in identifying and certifying a bargaining unit is a clear and identifiable community of interests among employees who would constitute an appropriate unit to negotiate their problems with the employer.

 

3.         Municipal Clerks post PERC notices on the public bulletin board or any other place designated for public notices.

 

4.         Eligible voters are those who potential members of the prospective bargaining unit.  The majority vote of those present determines the outcome.

 

5.         PERC sends certification of the election results to both parties.

 

D.         PARTICIPATION

 

1.         Unions

 

a.         Police and non-Police are in separate unions.

 

b.         Supervisors (definition:  authority to hire, fire and discipline, or the power to recommend such actions) and non-supervisors are in separate unions.

c.         Fire employees are in a separate union.

 

2.         Non-Unions

 

a.         Elected officials cannot form a union for themselves.

b.         Members or Boards or Commissions.

c.         Managerial employees (definition:  persons who formulate management policies and practices and persons who are charged with responsibility of implementing such management policies and practices.

d.         Confidential employees (definition:  those whose functional responsibilities or knowledge in connection with the issues involved in the collective negotiation process would make their membership in any appropriate negotiations incompatible with their official duties; i.e. Municipal Clerk).

 

3.         Agency Shop

 

Once a bargaining unit has been certified, all employees in the unit must pay for their representation, by way of paying dues if they are union members, or payment in lieu of dues if they are not members of the employee organization.  A public employee who is eligible to join the union may refuse to do so, but must pay eighty-five percent (85%) of union dues because he/she is still being represented by the bargaining unit and will reap the rewards of that which is negotiated on his/her behalf.  As non-members of the union, they have no right to vote nor hold a position within the bargaining unit.

 

E.         SCOPE OF NEGOTIATIONS

 

PERC has jurisdiction over what is and is not negotiable.

 

1.         Negotiable Items (limited by PERC and cases in courts):

 

a.         Salaries

b.         Hours of employment

c.         Terms and conditions of employment:

(1)        Vacations

(2)        Fringe benefits

(3)        Grievance procedures

(4)        Disciplinary review proceedings

(5)        Leaves of absence

 

2.         Non-negotiable Items (management retains control):

 

a.         Slate of officers for municipality

b.         Pensions

c.         State Health Benefits system

 

3.         Negotiations in a voluntary setting (as opposed to arbitration) should commence one hundred and twenty (120) days before required budget submission date.

 

4.         In Arbitration, negotiations between the parties shall be at least one hundred twenty (120) days prior to the day on which the collective negotiations agreement is to expire, and the parties shall meet at least three (3) times.

 

F.         IMPASSE PROCEDURES

 

1.         Mediation

 

a.         Informal proceeding; strictly voluntary.

b.         Mediator obtained through PERC.

c.         A mediator sits down with both sides, listens to both sides, then separates the parties and tries to reach agreement through persuasion.

 

2.         Fact Finding

 

a.         More formal procedure; used if mediation unsuccessful.

b.         Fact Finder obtained through PERC.

c.         Findings can bring about voluntary agreement; not binding.

d.         Parties brought together in same room and present documents, evidence, briefs, etc. in support of their respective positions.

e.         Fact Finder writes a report that is distributed to both parties, it is made public, and in it a settlement of the issues is recommended by the Fact Finder, which is neither binding nor enforceable.

 

3.         Parties continue to negotiate until settlement is reached, when in the voluntary setting.  In extreme cases, municipality will invoke the "Last Best Offer" Option.

 

4.         Arbitration setting

 

a.         Final step for fire and police.

b.         A neutral person (certified Arbitrator), either selected randomly by PERC or agreed upon by the parties, has statutory authority to determine the contents of the contract, following specific criteria established by statute.

c.         The Arbitrator is given power to accept the proposals of either party or to fashion a decision using elements from the two (2) positions.

d.         The Arbitrator shall issue the written opinion and award within one hundred and twenty (120) days of selection.  His award sets forth the reasons for the result reached, and copies of his award are sent simultaneously to both parties.

 

G.         AGREEMENTS

 

1.         Agreements must be approved by the Governing Body and the signatures of Mayor and Municipal Clerk authorized.

 

2.         Copies of the agreement, at a minimum, to the following:

 

a.         Municipal Clerk keeps one for the public record

 

b.         Bargaining Unit to which agreement pertains

 

c.         PERC is sent a copy of all collective bargaining agreements

 

H.         MISCELLANEOUS

 

Unfair Labor Practices

 

1.         Charges are heard at PERC with hearings, attorneys, witnesses

2.         Hearing examiner's decision is passed on to PERC for adjudication

 

 

XI.       AFFIRMATIVE ACTION/PUBLIC AGENCY COMPLIANCE OFFICER 

 

A.         New Jersey Statutes provide that no public work contracts can be awarded nor any moneys paid until the prospective contractor has agreed to contract performance which complies with an approved affirmative action program.  The law applies to each political subdivision and agency of the State and includes service and procurement contracts and construction contracts.  [N.J.A.C. 17:27-1.1]

 

B.         Each public agency shall annually designate an officer or employee, who may be an existing officer or employee, to serve as its public agency compliance officer (P.A.C.O.):  [N.J.A.C. 17:27-3.5]

 

1.         Notice of designation shall be given to the Department of the Treasury, State Affirmative Action Office by January 10th of each year.

 

2.         The officer shall perform the duties prescribed in the Administrative Code, be responsible for ensuring the agencies' compliance with the rules and may perform any other liaison and assistance functions as may be requested by the Affirmative Action Office.

 

 

XII.     VOLUNTEER FIRE COMPANIES/RESCUE SQUADS  [N.J.S.A. 13:12-1.1] 10/31/04

 

A.         LENGTH OF SERVICE AWARD PROGRAM (LOSAP)  [N.J.S.A. 40A:14-183 et. seq.]

 

1.         Definition

 

a.         A system established to provide tax-deferred income benefits to active volunteer members of an emergency service organization.

