Borough of Paulsboro, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Paulsboro 10-7-1986 by Ord. No. 0.8.86. Amendments noted where applicable.]

§ 39A-1 Fund established; purpose.

[Amended 4-4-1995 by Ord. No. 0.5.95]
A. 
There is hereby established an insurance fund within the Borough of Paulsboro in accordance with the provisions of N.J.S.A. 40A:10-6 et seq. for the following purposes:
(1) 
To insure against any loss or damage however caused to any property, motor vehicle, equipment or apparatus owned by the Borough of Paulsboro or owned by or under the control of any of the Borough of Paulsboro's departments, boards, agencies or commissions.
(2) 
To insure against liability from the use or operation of motor vehicles, equipment or apparatus owned by or controlled by the Borough of Paulsboro or owned by or under the control of any of the Borough of Paulsboro's departments, boards, agencies or commissions.
(3) 
To insure against liability for any negligence caused or attributed to the Borough of Paulsboro and that of any of the Borough of Paulsboro's officers, employees and servants, whether or not compensated or part-time, who are authorized to perform any act or services, but not including an independent contractor within the limitations of the New Jersey Tort Claims Act (N.J.S.A. 59:1-1 et seq.).
B. 
The Mayor and Borough Council of the Borough of Paulsboro may appropriate the moneys necessary to effectuate the purposes of this ordinance.

§ 39A-2 Designation of limits; disposition of excess.

The Borough Council may designate the maximum or minimum amount of the insurance fund and, from time to time, provide for the disposition of any excess over and above the maximum fixed or of the interest or profits arising therefrom when the fund shall have reached the maximum limit.

§ 39A-3 Insurance Fund Commission.

[Amended 4-4-1995 by Ord. No. 0.5.95]
There is hereby established an Insurance Fund Commission consisting of three Commissioners. The Mayor shall nominate and, with the advice and consent of Council, appoint said Commissioners.
A. 
The Commissioners shall be members of the governing body of the Borough of Paulsboro. The Commissioners shall hold office for two years or for the remainder of their term of office, whichever shall be less, and until their successor shall have been duly appointed and qualified. Vacancies in the office of the Insurance Fund Commissioners caused by any reason, other than the expiration of term as a member of the governing body, shall be filled for the unexpired term. The Commissioners shall serve without compensation.

§ 39A-4 Appointment of Commission Secretary; Compensation.

[Amended 4-4-1995 by Ord. No. 0.5.95]
A. 
A person shall be appointed to serve as Secretary to the Insurance Fund Commission. The Secretary shall be appointed by the Mayor, with the advice and consent of Borough Council, and shall serve at the pleasure of the Commission.
B. 
The annual salary of the Commission's Secretary, if any, shall be set by ordinance or resolution, as appropriate, as authorized by the governing body.

§ 39A-5 Powers and authority of Commissioners.

The Commissioners shall have the following powers and authority:
A. 
Subject to the approval of the Mayor and Council, to employ necessary clerical assistants whose compensation shall be fixed and paid by the Borough Council in the same manner as that of other employees.
B. 
Subject to the control of the Mayor and Council, to invest the fund and all additions and accretions therefrom in such securities that may be readily sold for cash, for the payment of the losses suffered upon any of the property of the municipality designated as having been covered by the insurance fund. The Commissioners shall not invest the fund in any security other than those investments customarily made by the Borough of Paulsboro with other funds.
C. 
To perform such other functions and duties as delegated to them by state statute and by the terms and provisions of this ordinance.

§ 39A-6 Organization of Commissioners; meetings; report.

Within 30 days of their appointment, the Insurance Fund Commissioners shall meet for the purpose of preparing and adopting operating procedures, which shall be in writing and subject to the approval of the Mayor and Council. Thereafter, the Commissioners shall meet at least quarterly and submit a report to the Mayor and Council concerning the status of the fund and other relevant information. Annually thereafter, the Commissioners shall, forthwith after their appointment, organize for the ensuing year and elect from their membership a Chairman, who shall serve for the year.

§ 39A-7 Submission, evaluation and payment of claims.

A. 
All claims made against the Borough of Paulsboro, for which payment shall be sought out of the insurance fund created hereunder, shall be submitted to the Borough's Risk Manager. The Risk Manager shall evaluate all claims submitted, and if, in his discretion, he determines that such claim is valid and should be paid, he shall:
(1) 
Authorize, for all claims of $500 or less, payment from the fund of such claim; or
(2) 
Recommend, for all claims over $500, payment, in which event the Insurance Fund Commissioners shall then meet to evaluate the Risk Manager's recommendation and, if concurring, authorize payment of such claims.
B. 
All claims which the Risk Manager recommends for disapproval, compromise or some other form of disposition shall be forwarded to the Insurance Fund Commissioners with the Risk Manager's evaluation for the Commissioner's review and disposition.
C. 
Neither the Risk Manager or the Insurance Fund Commissioners shall approve any claim, the payment of which would create an insolvency in the fund. Likewise, any authorized payment to be made in installments covering a period of more than one fiscal year shall be first approved in writing upon enactment of a concurring resolution by the Mayor and Borough Council. If it appears to the Risk Manager and/or Insurance Fund Commissioners that during any given fiscal year there is likely to exist an excess of claims over proceeds available in the fund, the Risk Manager and/or Insurance Fund Commissioners shall immediately so certify in writing to the Mayor and Borough Council.
D. 
Claims for payment approved by the Risk Manager and/or Insurance Fund Commissioners shall be submitted on the voucher form prescribed by the Borough and will for all claims of $500 or less require the signature of the Risk Manager, and for all claims over $500 require the signature of two of the Insurance Commissioners.
E. 
Payments to be made on all vouchers will be by check signed by the appropriate counter signatories of the Borough as is required for the payment of all other duly approved bills and vouchers.
F. 
When required, the Insurance Fund Commissioner may consult with the Borough Solicitor and Borough Auditor.

§ 39A-8 Designation of Risk Manager.

The duties of the Risk Manager shall be assumed by the Borough Administrator or such other person as the Mayor and Borough Council shall designate. The Risk Manager shall be appointed for a one-year term and shall serve until his successor is duly appointed.