[1982 Code § 2-8.1]
a.
Any person claiming payment from the Borough shall present a detailed
bill of items or demand on a voucher form of the Borough, to the Chief
Financial Officer, specifying particularly how the bill or demand
is made up, with the certification of the claimant that it is correct.
b.
The Chief Financial Officer shall submit every such voucher for signature
to the proper department head, officer or employee to certify that
the materials or goods have been received or the services actually
rendered.
Each such claim shall then be presented by the Chief Financial
Officer to the Chairman of the Committee responsible for the placing
of the order to another member of his Committee, who, if satisfied
the claim is proper, shall approve the same in writing and each such
voucher shall be further signed by two other members of the Borough
Council. Every voucher which has been properly approved as herein
set forth shall then be presented by the Borough Clerk to the Borough
Council for its approval at the next regular meeting of the Council,
except that the Borough Council may reject any claim presented to
it stating the reasons for such rejection. Any rejected claim shall
be referred back to the Chief Financial Officer with such instructions
as the Council may give at the time of rejection.
All claims shall be approved by resolution of the Borough Council,
allowing a detailed list to be accepted and made a part of the minutes
without the necessity of reading each and every claim.
All resolutions approving the payment of any claim shall be
signed by the Mayor, as evidence of the fact that he has examined
the same and has approved the same for payment.
The Borough Clerk shall record all claims in the official minutes
of the Council by inserting therein a copy of the resolution approving
such claims and a list of the approved claims.
The Clerk shall indicate on each voucher that it has been approved
for payment with the date of approval noted thereon.
c.
The Chief Financial Officer shall prepare the necessary checks for
the payment of the approved claims. Such checks shall be signed by
the Mayor, or in his absence, the President of the Borough Council,
and Borough Clerk and thereafter countersigned by the Chief Financial
Officer. The Chief Financial Officer, after receiving the signed checks
for the payment of claims, shall record them in proper books of account
and thereafter forward the checks to the claimants.
The Chief Financial Officer shall establish a payroll account
and the Borough Council may thereafter by resolution prescribe the
manner in which payroll checks shall be drawn, who shall sign the
same, and the dates on which payment shall be made. In addition, the
Borough Council may, if it so elects, adopt a resolution providing
for the biweekly payment of salaries and wages and compensation and
establishing the work period and pay dates for such biweekly payments.
[Ord. No. 3-86 § 2-24; Ord. No. 8-9-93; Ord. No.
8-23-83; Ord. No. 4-92; Ord. No. 1-94; Ord. No. 8-94; Ord. No. 9-95; Ord. No. 2-97; Ord. No. 2-98; Ord. No.
4-99 § 1; Ord. No. 02-00 § 1; Ord. No. 01-01 § 1; Ord. No. 02-02 § 1; Ord. No. 01-03 § 1; Ord. No. 23-03 § 1; Ord.
No. 03-05 § 1; Ord. No.
03-06 § 1]
a.
Copy of Recording. Pursuant to N.J.S.A. 40:55D-10, a municipal agency
shall provide for verbatim recording of any municipal agency proceeding
and shall furnish a transcript or duplicate recording of any such
meeting on request of any interested party. Any interested party making
such a request, shall pay a fee for a duplicate copy tape of the recording
as set forth in the Borough Schedule of Fees Ordinance on file in
the office of the Borough Clerk.
b.
Copies. The fees for copies shall be as set forth on the Borough
Fee Schedule Ordinance on file in the office of the Borough Clerk.
[1982 Code § 2-15.4; Ord. No. 01-01 § 1; Ord. No. 02-02 § 1; Ord. No. 01-03 § 1; Ord. No. 23-03 § 1; Ord. No. 03-05 § 1; Ord.
No. 03-06 § 1]
All requests for accident reports, Police Reports, drunk driving
reports, or any other Police Department reports which are required
for the defense of an individual charged with an offense returnable
in the Municipal Court of the Borough of Jamesburg shall be directed
to the attention of the central file, Police Department, Borough of
Jamesburg, 31 East Railroad Avenue, Jamesburg, New Jersey 07731.
a.
Requests for Reports. Requests for reports shall contain, in the
case of accidents, the name of the drivers, date and location of accident.
All other requests shall list the name of the individual charged,
the purpose of the request, the offense charged, the date, and the
summons or complaint number.
b.
Police reports per copy when not requested in person
Fees shall be as set forth in the Borough Fee Schedule Ordinance
on file in the office of the Borough Clerk.