 

b.         A "year of active emergency service" means a twelve (12) month period during which an active volunteer member participates in the fire or first aid service and satisfies the minimum requirements of participation established by the sponsoring agency (municipality or fire district) on a consistent and uniform basis.

 

2.         Establishment

 

a.         A local government unit without fire districts may, by ordinance, or the Board of Fire Commissioners may, by resolution, establish or terminate a length of service award program for active volunteer members of the emergency service organizations operating under the municipality's jurisdiction.

 

b.         Such ordinance or resolution shall not become effective until ratified by the voters at the next General Election/Fire District Election.

 

c.         Ordinance or resolution must be adopted at least sixty (60) days prior to the election.

 

d.         Ordinance or resolution shall include:

 

(1)        A description of the program;

 

(2)        A statement of the proposed estimated total amount to be budgeted for the program;

 

(3)        A statement of the proposed maximum annual contribution for an active volunteer member;

 

(4)        If the proposed program authorized the crediting of prior year service, a statement of the number of prior years of service available for crediting for each active volunteer member; and

 

(5)        Any such other provisions as may be reasonably required by the Director of the Division of Local Government Services of the Department of Community Affairs to carry out the purposes of the act.

 

e.         No ordinance, resolution or public question related to a length of service award program shall require prior approval of the Director.

 

f.          Subsequent to the adoption of the program, the maximum annual contribution may be increased from time to time without public hearing or public question, provided such increased contribution does not exceed a number calculated by multiplying the original contribution as approved by public question by the consumer price index factor.

 

g.         Any amounts appropriated annually for a length of service award program shall be included in the budget of the local government unit or fire district as a separate line item.

 

h.         Length of service award programs shall commence with the budget immediately following enactment of the program.

 

3.         Abolition

 

A length of service award program may be abolished or amended in the same manner as it was created, however, any such abolition or amendment shall be by a two-thirds vote of the full membership of the governing body.  All accumulated proceeds shall remain in trust for the volunteer members.

 

TIP BOX

 

Reference Local Finance Notice 2016-3 for more information on Length of Service Award Programs (LOSAP)  9/15/16

 

B.         TUITION CREDIT PROGRAM  [N.J.S.A. 18A:71-78.1]

 

1.         A person who is an active member of a volunteer fire company or volunteer first aid or rescue squad of association in good standing, and the dependent  children and spouse of a volunteer, shall be allowed to enroll in a post-secondary program on a tuition-free basis in a county college, county vocational school or county technical institute and be eligible to receive tuition credit in an amount not to exceed a maximum of $2,400 for the member, children and spouse.

 

2.         In order to be eligible, a person shall agree to serve as a member of the volunteer agency for a minimum of four years and sign an agreement with the municipality in which the agency is located pledging four years of service in exchange for tuition credit.  Following each year of volunteer service performed, the volunteer, spouse or dependent child, shall be entitled to receive tuition credit of up to $600, not to exceed a maximum of $2,400 for the member, children and spouse over a four year service period.

 

3.         Upon acceptance in the institution , the volunteer, dependent child or spouse shall provide verification to the institution that the volunteer has performed the service required for the tuition credit.  Upon completion of each semester, the volunteer shall permit a transcript to the municipality to be maintained in a permanent record.  The volunteer, dependent child or spouse shall maintain a "C" grade average in order to continue eligibility for the program.

 

4.         A municipality which chooses to participate in the tuition credit program shall issue a letter of eligibility to the volunteer to be presented to the institution stating that the individual is a member in good standing of the volunteer agency.

 

 

EXHIBIT  VOLUNTEER TUITION CREDIT PROGRAM - SAMPLE RESOLUTION – GOVERNING BODY RESOLUTION TO SUPPORT AND PARTICIPATE

 

 

WHEREAS, the (name of Governing Body) of the (Name of Municipality) in the County of (Name of County), deems it appropriate to enhance the recruitment and retention of volunteer firefighters and emergency medical volunteers in the (Name of Municipality); and

 

WHEREAS, the State of New Jersey has enacted P.L. 1998, c. 145 which permits municipal governments to allow their firefighting and emergency medical volunteers to take advantage of the Volunteer Tuition Credit Program at no cost to the municipal government;

 

NOW, THEREFORE, BE IT RESOLVED by the (Name of Governing Body) of the (Name of Municipality) in the County of (Name of County), that the Volunteer Tuition Credit Program as set forth in P.L. 1998, c. 145 is herewith adopted for the volunteer firefighters and emergency medical volunteers in the municipality; and

 

BE IT FURTHER RESOLVED that the (Name/Title of Municipal Official) is herewith delegated the responsibility to administer the program and is authorized to enter into all agreements and to maintain files of all documents as may be required under the P. L. 1998, c. 145, a copy of which is herewith made part of this resolution.

 

 

EXHIBIT  SAMPLE VOLUNTEER TUITION CREDIT PROGRAM SERVICE PLEDGE AGREEMENT

 

 

I, (Printed Name of Volunteer), agree to serve as an active volunteer member of the (Name of Volunteer Organization) for a minimum term of four (4) years.

 

I further agree to comply with the regulations, rules and by-laws that are applicable to this volunteer service organization and that I will, to the best of my ability, perform the duties required of me as a member.

 

Following each year of volunteer service, my spouse, dependant children and I are eligible to participate in the Volunteer Tuition Credit Program as set forth in N.J.S.A. 18A:71-78 et seq. I further understand that a "C", or "2.0" or "pass" is required for the student to maintain program eligibility and that registration is on a space available basis.

