[Ord. No. 90-6 § 1]
a.
In accordance with the provisions of N.J.S.A. 40A:5-19 et seq., the
Chief Financial Officer shall present at each regular monthly Council
meeting a voucher for the approval of the Governing Body, which voucher
shall be drawn to the order of the Borough of Elmer Payroll Account
as follows:
1.
In advance for all employees whose salaries are on a bimonthly or
monthly basis when such salaries are due and payable prior to the
next regular meeting of the Governing Body.
2.
As earned for all employees whose compensation is on an hourly basis
when the compensation has been approved by a responsible designated
official and the Chairman of the appropriate Committee and has been
certified to the Chief Financial Officer.
[Ord. No. 90-6 § 2]
a.
At the first meeting of the Governing Body in January of each year
there shall be approved an account to be designated the Borough of
Elmer Payroll Account and the Chief Financial Officer, upon receipt
of an approved affidavit for the amount due such payroll account,
shall deposit same to the credit of the Payroll Account charging the
appropriate budgetary accounts therewith.
b.
The Chief Financial Officer shall thereafter draw and sign the checks
on said payroll account to the employees entitled to payment therefrom.
c.
In addition to the payroll account, there shall also be established
a payroll deduction account for the deposit of employee payroll deductions
and the employer's share thereon and for disbursement for the various
payroll agencies.
d.
At each regular meeting of the Governing Body, the Chief Financial
Officer shall submit for the approval or ratification as the case
may be the necessary payrolls for the amount due the several officers
and/or employees for compensation. The payroll shall be considered
by the Governing Body in due course and approved if found to be correct.
e.
In case or error or adjustment to the payroll, the Chief Financial
Officer shall, and it shall be his/her duty, to cause such error or
adjustment to be properly corrected and make an appropriate record
thereof.
f.
Such officers as may be designated by the Governing Body are authorized
to sign vouchers drawn in favor of the payroll account upon due notice
that the appropriate payrolls have been approved by the proper Committee
and by the proper certifying authorities, however, all checks shall
be signed by the Chief Financial Officer as set forth above.
[Ord. No. 75-5 § 1]
Any person claiming payment from the Borough of Elmer shall
first submit a detailed statement of the items or demand necessitating
such claim to the responsible executive agency, specifying particularly
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 other municipal
official responsible for certain functions) or of his duly designated
representative, having personal knowledge of the facts that the goods
have been received by, or the services rendered to the Borough of
Elmer, and that those services or goods are consistent with any existing
contract or purchase order. The Chief Financial Officer shall have
the duty to audit, warrant and make recommendations on all claims
and bills.
[Ord. No. 75-5 § 2]
The bill or claim duly certified shall be presented to the Municipal
Clerk for inclusion in the agenda of the next immediate formal meeting
of the Governing Body. 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 Governing Body shall be listed systematically
without preference and a list shall be made available to every member
of the Governing Body at least three full days prior to formal action
by that Body.
[Ord. No. 75-5 § 3]
Claims shall be considered by the Governing Body which shall
approve the same, except that the Governing Body may reject any claim
presented to it stating the reason for such rejection. Any disapproved
claim shall be referred back to the Municipal Clerk with such instructions
as the Governing Body may give at the time of disapproval.
[Ord. No. 75-5 § 4]
It shall be the duty of the Municipal Clerk to record all claims
in the official minutes or through an appropriate claims register,
indicating that the Governing Body 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.
[Ord. No. 75-5 § 5]
After the Clerk has certified that the claims have been approved,
he shall turn the same over to the Treasurer or Chief Financial Officer,
who shall forthwith prepare the necessary checks for the payment.
Checks shall be signed by the Mayor and thereafter signed by the Treasurer
or Chief Financial Officer. After preparing checks for the payment
of claims, he shall record them in proper books of account and thereafter
mail the checks to the claimants.
[Ord. No. 90-5 §§ 1,
2]
a.
All materials, supplies or services shall be purchased by authorized
Borough employees in accordance with the procedures as set forth in
the Borough Purchasing Procedures Manual, a copy of which may be found
on file in the Borough Offices and which is adopted with this section.
b.
The aforesaid Purchasing Procedure Manual may be amended, as the
need arises, by resolution of the Borough Council.
Pursuant to the authority of N.J.S.A. 17:36-8 et seq. the payment
to a claimant by any insurance company of any claim in excess of $2,500
for fire damages on any real property located within the Borough pursuant
to any fire insurance policy issued or renewed after the adoption
of this section and after the filing of this Ordinance (Section) with
the New Jersey State Commissioner of Insurance, is prohibited until
such time as all taxes and assessments and all other municipal liens
or charges due and payable appearing on the official Certificate of
Search shall have been paid either by the owner of such real property
or by the insurance company pursuant to the provisions of N.J.S.A.