[Ord. No. 00-02 § 1; Ord. No. 01-01 § 1; Ord. No. 02-02 § 1; Ord.
No. 01-03 § 1; Ord. No.
23-03 § 1; Ord. No. 03-05 § 1; Ord. No. 03-06 § 1]
Fees shall be as set forth in the Borough Fee Schedule Ordinance
on file in the office of the Borough Clerk.
[Ord. No. 02-00 § 1; Ord. No. 01-01 § 1; Ord. No. 02-02 § 1; Ord.
No. 01-03 § 1; Ord. No.
23-03 § 1; Ord. No. 03-05 § 1; Ord. No. 03-06 § 1]
Fees shall be as set forth in the Borough Fee Schedule Ordinance
on file in the office of the Borough Clerk.
[Ord. No. 02-00 § 1; Ord. No. 01-01 § 1; Ord. No. 02-02 § 1; Ord.
No. 01-03 § 1; Ord. No.
23-03 § 1; Ord. No. 03-05 § 1; Ord. No. 03-06 § 1]
Fees shall be as set forth in the Borough Fee Schedule Ordinance
on file in the office of the Borough Clerk.
[Ord. No. 22-03 § 2]
a.
Whenever the nature, format, matter of collation or volume of a government
record embodied in the form of printed matter to be inspected, examined,
or copied pursuant to the Open Public Records Act, N.J.S.A. 47:1A-1
et seq., is such that the record cannot be reproduced by ordinary
document copying equipment in the ordinary business size or involves
an extraordinary expenditure of time and effort to accommodate the
request. The Borough may charge, in addition to the actual cost of
duplicating the record, a special service charge that shall be reasonable
and shall be based upon the actual direct cost of providing the copy
or copies.
b.
A special service charge may be assessed for providing copies of
documents and/or for providing access to documents for inspection
purposes, provided that the custodian of records determines that the
Borough does not have the capability to satisfy the request and/or
the request involves an extraordinary expenditure of time and effort
on behalf of the custodian of records and/or the staff or agents of
the Borough in order to accommodate the request. For the purposes
of this subsection, the term "extraordinary" shall be construed to
mean that which is beyond what is common or usual, and shall be determined
on a case-by-case basis.
c.
The special service charge shall be the direct cost incurred in reproducing
the requested government record(s).
d.
The custodian may arrange for duplication of government records by
outside sources, where the Borough does not have the capabilities
to satisfy the request in-house. In such circumstances, the custodian
may utilize informal bidding techniques and shall endeavor to find
the least expensive means to accommodate the request.
e.
Government records shall be provided in the medium requested based
upon the Borough's capabilities. If the Borough does not have
the ability to supply a public record in the medium requested, the
custodian of records shall either convert the record to the medium
requested or provide a copy in some other meaningful medium. If a
request is for a record in a medium not routinely used by the Borough;
not routinely developed or maintained by the Borough; or requiring
a substantial amount of manipulation or programming of information
technology, the Borough shall impose a special service charge in addition
to the actual cost of duplication. The special service charge shall
be reasonable and shall be based upon the cost for any extensive use
of information technology, or for the labor cost of personnel providing
the service, that is actually incurred by the Borough or attributable
to the Borough for the programming, clerical and supervisory assistance
required, or both. The custodian shall not be required to satisfy
the request through any medium that would render harm, violate any
licensing agreements or jeopardize the security of any computer hardware
or software and shall find other acceptable mediums to satisfy a request.
f.
The special service charge may also include the direct cost(s) associated
in providing access to record(s) for inspection purposes. Such costs
shall be determined by the custodian of records based upon the actual
time and effort incurred by Borough staff and/or agents best suited
to reply to the request. The charge may include the hourly usage rates
of staff and/or agents involved in all tasks related to accommodating
the request, multiplied by the total number of hours spent by such
staff or agents. The charge may also include reasonable costs attributable
to supervisory work, where participation by supervisory personnel
is required in order to accommodate the request.
g.
In all cases, the custodian shall endeavor to utilize the least expensive
means to accommodate a request for access to government records, and
the custodian shall provide the requestor with an opportunity to review
and object to any special service charge prior to it being incurred.
h.
A deposit of 50% of the estimated cost to satisfy a special service
charge shall be required in advance. The requestor shall be responsible
for paying the remainder at the time that the public record(s) and/or
services are provided.