 

 

 

_______________________________                      ____________________________

Signature of President,                                                Signature of Volunteer

Captain or Chief

 

 

 

_______________________________                      ____________________________

Date                                                                 Date

 

 

 

EXHIBIT  SAMPLE VOLUNTEER TUITION CREDIT PROGRAM VERIFICATION OF SERVICE PERFORMED

 

 

As of (date), (name of volunteer) has successfully completed one year of active volunteer service with the (name of organization).

 

This letter is intended to serve as verification to the (name of municipality) that the volunteer has fulfilled the obligation as stated in the Service Pledge Agreement as required by N.J.S.A. 18A:71-78.3.  A copy of this letter is to remain in the volunteer's file along with the required documents for the Volunteer Tuition Credit Program.

 

 

 

_______________________________                      _____________________________

Signature of President,                                                Signature of Secretary

Captain or Chief                                               

 

 

 

_______________________________                      ______________________________

Date                                                                 Date

 

 

 

EXHIBIT  SAMPLE VOLUNTEER TUITION CREDIT PROGRAM BLANKET VERIFICATION OF SERVICE PERFORMED

 

 

As of (date), the following individuals have completed one year of active volunteer service with the (name of organization).

 

This letter is intended to serve as verification to the (name of municipality) that the volunteers are fulfilling the obligations as stated in the Service Pledge Agreement as required by N.J.S.A. 18A:71-78.3.  A copy of this letter is to remain in each of the volunteer's file along with the required documents for the Volunteer Tuition Credit Program.

 

                                                                List of Volunteers

 

 

________________________________        __________________________________

 

________________________________        __________________________________

 

________________________________        __________________________________

 

________________________________        __________________________________

 

________________________________        __________________________________

 

________________________________        __________________________________

 

 

 

________________________________                    _____________________________

Signature of President,                                                            Signature of Secretary

Captain or Chief

 

 

 

________________________________                    ______________________________

Date                                                                             Date

 

 

XIII.      RESERVED  9/15/18

 

XIV.     SALE/LEASE OF MUNICIPALLY OWNED LAND/PROPERTY

 

The Local Lands and Buildings Law was enacted in 1971 and should be read together with the Local Public Contracts Law.   9/14/07

 

A.         SALE OF MUNICIPALLY OWNED REAL PROPERTY, CAPITAL IMPROVEMENTS AND PERSONAL PROPERTY NOT NEEDED FOR PUBLIC USE [N.J.S.A. 40A:12-13]

 

Real Property shall include, in addition to the usual connotations thereof, development rights or easements, or any right, interest or estate in the area extending above any real property or capital improvement thereon, to such a height or altitude as any title, interest or estate in real estate may extend, commonly known as "air rights."  [N.J.S.A. 40A:12-2]

 

Capital Improvements shall include, in addition to buildings, any structures, fixtures, edifices, byways, parking lots, service facilities and any other facility necessary and incidental to the lawful performance of any function of a municipality.  [N.J.S.A. 40A:12-2]

 

Personal Property shall mean any personal property necessary and incidental to the furnishing, refurnishing or refurbishing of a building.  Personal property shall also include but not be limited to, office furniture, office equipment, office supplies, computers, computer equipment, telephone equipment, cameras, tractors, lawn mowers, dump trucks, golf carts, modular office trailers, tools, janitorial supplies and farm animals.  [N.J.S.A. 40A:12-2]

 

1.         Sale to the highest bidder of property not needed for public use is conducted by public auction sale:

 

a.         By resolution (or ordinance if required elsewhere in the statute) of the Governing Body, public property is declared no longer needed and the sale by auction is authorized.  [N.J.S.A. 40A:12-13(a) and N.J.S.A. 40A:12-13.1]

 

b.         Notice of the public auction is published in a newspaper circulating in the municipality.  Two (2) insertions are required at least once a week for two (2) consecutive weeks.  The last notice shall appear not earlier than seven (7) days prior to sale.  [N.J.S.A. 40A:12-13(a)]

 

c.         A minimum bid price may be fixed, with or without right of the Governing Body to reject all bids if highest bid is not accepted. If a minimum is fixed, it must be included in the resolution and advertisement and must be announced at the beginning of the sale.  [N.J.S.A. 40A:12-13(a)]

 

d.         Restrictions and conditions on use of the property may be imposed; and, if imposed, must be advertised.  The type, size or other specifications of buildings or structures, demolition, repair or reconstruction and time limits for same may also be set.  If set, they must be included in the resolution and advertisement.  Restrictions must be related to a lawful public purpose, encourage and promote fair and competitive bidding and be consistent with Zoning, Development and Building Codes then in effect.  [N.J.S.A. 40A:12-13(a)]

 

e.         If municipality wishes to retain an estate or interest in a property, the notice shall require the bidder to submit one (1) bid under each of the following two options:  [N.J.S.A. 40A:12-13(a)[1 & 2]]

 

(1)        Option A:  The bid is subject to the conditions or restrictions; or

 

(2)        Option B:  The bid is free of all conditions and restrictions.

 

f.          The Governing Body must accept or reject bids not later than second public meeting following the sale.  If it does not accept nor reject such bids, the bids deemed to be rejected.  [N.J.S.A. 40A:12-13(a)]

 

g.         Any public auction may be adjourned at the time advertised for not more than one (1) week without readvertising.  [N.J.S.A. 40A:12-13(a)]

 

2.         Sale of municipal property may also be authorized by ordinance and conducted at private sale to the following persons or entities and in the following instances:  [N.J.S.A. 40A:12-13(b)]

 

a.         To any political subdivision, agency, department, commission, or board of the State, interstate agency of which NJ is a member or the US government, department or agency thereof.  [N.J.S.A. 40A:12-13(b)[1]]

 

b.         To a person who had bid at a public auction and where all bids were subsequently rejected, provided the terms and conditions of sale are identical and that the price is not less than the highest bid rejected.  [N.J.S.A. 40A:12-13(b)[4]]

