Borough of Hawthorne, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners (now Municipal Council) of the Borough of Hawthorne 11-17-1975 by Ord. No. 1262 (Ch. 7 of the 1989 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 2.
Department of Administration — See Ch. 5.
Department of Finance — See Ch. 10.
[Amended 6-6-2007 by Ord. No. 1902-07]
A. 
Any person claiming payment from the Borough of Hawthorne shall first submit a detailed statement of the items or demand necessitating such claim to the department head, or his or her designee, of the department responsible for administration of the claim. To the extent such has been prescribed by the municipality, the submission shall be on the form or in the format provided to the person making claim.
B. 
Every bill shall specify with particularity how the bill or demand is made up, and a certification of the party claiming payment that it is correct. No bill, claim or demand shall be considered for payment unless the voucher has attached to it or includes a certification of a department head, or of his or her duly designated representative having personal knowledge of the facts, that the goods have been received by or the services rendered to the Borough of Hawthorne and that those services or goods are consistent with any existing contract or purchase order.
C. 
Following approval by the designated department head, every bill shall be reviewed by the Mayor or Business Administrator as well as the Chief Financial Officer or Director of the Department of Revenue and Finance for purposes of audit and to make recommendation on all claims and bills.
[Amended 6-6-2007 by Ord. No. 1902-07]
The voucher, with the bill or claim duly certified, shall be presented to the Borough Clerk for inclusion in the agenda of the next immediate formal meeting of the Municipal Council, and it shall be the duty of the Clerk to examine all bills or claims submitted for payment in order to ascertain if proper administrative procedures have been followed. All claims or bills to be considered by the Municipal Council shall be listed systematically without preference, and said list shall be made available to every member of said Municipal Council at least three full days prior to formal action by that body.
[Amended 6-6-2007 by Ord. No. 1902-07]
Claims shall be considered by the Municipal Council, which shall approve the same, except that said Municipal Council may reject any claim presented to it, stating the reason for such rejection. Any disapproved claim shall be referred back to the Borough Clerk with such instructions as the Municipal Council may give at the time of disapproval.
[Amended 6-6-2007 by Ord. No. 1902-07]
It shall be the duty of the Borough Clerk to record all claims in the official minutes or through an appropriate claims register, indicating that the Municipal Council has, by formal action, approved the same, with appropriate record as to any claims disapproved or rejected. All records pertaining to approved and disapproved bills or claims shall be available for public inspection.
After the Borough Clerk has certified that the claims have been approved, he shall turn the same over to the Treasurer, who shall forthwith prepare the necessary checks for the payment thereof, which said checks shall be signed by the Mayor and thereafter signed by the Treasurer and the Borough Clerk or other appropriate officers having been designated by resolution as having authority to sign checks on behalf of the Borough of Hawthorne. After preparing checks for the payment of claims, the Treasurer shall record them in proper books of account and thereafter mail the checks to the claimants.
[Added 10-6-1999 by Ord. No. 1731]
Supplementing the provisions of N.J.S.A. 40A:11-1 et seq. and in accordance with the authority contained in N.J.S.A. 40A:11-14, all contracts for professional services awarded in accordance with N.J.S.A. 40A:11-5(1)(a)(i) shall be subject to the further provisions and regulations contained herein:
A. 
Fees. Such contracts may include fees based upon hourly rates, or other unit costs for services, but in every such contract there shall be included a statement of the maximum amount authorized to be expended under such contract, which amount shall be not more than the amount of funds certified to be available for said purpose by the Treasurer.
B. 
Limitation on services. No services shall be performed under said contract, the cost of which shall exceed the maximum amount authorized to be expended, except upon specific approval of the Council, which shall, to the extent practical, be requested by the Department Director or other official responsible for the administration of the contract, prior to the time that the cost of such services exceeds the authorized amount of the contract. In no event shall a request for increased authorization be submitted later than the time that the services already performed have resulted in a cost overrun, or additional obligation, which exceeds the authorization by 20% thereof, unless approved subject to § 75-6C.
C. 
Exceptional circumstances. In the event that the request for additional authorization is submitted after the services performed have resulted in an increase in cost, constituting an overrun or additional obligation in excess of the amount authorized by more than 20%, then and in such event, the Council shall not authorize or approve any payments for such obligations in excess of 20% unless there is a showing of:
(1) 
Extraordinary or exceptional circumstances resulting in such overrun; and
(2) 
Inability of the contractor and the officer administering such contract to reasonably foresee that the cost of the services under such contract would exceed by more than 20% of the amount authorized thereunder.
D. 
A copy of this section shall be attached to and made a part of all contracts for professional services hereafter entered into by the Borough of Hawthorne.
[Added 6-6-2007 by Ord. No. 1902-07]
Where applicable all persons who submit claims or all persons submitting claims to the Borough of Hawthorne shall comply with regulations of P.L. 2004, c. 19, N.J.S.A. 19:44A-20.4 et seq.