17:36-10, or the Borough submits to the insurance company a copy of
a resolution adopted pursuant to N.J.S.A. 17:36-11.
[Ord. No. 91-14]
The Borough Council may enter into an agreement with the owner
of any fire damaged property to pay in full all delinquent taxes,
assessments or other municipal liens by installments pursuant to N.J.S.A.
54:5-19 or for the redemption of the tax sale lien by installment
payments pursuant to N.J.S.A. 54:5-65 et seq., if the Borough Council
is satisfied that the claim for fire damages is to be used to restore
or improve the fire damaged property. An insurance company receiving
a certified copy of a resolution of such an agreement from the Borough
Council is authorized to make full payment on the claim to the insured
person.
[Ord. No. 2013-8 § 1]
a.
Any other provision of the law to the contrary notwithstanding, the
Borough or any board, authority, agency or instrumentality thereof
(hereinafter referred to as "Municipal Appointing Authority"), shall
not enter into a contract having an anticipated value in excess of
$17,500 as determined in advance and certified in writing by the Municipal
Appointing Authority, or its designee, with a business entity, except
a contract that is awarded pursuant to a fair and open process, if,
during the preceding one year period, that business entity has made
political contributions that are reportable by the recipient under
N.J.S.A. 19:44A-1 et seq., to any municipal committee of a political
party in the Borough if a member of that political party is serving
in an elective public office of the Borough when the contract is awarded
or to any candidate committee of any person serving in an elective
public office of the Borough when the contract is awarded.
b.
A business entity that has entered into a contract having an anticipated
value in excess of $17,500 with the Municipal Appointing Authority,
except a contract that is awarded pursuant to a fair and open process,
shall not make such a contribution, reportable by the recipient under
The New Jersey Campaign Contributions and Expenditures Reporting Act,
N.J.S.A. 19:44A-1 et seq., during the term of the contract, to any
municipal committee of a political party in the Borough if a member
of that political party is serving in an elective public office of
the Borough when the contract is awarded, or to any candidate committee
of any person serving in an elective public office of the Borough
when the contract is awarded, during the term of the contract. In
the alternative to proceeding with the fair and open process described
herein, the Municipal Appointing Authority thereof may award a contract
to a business entity for an amount in excess of $17,500, pursuant
to procedures prescribed by the New Jersey Local Public Contracts
Law and without competitive bidding or competitive proposals. However,
such award may be made only if the recipient of the contract provides
a written certification that it has not made a political contribution
which would bar the award of the contract to it.
[Ord. No. 2013-8 § 2]
a.
Any professional service entity or other business entity providing services to the Borough shall be subject to a fair and open process for selection. That fair and open process shall be set forth in Subsection b below which shall establish a criteria for the fair and open process. Included in that criteria and made a part hereof, shall be some or all of the following: accessibility; understanding of the assignment; methodology/plan for accomplishing the assignment; general experience; experience specific to the assignment; sufficiency of resources to perform the task.
b.
The fair and open process established by the Borough shall require
the following:
1.
The solicitation of proposals or qualifications for any professional
position, service contract, or other contract not subject to bidding
pursuant to N.J.S.A. 40A:11-5, that shall expire as of December 31
of that calendar year shall be published and advertised by the Municipal
Appointing Authority or its designee either in the official newspaper
of the Borough for publication of notices, or on the Borough's website
in sufficient time to give notice in advance of the contract solicitation.
The published notice shall set forth the name of the position or contract
which is to become open, set forth the criteria to be considered and
materials required to be submitted by the applicant/proposer and a
date, time and place when the proposals or qualifications shall be
publicly opened.
2.
Should the applicant/proposer be a professional acquiring licensure
in the State of New Jersey, said applicant/proposer shall be licensed
for a period not less than five years.
3.
If the applicant/proposer is not a professional and/or the contract
to be awarded is not a professional services contract, the applicant/proposer
shall provide a "Certificate of Good Standing" or other similar document
evidencing that it is authorized to do business in the State of New
Jersey.
4.
The applicant/proposer shall submit a resume which shall set forth
information including, but not limited to the following (as applicable
to a business entity or individual professional):
(a)
Full name and business address;
(b)
A listing of all post high school education of the applicant/proposer;
(c)
Dates of licensure in the State of New Jersey and any other
State;
(d)
A listing of any professional affiliations or memberships in
any professional societies or organizations, with an indication as
to any offices held therein;
(e)
The number of licensed professionals employed by/affiliated
with the business entity or the business entity which employs the
applicant/proposer;
(f)
A listing of all special accreditations held by the individual
licensed professional or business entity;
(g)
A listing of all previous public entities served by the business
entity or licensed professional, indicating the dates of services
and position held.
c.