 

c.         To a private person who purchased a parcel at public auction but

 

(1)        it is subsequently determined that title to the property is insufficient for conveyance and

 

(2)        after sufficient title has been subsequently attained, conveyance is authorized by resolution to perfect the title;

 

d.         Of a public easement no longer needed for public use.  Such conveyances and releases are authorized by ordinance.  [N.J.S.A. 40A:12-13(b)[4]]

 

e.         To an owner of a sole contiguous real property provided that the municipal property is undersized and is without capital improvement.  The price paid shall be no less than fair market value.  When there is more than one owner with contiguous property, sale shall be to the highest bidder from among the owners.  [N.J.S.A. 40A:12-13(b)[5]]

 

When there is only one owner with real property contiguous to the property being sold, and the property is less than an eighth of the minimum size required for the zone and is without any capital improvement thereon, the fair market value on the property may be determined by negotiation between the municipality and the owner of the contiguous real property.  The negotiated sum shall be subject to approval by resolution of the Governing Body, but in no case shall that sum be less than one dollar.  12/00

 

f.          To the County in which the municipality is located, a municipal property with or without improvements.  Sale shall be for nominal consideration, with limitation that the property must be used for public purpose or revert to the municipality. [N.J.S.A. 40A:12-13.4]

 

g.         To a State, Regional, Consolidated, County Vocational or Municipal Board of Education, a municipal tract of land with or without improvements.  The sale shall be authorized by resolution, consummated for nominal consideration and restricted to educational purposes.  Prior dedication of the land for park purposes does not preclude conveyance. [N.J.S.A. 40A:12-19]

 

h.         To certain non-profit and charitable organizations as specified in the statute, a municipal tract of land with or without improvements.  The sale shall be consummated for nominal consideration, with limitation to agreed upon purposes and reversibility to the municipality. [N.J.S.A. 40A:12-21]

 

3.         Private sales of municipally owned property are authorized by ordinance of the Governing Body, except in circumstances of insufficient title as described in foregoing Subsection 2(c)(1 & 2).

 

a.         List of the property(ies) to be sold at private sale, together with the minimum bid price(s) shall be included in the ordinance authorizing the sale and be posted in the municipal building and advertised in a newspaper circulated in the municipality within five (5) days of enactment of the ordinance.

 

b.         Offers to purchase the property(ies) may be made to the Governing Body or designee for a period of twenty (20) days following the advertisement at not less than the minimum bid price.

 

c.         Governing Body may reconsider its ordinance not later than thirty (30) days after its enactment and advertise the real property for sale at public auction.

 

d.         Subsequent to sale, the municipality must file with the Director of the Division of Local Government Services of the State Department of Community Affairs affidavits of publication of the advertisements.

 

4.         Municipal property can be sold at private sale to a private developer under Local Redevelopment Law [N.J.S.A. 40A:12A-1 et seq.] where there exist and persist conditions of deterioration.  [N.J.S.A. 40A:13(c)]

 

a.         A deposit not exceeding ten (10%) percent of the minimum price or value of the property may be required of all bidders.

 

b.         All such sales may be made for cash or upon credit.

 

c.         The municipality may accept a five (5) year purchase-money mortgage and the rate shall be equal to that set by N.J.S.A. 31 or the last borrowing rate paid by the municipality on notes pursuant to N.J.S.A. 40A:2-1.

 

d.         The municipality may provide for the payment of a commission to a broker or representative of purchaser, provided that the Governing Body's intention shall be stated in advertisement of sale.  The recipient of the commission must sign an affidavit stating that the recipient is not the purchaser.  Commissions shall not exceed five (5%) percent.

 

5.         Where lands were sold with certain deed restrictions, the Governing Body may, by resolution, waive, release, modify or subordinate the deed restrictions, provided however, that the Governing Body shall first conduct a public hearing on the matter.  Notice of hearing describing the lands in question and the terms, covenants, conditions, limitations or reverters to be waived, released or modified or subordinated, must be published once each week for two (2) weeks in a newspaper published in said municipality or, if no newspaper is published therein, then in a newspaper circulated in the municipality. This power shall not be exercised to impair any vested or contractual rights of third parties. [N.J.S.A. 40:60-51.2] 10/31/05

 

B.         LEASING OF MUNICIPALLY OWNED REAL PROPERTY, CAPITAL IMPROVEMENTS AND PERSONAL PROPERTY NOT NEEDED FOR PUBLIC USE [N.J.S.A. 40A:12-14]

 

1.         Lease to the highest bidder (except for a public purpose under N.J.S.A. 40A:12-15), of property not needed for public use, is authorized by ordinance and conducted by open public auction sale or by the submission of sealed bids.  [N.J.S.A. 40A:12-13(a)]

 

a.         Notice of the date and method of bidding is published in a newspaper circulating in the municipality.  Two (2) insertions are required at least once a week for two (2) consecutive weeks.  The last notice shall appear not earlier than seven (7) days prior to the date of the bids.

 

b.         A minimum rental may be fixed by resolution of the Governing Body as well as a reservation to reject all bids if highest bid not accepted.  The reservation must also be stated in the advertisement and announced at the time of bidding.

 

(1)        Any conditions and restrictions on the lease must be set forth in the resolution.

 

(2)        The Governing Body must accept or reject bids no later than second regular meeting following the completion of bidding.  If the bids are not accepted nor rejected, they are deemed to be rejected.

 

(3)        Any public award may be adjourned at the time advertised for not more than one (1) week without readvertising.