[1982 Code § 2-23.1]
The Borough of Jamesburg prohibits the payment to a claimant
by any insurance company authorized to issue fire insurance policies
in the State of New Jersey 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 effective date
of this section and the filing of same with the State Commissioner
of Insurance, 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
a final order or judgment of the court or the municipality submits
to the insurance company a copy of a resolution of agreement from
the Borough Council authorizing full payment on the claim to the insured
person.
[1982 Code § 2-23.2]
The official certificate of search may be altered by the bonded
official responsible for preparing such certificate in order to correct
any errors or omissions or to add any municipal liens or related charges
due and payable subsequent to the preparation of the official certificate.
[Ord. No. 20-08 § 1]
Pursuant to N.J.S. 43:15C-2, the following positions are deemed
to be eligible for and shall participate in the Defined Contribution
Retirement Program:
[Ord. No. 20-08]
Individuals serving in the following positions are exempt from
Defined Contribution Retirement Program membership, pursuant to N.J.S.
43:15C-2:
[Ord. No. 20-08 § 3]
If an individual is appointed to one of the positions listed in subsection 2-67.1 and the individual is not serving in a position as described in subsection 2-67.2 above, the Pension Certifying Officer of the municipality may determine that the individual is not required to join the Defined Contribution Retirement Program if that individual: (1) was an active participant in the Public Employee Retirement System on July 1, 2007 and continuously since that time; or (2) has been appointed pursuant to a valid promotional process; or (3) is appointed on a temporary, interim, or "acting" basis to a position requiring State Certification as set forth in subsection 2-67.2 herein, and is in pursuit of the required certification; or (4) meets such other exceptions that may be approved by the Local Finance Board or the Division of Pensions and Benefits.
[Ord. No. 20-08 § 4]
This section shall be implemented, construed and subject to
the aforesaid Chapter 92 of the Laws of 2007 (N.J.S. 43:15C-1 et seq.)
as amended from time to time, and any regulations or guidance documents
from the Local Finance Board or the Division of Pensions and Benefits.
[Ord. No. 17-11]
As used in this section:
a.
CAMPAIGN COMMITTEE - Shall mean (i) every candidate for the Borough
of Jamesburg elective municipal office; (ii) every candidate committee
established by or for the benefit of a candidate for the Borough of
Jamesburg elective municipal office; (iii) every joint candidate committee
established in whole or in part by or for the benefit of a candidate
for the Borough of Jamesburg elective municipal office; (iv) every
political party committee of the Borough of Jamesburg; (v) every political
party committee of County of Middlesex; and (vi) every political committee,
continuing political committee, or other form of association or organization
that regularly engages in the support of candidates for the Borough
of Jamesburg municipal or County of Middlesex elective offices or
the Borough of Jamesburg municipal or County of Middlesex political
parties or political party committees. The terms in the foregoing
paragraph have the meaning prescribed in N.J.A.C. 19:25-1.7.
b.
CONTRIBUTION - Shall have the meaning prescribed in N.J.A.C. 19:25-1.7.
By way of illustration, and not limitation, this definition includes
pledges, loans, and in-kind contributions.
c.
CONTRACT FOR PROFESSIONAL OR EXTRAORDINARY SERVICES - Shall mean
all contracts for "professional services" and "extraordinary unspecifiable
services" as such term is used in N.J.S.A. 40A:11-5.
d.
For purposes of this section, a BUSINESS ENTITY WHOSE CONTRIBUTIONS
ARE REGULATED BY THIS SECTION - Means: (i) an individual including
the individual's spouse, and any child/children; (ii) a firm;
corporation; professional corporation; partnership; limited liability
company; organization; association; and any other manner and kind
of business entity; (iii) any person who owns 10% or more of the equity
or ownership or income interests in a person or entity as defined
in subparagraphs (i) and (ii) above and their spouses and child/children;
(iv) all partners or officers of such an entity, in the aggregate,
and their spouses and child/children; (v) any person, subcontractor,
subsidiary, corporation, firm, partnership, limited liability company,
organization or association who has received or indefeasibly acquired
the right to receive, from a person described in subparagraph (i)
above, more than $100,000 in compensation or income of any kind (including,
by way of illustration, and not limitation: wages, salaries, sums
paid to independent contractors, benefits, dividends, profit-sharing,
pension contributions, deferred contributions, stock, stock options
or gifts), in any twelve-month period prior to the award of, or during
the term of, a contract subject to this section; and (vi) all persons
who are an "affiliate" of a business entity as defined in items (i),
(ii) and (v) above, as such term is used in 11 U.S.C. 101(2).
[Ord. No. 17-11 § 1]
a.