The Municipal Appointing Authority shall thereafter publicly select
the professional or business entity for the position so advertised
which shall thereafter be confirmed or approved as required by law
or ordinance.
d.
The awarded contract shall be publicized in the official newspaper
of the Borough for publication of notices in accordance with N.J.S.A.
40A:11-5.
e.
The Borough's determination of what constitutes a fair and open process
shall be final. Fair and open may necessarily be implemented differently
for different categories of procurement depending on the subject matter
of the procurement, and the nature and nuances of the industry providing
the services or product, but in every instance, the principles of
fair and open shall be maintained.
f.
If any sentence, paragraph or section of this Ordinance or the application
thereof to any persons or circumstances shall be adjudged by a court
of competent jurisdiction to be invalid, or if by legislative action,
any sentence, paragraph or section of this Ordinance shall lose its
force and effect, such judgment or action shall not affect, impair,
or void the remainder of any of the provisions of this Ordinance.
g.
The purpose of this section is to comply with the provisions of N.J.S.A.
19:44A-1, et seq. The definitions as set forth in that statute are
referred to and incorporated into this section.
[Ord. No. 2001-12 § 1; Ord. No. 2009-9 § 1; Ord. No. 2016-4]
a.
The Borough Council recognizes that all public buildings and facilities
owned by the Municipal Government have been built and maintained by
public funds and, therefore, should be made available for the use
and enjoyment of all Borough residents.
b.
The Borough Council further recognizes that the use of buildings
and facilities owned by the Municipal Government or government entity
or by local civic oriented nonprofit organizations for various meetings
and functions is beneficial to the overall good of the Borough and,
therefore, declares its enthusiastic support for the use of such buildings
in accordance with the procedures and regulations outlined in this
section.
[Ord. No. 2001-12 § 2; Ord. No. 2009-9 § 2; Ord. No. 2016-4]
Any nonprofit organization based within the Borough of Elmer
or government entity shall be allowed to use any municipally owned
building or facility, subject to the organization's compliance with
all applicable State and Federal laws and regulations, upon obtaining
permission from the Borough Council.
[Ord. No. 2001-12 § 3; Ord. No. 2009-9 § 3; Ord. No. 2016-4]
Any local nonprofit organization or government entity seeking
to use a building or facility owned by the Borough shall:
a.
Submit, at least 10 days in advance of the anticipated meeting date,
a letter of application to the office of the Borough Clerk on the
group's official letterhead stating the proposed date, time and purpose
of the meeting for which the building or facility is being requested,
as well as the specific building or facility, or portion thereof,
being requested.
b.
Submit to the office of the Borough Clerk a list of the names and
addresses of those officers or persons in charge of the organization
who shall be individually responsible for the care and use of the
Borough owned building or facility, as well as any equipment, supplies
or furniture located therein.
c.
Submit to the office of the Borough Clerk a completed application
for a permit to use a municipal building or facility.
[Ord. No. 2001-12 § 4; Ord. No. 2009-9 § 4; Ord. No. 2016-4]
Any application by a qualified nonprofit organization or government
entity for the use of a municipally-owned building or facility shall
be granted only if the proposed use would not interfere with the primary
purpose for which the building or facility exists.
[Ord. No. 2001-12 § 5; Ord. No. 2009-9 § 5]
a.
Fee. The Borough Council, in its sole judgment and discretion and
in consideration of such factors as the number of people and duration
of the proposed use, shall have the option of imposing by resolution
reasonable fees for the use of municipally-owned buildings and facilities
to cover costs for administrative, maintenance, custodial or any other
similar such expenses that may be associated with the use.
b.
Maintenance. Any organization using municipally-owned buildings and
facilities in accordance with this section shall keep such premises
in good repair and shall be responsible for ensuring that the premises
are left in a clean condition and that any personal property brought
in by the organization is removed after the completion of the meeting
or function.
c.
Liability insurance. The Borough may require any organization wishing
to use Borough facilities, as a condition of use, to supply a certificate
of liability insurance with the Borough as an additional insured with
limits no less than $500,000 and in a form approved by the office
of the Borough Attorney.
d.
No smoking. Smoking is prohibited within all municipally-owned buildings
at all times.
e.
Additional rules. The Borough Council may make additional rules and
regulations by resolution governing the use of municipally-owned buildings
and facilities.