 

c.         A lease to a public body, containing the terms and conditions, must be approved by ordinance or resolution.  [N.J.S.A. 40A:12-14(b]

 

d.         A lease to a non-profit organization or association for a public purpose must be authorized by ordinance.  [N.J.S.A. 40A:12-14(c)]

 

(1)        The ordinance shall include the consideration, if any, the name and location of the corporate lessee, the lessee's public purpose, the number of persons benefitting from the purpose, and the enforcement officer or agent.

 

(2)        The ordinance must require the filing of an annual report by the corporation or association and an affirmation of continued tax-exempt status.

 

e.         Public purpose leases may have a term not exceeding fifty (50) years and may be extended for an additional twenty-five (25) years by ordinance or resolution.  Purposes are limited to the following:  [N.J.S.A. 40A:12-15 (a-k)]

 

(1)        Fire and emergency services;

(2)        Health care or services;

(3)        Veterans' housing or services;

(4)        Mental health services;

(5)        Shelter care or services for persons aged 62 or over; 12/99

(6)        Cerebral palsy patient services;

(7)        Civic or historic programs or activities;

(8)        Services or care of poor or indigent persons;

(9)        Promotion of health and general community welfare;

(10)      Vacant lots for gardening or recreation - the Governing Body may designate a municipal official to enter into leases for these purposes;

(11)      Electrical transmission service for a municipality.

 

Leases relating to commercial or other profit-making enterprises or such purposes as political or religious are expressly prohibited.

 

C.         EXCHANGE OF CERTAIN LANDS [N.J.S.A. 40A:12-16]

 

1.         Exchanges of lands or rights or interests therein (except uses for public highways or places) are authorized by ordinance.

2.         If the land to be conveyed is determined by the Governing Body to be of higher value than the land to be acquired, an additional cash consideration may be required.

3.         Municipal lands that are dedicated for park purposes may be exchanged but the park purpose shall remain.

4.         Lands to be exchanged shall be valued for not less than the amount for which it was acquired or at the full and fair value as determined by the Assessor of the Municipality in which it is located.

 

D.         SALE OF MUNICIPALLY OWNED PERSONAL PROPERTY (NOT REAL PROPERTY OR PERSONAL PROPERTY REGULATED BY THE LOCAL LAND AND BUILDING LAW) [N.J.S.A. 40A:11-36]  12/01

 

1.         By resolution of a Governing Body:

 

a.         Sale of personal property no longer needed for public use. [N.J.S.A. 40A:11-36]

 

b.         Personal property valued in excess of $2,500.00. [N.J.S.A. 40A:11-36(1)]

 

c.         Disposed of at public sale to highest bidder except when a sale is made to certain other governmental agencies. [N.J.S.A. 40A:11-36(2)]

 

2.         A public advertisement must include a notice of the date, time and place of a public sale, together with a description of items to be sold and terms and conditions of a sale. [N.J.S.A. 40A:11-36(3)]

 

3.         A sale must be held not less than seven (7) nor more than fourteen (14) days after latest publication of a notice. [N.J.S.A. 40A:11-36(3)]

 

4.         If no bids are received, the property may then be sold at private sale without further publication or notice but at no less than the estimated fair value or the bids can be received for a second time.  [N.J.S.A. 40A:11-36(4)]  12/99

 

5.         If bids are rejected in the public interest, the bids may be readvertised for second sale.  If the bids are rejected at the second public sale, the property may then be sold at private sale without further publication or notice but at no less than the highest price offered at the two public sales. [N.J.S.A. 40A:11-36(5)]  12/99; 10/31/05

 

6.         This provision of law does not govern public (real) property transactions.  The Local Lands and Buildings Law [N.J.S.A. 40A:12-1 et seq.] is covered in the Miscellaneous Duties Chapter.

 

NOTE:  If a municipally-owned vehicle is sold, the Certificate of Ownership must be endorsed by the Municipal Clerk for title to transfer to the purchaser.  At the time of endorsement, the Certificate should contain the name of the seller, name and address of the buyer, the recorded mileage, sale price and the date of sale.

 

E.         MAINTENANCE OF CENTRAL REGISTRY [N.J.S.A. 40A:12-22]

 

Each municipality and county may establish and maintain a central registry of all real property in which it has acquired title or a leasehold interest for other than street or highway purposes.  This registry may also include a record of all real property which the municipality or county may hereafter acquire, sell or lease.

 

If established and maintained, the Registry shall:

 

1.         Constitute a public record;

 

2.         Be entitled "Municipal (County) Real Property Registry";

 

3.         Be available for inspection in the office of the Municipal Clerk.

 

 

 

XV.       UNIFORM CONSTRUCTION CODE - DISCLOSURE STATEMENTS [N.J.A.C. 5:23-4.5(j)]

 

Employees of enforcing agencies such as construction subcode officials and inspectors are required to annually report any income or benefits received from any business or property subject to the Code, or from any business furnishing materials, products, labor or services for types of work subject to Uniform Construction Code regulations, to the municipal Governing Body.  This report shall include a list of all sources of income, but need not list the amount.

 

 

 

EXHIBIT  UNIFORM CONSTRUCTION CODE DISCLOSURE FORM

 

 

NAME: _______________________________________________________

ADDRESS:       __________________________________________________

POSITION: ____________________________________________________

DATE OF EMPLOYMENT: __________________________________________

POSITION HELD:       ____________________________________________

NJAC 5:23-4.5 Provides:

(j)         Conflict of Interest:

1.         No person employed by an enforcing agency as a construction or subcode official or as an inspector shall carry out any inspection or enforcement procedure with respect to any property or business in which he or she, or a member of his or her immediate family, has an economic interest.

i.          Where an inspection or enforcement procedure is necessary or required in any such property or business, the official or inspector shall arrange for the inspection or enforcement to be carried out either by another local enforcing agency or by the Department (of Community Affairs).  12/99

2.         No person employed by an enforcing agency as a construction or subcode official, assistant to the construction or subcode official, trainee, inspector or plan reviewer, shall engage in, or otherwise be connected directly or indirectly for purposes of economic gain, with any business or employment furnishing labor, materials, products or services for the construction, alteration, or demolition of building or structures within any municipality in which he or she is so employed by an enforcing agency, and in any municipality adjacent to any municipality in which he or she is thus employed.