To the extent that it is not inconsistent with State or Federal law,
the Borough of Jamesburg and any of its departments, instrumentalities
or purchasing agents shall not enter into any agreement or otherwise
contract to procure "professional services" as such term is defined
at N.J.S.A. 40A:11-2(6) and used at N.J.S.A. 40A:11-5(1)(a)(i) and/or
banking, insurance or other consulting service (hereinafter "professional
services"), nor "extraordinary unspecified services" as such term
is defined at N.J.S.A. 40A:11-2(7) and used at N.J.S.A. 40A:11-5(1)(a)(ii)
and/or media, public relations, lobbying, parking garage management
or other consulting and/or management service (hereinafter "extraordinary
unspecified services") from any business entity if such business entity
has solicited or made any contribution to (i) a candidate, candidate
committee or joint candidates committee of any candidate for elective
municipal office in the Borough of Jamesburg or a holder of public
office having ultimate responsibility for the award of a contract,
or (ii) to any Borough of Jamesburg or Middlesex County political
committee or political party committee, or (iii) to any continuing
political committee or political action committee that regularly engages
in the support of the Borough of Jamesburg municipal or Middlesex
County elections and/or the Borough of Jamesburg municipal or Middlesex
County candidates, candidate committees, joint candidate committees,
political committees, political parties, political party committees,
(hereinafter "PAC"), in excess of the thresholds specified in paragraph
c below within one calendar year immediately preceding the date of
the contract or agreement.
b.
No business entity who submits a proposal for, enters into negotiations
for, or agrees to any contract or agreement with the Borough of Jamesburg
or any of its departments or instrumentalities, for the rendition
of professional services or extraordinary unspecified services shall
knowingly solicit or make any contribution, to (i) a candidate, candidate
committee or joint candidates committee of any candidate for elective
municipal office in the Borough of Jamesburg, or a holder of public
office having ultimate responsibility for the award of a contract,
or (ii) to any Borough of Jamesburg or Middlesex County political
committee or political party committee, or (iii) any PAC between the
time of first communication between that business entity and the municipality
regarding a specific agreement for professional services or extraordinary
unspecified services, and the later of the termination of negotiations
or rejection of any proposal, or the completion of the performance
or specified time period of that contract or agreement.
c.
The monetary thresholds of this section are: (i) a maximum of $300
per calendar year each for any purpose to any candidate or candidate
committee for Mayor or Governing Body, or $500 per calendar year to
any joint candidates committee for Mayor or Governing Body, or $300,
per calendar year to a political committee or political party committee
of the Borough of Jamesburg; (ii) $500 maximum per calendar year to
a Middlesex County political committee or political party committee;
and (iii) $500 maximum per calendar year to any PAC. However, for
each business entity party to a contract for professional or extraordinary
unspecified services as defined in paragraph a., or engaged in negotiations
for a contract defined in paragraph a., when such business entity's
contribution is aggregated with all "persons" defined in paragraph
d of "definitions" above, by virtue of their affiliation to that business
entity party, a maximum of $2,500 to all Borough of Jamesburg candidates,
candidate committees, joint candidate committees, and holders of public
office having ultimate responsibility for the award of a contract,
all Borough of Jamesburg or Middlesex County political committees
and political party committees as described herein combined, without
violating paragraph a of this section.
d.
For purposes of this section, the office that is considered to have
ultimate responsibility for the award of the contract shall be (i)
the Borough of Jamesburg Mayor or Governing Body, if the contract
requires approval or appropriation from the Mayor or Governing Body,
or (ii) the Mayor of the Borough of Jamesburg, if the contract requires
approval of the Mayor, or if a public officer who is responsible for
the award of a contract is appointed by the Mayor.
e.
Rules Regarding Subcontractors. No person may be awarded a subcontract
to perform under a contract subject to this section, if the subcontractor
would be disqualified by paragraph a from receiving the contract at
the time that the subcontract is awarded. Nor may any person who would
be disqualified by paragraph a from receiving the contract perform
substantially all of obligations described in a contract for professional
or extraordinary services that is subject to this section.
[Ord. No. 17-11 § 2]
No contribution or solicitation of contributions made prior
to the effective date of this section shall be deemed to give rise
to a violation of this section.[1]
[1]
Editor's Note: Ordinance No. 17-11, codified herein,
was adopted September 14, 2011.
[Ord. No. 17-11 § 3]
No contract subject to this section may be renewed, extended,
or materially modified unless the resulting renewal, extension, or
modification would be allowable under the provisions of this section
if it were an initial contract.
[Ord. No. 17-11 § 4]
a.