3.         Persons subject to this subsection shall annually report any income or benefits received from any business or property subject to the Code, or from any business furnishing materials, products, labor or services for types of work subject to Uniform Construction Code regulations, to the municipal governing body.  This report shall include a list of all sources of income, but need not list the amount.

4.         No person employed by a municipal enforcing agency as a construction official, subcode official or inspector shall be employed to appear before any construction board of appeal, or be involved in any court proceeding within the State, as a paid expert witness, or in any other compensated capacity in any proceeding involving the enforcement of the Uniform Construction Code except on behalf of another enforcing agency, or as a court-appointed witness.

i.          This prohibition shall not apply to any litigation not involving enforcement of the Code, or to an appearance as a fact witness; nor shall it apply to any activities unrelated to an action for, or an appeal of, enforcement of the Code.

5.         This section shall not apply to:

i.          The ownership of stock or other investment instrument in any corporation listed on any national stock exchange;

ii.          Any such business or employment outside the State;

iii.         Dual employment by two or more enforcing agencies;

iv.         Any business or employment which is not subject to the regulations.

 

v.         Service as an instructor in a code enforcement training program.

 

6.         Nothing herein shall prohibit a municipality from establishing by ordinance more restrictive provisions covering conflict of interest.

 

I am familiar with the above cited Conflict of Interest provisions of the Uniform Construction Code.  The following represents my report of income/benefits as specified above received for the period July 1, 20___ to June 30, 20___.

 

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

 

____________________               ___________________________________

      DATE                                                                        SIGNATURE

 

 

 

XVI.     NEW JERSEY WORKER AND COMMUNITY RIGHT TO KNOW ACT REGULATIONS

 

A.         LEGISLATIVE FINDINGS [N.J.S.A. 34:5A-1 et. seq.]

 

With the passage of The New Jersey Worker and Community Right to Know Act (RTK), the New Jersey State Legislature determined that it is in the public interest to:

 

1.         Establish a comprehensive program for the disclosure of information about hazardous substances in the workplace and the community, and

 

2.         Provide a procedure whereby residents of New Jersey may gain access to this information.

 

B.         REGULATIONS [N.J.A.C. 8:59]

 

The New Jersey Department of Health and Senior Services have adopted comprehensive Regulations within the New Jersey Administrative Code, providing details regarding the responsibilities of various parties for compliance with the Right To Know Law.

 

C.         TERMINOLOGY

 

People sometimes make an incorrect reference to the "Right To Know", when they are attempting to deal with OPRA, or other state and federal regulations involving the right of the public to have general access to public records and information.

There is no need, in general, to correct people when they make an incorrect reference to their "Right To Know", but it is important for the Municipal Clerk, as the custodian of public records, to understand if a person is interested in OPRA, which is covered under N.J.S.A. 47:1A-1, or if the person is interested specifically in information regarding hazardous substances in a workplace, covered by N.J.S.A. 34:5A-1 and N.J.A.C. 8:59.

 

D.         ENFORCEMENT

 

Three State Agencies work together to implement the RTK Act.  The Municipal Clerk's involvement with these agencies is as follows in the public sector:

 

1.         The New Jersey Department of Health and Senior Services enforces all provisions of RTK in public workplaces, and Prepares Hazardous Substance Fact Sheets.

 

2.         The New Jersey Department of Environmental Protection, Bureau of Chemical Release Information and Prevention implements the federal Superfund Amendments and Reauthorization Act (SARA), which provides important information about hazardous chemicals in private industry.  This information is important for your Emergency Management Coordinator and your Police, Fire and First Aid Squad responders, who may have to offer emergency responses to these locations.

 

3.         The New Jersey Department of Labor investigates complaints by public employees who suspect they are being discriminated against for exercising their rights under RTK.

 

E.         DEFINITIONS

 

1.         "Workplace Hazardous Substance List" means a complete list of all hazardous substances developed by the Department of Health.  This is a reference tool for Employers to use when they complete their Workplace Survey.

 

2.         "Hazardous Substance Fact Sheet" means a written document prepared by the Department of Health for each hazardous substance listed on the Workplace Hazardous Substance List.  The Fact sheet includes:

 

a.         The hazard posed (e.g., toxicity, flammability, explosiveness, etc.)

 

b.         A description, in nontechnical language, of the health effects of exposure to the hazardous substance

 

3.         "Workplace Survey" means a written document, prepared by the Department of Health and completed by an employer pursuant to this act, on which the employer shall report each hazardous substance present at his facility.

 

4.         "Hazardous Substance" means any substance, or substance contained in a mixture, included on the workplace hazardous substance list developed by the Department of Health, introduced by an employer to be used, or handled at a facility.

 

F.         COMPLETION AND DISTRIBUTION OF WORKPLACE SURVEY

 

1.         Each employer covered by the RTK Act must transmit a copy of the completed Workplace Survey to:

 

a.         The New Jersey Department of Health

b.         The health department of the county in which the facility is located

c.         The local fire department

d.         The local police department.

 

2.         Any employer whose workplace survey, transmitted to the Department of Health, indicates that no hazardous substances are present at the facility shall be exempt from the provisions of this act for that facility, except for the requirement to annually update the workplace survey.

 

3.         Procedures are established under N.J.A.C. 8:59-3 for any public employer who wishes to claim a trade secret for a product name on the Right to Know survey.

 

G.         DISTRIBUTION OF HAZARDOUS SUBSTANCE FACT SHEETS

 

Upon receipt of a completed workplace survey from an employer, the Department of Health transmits to that employer a hazardous substance fact sheet for each hazardous substance reported by the employer on the workplace survey.

 

H.         MATERIAL SAFETY DATA SHEETS

 

A public employer shall obtain material safety data sheets from manufacturers, suppliers and subcontractors for all products purchased for the facility, which involve hazardous substances reported on the workplace survey.

 

I.          EMPLOYER'S CENTRAL FILE

 

1.         Every municipality must establish and maintain a central file, which shall contain:

 

2.         A workplace survey for the facility

 

3.         Appropriate hazardous substance fact sheets

 

4.         Material Safety Data Sheets

 

J.          EMPLOYEE ACCESS TO CENTRAL FILE

 

1.         Employers shall post on bulletin boards readily, accessible to employees, a notice of the availability of the information in the central file.

2.         Employers with employees whose native language is Spanish shall also post the notice in Spanish.

3.         An employer shall provide an employee with access to a workplace survey, appropriate hazardous substance fact sheets, and, if applicable, an environmental survey, within five working days of a request therefor.

4.         An employee shall have the right to refuse to work with a hazardous substance for which a request was made and not honored without loss of pay or forfeit of any other privilege until the request is honored.

 

K.         EMPLOYEE EDUCATION AND TRAINING PROGRAM

 

1.         Every employer shall establish an education and training program for his employees.  The program shall:

 

2.         Inform employees in writing and orally of the nature of the hazardous substances to which they are exposed in the course of their employment

3.         Explain the potential health risks which the hazardous substances pose

4.         Train employees in proper procedures for handling the hazardous substances.

            An employer shall, upon request, provide employees whose native language is Spanish with the education and training program in Spanish.

            Any person who becomes an employee shall be provided with the program within the first month of employment.

            Consultants who conduct the Right to Know education and training program to a public employer shall possess a current certification, in good standing, issued by the Department of Health and Senior Services.

 

L.         LABELING OF CONTAINERS

 

Every employer shall assure that every container at his facility containing a hazardous substance shall bear a label indicating the chemical name and Chemical Abstracts Service number of the hazardous substance or the trade secret registry number assigned to the hazardous substance.

 

Exemptions From Requirements of Labeling:

 

1.         All items listed under the exemptions from the definition of "Hazardous Substance" are exempt from labeling requirements under RTK.

 

2.         Articles that are also excluded from labeling requirements include solid articles that contain some amount of liquid or powder, which, due to the design and use of the article, is not released from the article and thus does not cause any exposure to public employees and emergency responders. The following solid articles, which are some examples and do not represent an exclusive list of excluded articles, meet the requirements and are excluded from labeling:

 

a.         Ammunition

b.         Polaroid film

c.         Dry cell batteries

d.         Photocopier toners and developers in self-contained cartridges

e.         Pens

 

3.         Consumer products that are excluded from labeling include Typewriter correction fluid (for example, "WiteOut," "Liquid Paper")

 

M.         RIGHT TO ENTER FACILITY TO DETERMINE COMPLIANCE

 

Either the Department of Health or the New Jersey Department of Environmental Protection shall have the right to enter an employer's facility during the normal operating hours of the facility to determine the employer's compliance with the provisions of RTK.

 

N.         PENALTIES FOR NONCOMPLIANCE

 

The Commissioner of Environmental Protection or the Commissioner of Health, as appropriate, is authorized to impose a civil administrative penalty of not more than $2,500.00 for each violation and additional penalties of not more than $1,000.00 for each day during which a violation continues after receipt of an order from the commissioner to cease the violation.

 

O.         MUNICIPAL CLERK'S ROLE IN RTK

 

Depending on the community being served, the role of the Municipal Clerk in RTK compliance may be very minimal or very involved.  If the Municipal Clerk is not the designated official responsible for maintaining RTK compliance, then the Municipal Clerk should know who that official is, and where the files are located, so that requests by employees and/or members of the public can be processed in the time frames provided by the RTK Law.

 

 

 

EXHIBIT:

CHECKLIST FOR RTK COMPLIANCE

 

          Does the municipality have a central file of RTK materials?

 

          Has the municipality completed a RTK Survey at least once every 5 years since 1993?

 

          Does the municipality submit annual updates to the RTK Survey?

 

          Does the municipality maintain Hazardous Substance Fact Sheets for each substance identified on the RTK Survey in its central file?

 

          Does the municipality maintain Material Safety Data Sheets, as required, for each substance identified on the RTK Survey in its central file?

 

          Is a procedure in place for responding to employee requests for access to information and material in the RTK central file?

 

          Is a procedure in place for responding to citizen requests for access to information and material in the RTK central file?

 

          Has the municipality complied with the requirement for initial employee education and training under the RTK Law?

 

          Does the municipality provide update training at least once every two years?

 

          Is the RTK employee education and training program provided to all new employees within one month of the date of hire?

 

          Are containers properly labeled in accordance with the requirements of the RTK Law?

 

          Are RTK Brochures distributed to all employees annually?

 

          Are the required RTK posters and informational notices posted on municipal bulletin boards as required by the RTK Law?

 

 

 

XVII.   ACQUISITION OF LANDS AND BUILDINGS [N.J.S.A. 40A:12-3 et seq.)  10/31/05

 

A.         Any municipality may, by ordinance, acquire, construct, maintain, furnish, equip, repair and replace such buildings, land or other capital improvements as may be necessary and suitable for the performance of its functions and other functions set forth in the statute.

 

B.         Any municipality may, by ordinance, acquire real property, capital improvement, personal property or any interest or estate whatsoever therein, including easements, water, water power or water rights, either within or without the municipality.

 

 

 

XVIII. MORTGAGE STABILIZATION AND RELIEF ACT (P.L. 2008, c.127) 9/15/10

 

A.         This Act required that mortgage holders notify the Municipal Clerk of any intention to foreclose on a residential property within the community.