Prior to awarding any contract or agreement to procure professional services or "extraordinary unspecified services" from any business entity, the Borough of Jamesburg or its purchasing agents and departments, as the case may be, shall receive a sworn statement from said business entity which is the intended recipient of said contract that he/she/it has not made a contribution in violation of subsection 2-68.2 of this section. The Borough of Jamesburg, its purchasing agents and departments shall be responsible for informing the Mayor and Council that the aforementioned sworn statement has been received and that the business entity is not in violation of this section, prior to awarding the contract or agreement.
b.
A business entity shall have a continuing duty to report to the Borough
of Jamesburg any contributions that constitute a violation of this
section that are made during the negotiation, proposal process or
the duration of a contract. The Borough of Jamesburg, its purchasing
agents and departments shall be responsible for informing the Governing
Body within 10 business days after receipt of said report from the
business entity, or at the next Mayor and Council meeting following
receipt of said report from the business entity, or whichever comes
first.
c.
The certification required under this subsection shall be made prior
to entry into the contract or agreement with the Borough of Jamesburg,
or prior to the provision of services or goods, as the case may be,
and shall be in addition to any other certifications that may be required
by any other provision of law.
[Ord. No. 17-11 § 5]
A business entity that is a party to a contract for professional services or extraordinary unspecified services may cure a violation of subsection 2-68.2 of this section, if, within 30 days after the date on which the applicable ELEC report is published, said business entity notifies the municipality in writing and seeks and receives reimbursement of the contribution from the recipient of such contribution.
[Ord. No. 17-11 § 6]
The contribution limitations prior to entering into a contract in subsection 2-68.2a do not apply to contracts which (i) are awarded to the lowest responsible bidder after public advertising for bids and bidding therefor within the meaning of N.J.S.A. 40A:11-4, or (ii) are awarded in the case of emergency under N.J.S.A. 40A:11-6. There is no exemption for contracts awarded pursuant to a "fair and open process" under N.J.S.A. 19:44A-20 et seq.
[Ord. No. 17-11 § 7]
a.
It shall be a material breach of the terms of a the Borough of Jamesburg
agreement or contract for professional services or extraordinary unspecified
services when a business entity that is a party to such agreement
or contract has: (i) made or solicited a contribution in violation
of this section; (ii) knowingly concealed or misrepresented a contribution
given or received; (iii) made or solicited contributions through intermediaries
for the purpose of concealing or misrepresenting the source of the
contribution; (iv) made or solicited any contribution on the condition
or with the agreement that it will be recontributed to a candidate,
candidate committee or joint candidates committee of any candidate
for elective municipal office in the Borough of Jamesburg, or a holder
of public office having ultimate responsibility for the award of a
contract, or any Borough of Jamesburg or Middlesex County political
committee or political party committee, or any PAC; (v) engaged or
employed a lobbyist or consultant with the intent or understanding
that such lobbyist or consultant would make or solicit any contribution,
which if made or solicited by the professional business entity itself,
would subject that entity to the restrictions of this section; (vi)
funded contributions made by third parties, including consultants,
attorneys, family members, and employees; (vii) engaged in any exchange
of contributions to circumvent the intent of this section; or (viii)
directly or indirectly, through or by any other person or means, done
any act which if done directly would subject that entity to the restrictions
of this section.
b.
Furthermore, any business entity that violates subsection 2-68.8a (i-viii) shall be disqualified from eligibility for future Borough of Jamesburg contracts for a period of four calendar years from the date of the violation.
c.
Any person who knowingly, purposely, or recklessly violates any provision
of this section, or who conspires with another person to violate any
provision of this section, or who, with the purpose of promoting or
facilitating a violation of this section, solicits another person
to commit it, or aids or agrees, or attempts to aid another person
in planning or committing it, shall be subject to punishment including
fines and/or imprisonment as fixed by law for violations of the ordinances
of the Borough of Jamesburg.
[Ord. No. 17-11 § 8]
In addition to any rights that were heretofore available, or
which may hereafter be available, to citizens, taxpayers, or associations,
to challenge violations of this section, every person aggrieved by
a violation of the section, or any taxpayer or resident of the Borough
of Jamesburg has the right, consistent with the rules of court, to
file charges in a court of competent jurisdiction, and/or to pursue
a civil action for a violation of this section in a court of competent
jurisdiction, and to seek and obtain declaratory, injunctive, or other
legal or equitable relief, including but not limited to, attorney's
fees and costs, arising from or related to a violation of this section.