 

            Procedure for serving notice of intention to foreclose.

 

1.         A creditor serving a summons and complaint in an action to foreclose on a mortgage on residential property in this State shall, within 10 days of serving the summons and complaint, notify the Municipal Clerk of the municipality in which the property is located that a summons and complaint in an action to foreclose on a mortgage has been filed against the subject property. The notice shall contain the name and contact information for the representative of the creditor who is responsible for receiving complaints of property maintenance and code violations, may contain information about more than one property, and shall be provided by mail or electronic communication, at the discretion of the Municipal Clerk. If the municipality has appointed a public officer pursuant to P.L. 1942, c.112 (C.40:48-2.3 et seq.), the Municipal Clerk shall forward a copy of the notice to the public officer or shall otherwise provide it to any other local official responsible for administration of any property maintenance or public nuisance code.

 

            In the event that the property being foreclosed on is an affordable unit pursuant to the "Fair Housing Act," P.L. 1985, c.222 (C.52:27D-301 et seq.), then the creditor shall identify that the property is subject to the "Fair Housing Act."

 

            The notice shall also include the street address, lot and block number of the property, and the full name and contact information of an individual located within the State who is authorized to accept service on behalf of the creditor. The notice shall be provided to the Municipal Clerk within 10 days of service of a summons and complaint in an action to foreclose on a mortgage against the subject property.

 

2.         If the owner of a residential property vacates or abandons any property on which a foreclosure proceeding has been initiated or if a residential property becomes vacant at any point subsequent to the creditor's filing the summons and complaint in an action to foreclose on a mortgage against the subject property, but prior to vesting of title in the creditor or any other third party, and the property is found to be a nuisance or in violation of any applicable State or local code, the local public officer, Municipal Clerk, or other authorized municipal official shall notify the creditor, which shall have the responsibility to abate the nuisance or correct the violation in the same manner and to the same extent as the title owner of the property, to such standard or specification as may be required by State law or municipal ordinance. The municipality shall include a description of the conditions that gave rise to the violation and shall provide a period of not less than 30 days from the creditor's receipt of the notice for the creditor to remedy the violation. If the creditor fails to remedy the violation within that time period, the municipality may impose penalties allowed for the violation of municipal ordinance pursuant to R.S. 40:49-5.

 

3.         If the municipality expends public funds in order to abate a nuisance or correct a violation on a residential property in situations in which the creditor was given notice pursuant to the provisions of paragraph 2. but failed to abate the nuisance or correct the violation as directed, the municipality shall have the same recourse against the creditor as it would have against the title owner of the property, including but not limited to the recourse provided under section 23 of P.L. 2003, c.210 (C.55:19-100).

 

 

XIX.     FORECLOSED PROPERTIES 9/15/12

 

Certain owners of foreclosed properties are required to file contact information.

 

A.         The owners of any non-owner occupied residential property who take title to the property as the result of a sheriff's sale or deed in lieu of foreclosure, other than an owner who has previously provided notice to the municipality pursuant to Section 17 of P.L. 2008, c.127 (C.46:10B-51), shall provide notice, within ten (10) business days, to the municipal clerk, or other designated municipal official, of the municipality wherein the property is located providing the name and address of the property owner.

 

B.         If the owner if not located within New Jersey, then the owner shall designate an agent within New Jersey, including agent's address who is authorized to accept service of process on behalf of property owner.

 

 

XX.         POSTING OF BUDGET DOCUMENT ON WEBSITE  9/15/14; 9/15/15; 9/15/18

 

A.         The adopted budget shall be provided for public inspection on the local unit’s website, if one exists, or, if one does not exist, the budget shall be provided for public inspection on the website of the Department of Community Affairs, and made available online and in print as required in a “user-friendly” summary format using plain language.

 

B.         In addition to the current year adopted budget, the local unit’s adopted budgets of the immediately preceding three budget years also shall be provided for public inspection on the local unit’s website, if one exists, or, if one does not exist, those budgets shall also be provided for public inspection on the website of the Department of Community Affairs.

 

C.         Any adopted budget posted online pursuant to P.L. 2011, c.7 (N.J.S.A. 40A;4-10) shall remain posted online for the duration of the local budget year.

 

D.         The Local Finance Board shall promulgate a “user-friendly” plain language summary format for use by local units for this purpose.

 

 

XXI.       LIST OF MUNICIPAL RESIDENTS IN NEED OF SPECIAL ASSISTANCE (P.L. 2018, c266) 9/15/18

 

            The Governing Body of a municipality, by ordinance, may require the clerk of the municipality to maintain a list containing the names and addresses of municipal residents who identify themselves as being in need of special assistance in the event of an emergency and who request that this information be maintained on their behalf, for public safety purposes.

 

A.         This list shall be cross-indexed by name and address of each resident requesting to be on the list, and shall identify the special circumstances of each individual

 

B.         A notice to municipal residents advising them that such a list is being maintained by the clerk for public safety purposes shall be included annually with the tax bills mailed to local property taxpayers.  The notice shall include information as to how a municipal resident may add his or her name and address to the municipal list.

 

C.         The municipal clerk shall notify each landlord who has filed a certificate of registration with the municipality pursuant to section 2 of P.L. 1974, c. 50 (C.46:8-28) of the existence of the list, and shall provide the landlord with a copy of a notice to be provided to the landlord’s tenants, including information as to how a tenant may be added to the list.  The landlord is required to provide said notice to their tenants.

 

D.         This list is considered as one of the items that SHALL be deemed confidential for the purposes of the Open Public Records Act [N.J.S.A. 47:1A-1]

 

 

 

 

CHAPTER 11 MISCELLANEOUS DUTIES
Published by ClerkBase
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