The Borough Clerk shall attend all meetings of the Council,
keep a correct record of all its proceedings, and perform such other
duties as the Council may require, or as may be directed by law.
A quorum must be present for a meeting of the governing body.
Three or more Council members and the Mayor, or four or more Council
members without the Mayor, shall constitute a quorum.
[Amended 2-23-2010 by Ord. No. 3196-10]
A. All purchases must comply with the bidding requirements, and other
requirements, imposed by the Local Public Contracts Law, N.J.S.A.
40A:11-1, et seq.
B. Prior to committing to any purchase, a requisition signed by the
department head of the requesting department shall be presented to
the Chief Financial Officer to ensure the availability of funds and
that the proper budgetary account is charged, and to the Borough Administrator,
or in the absence of a Borough Administrator by anyone the Council
designates by resolution. Requisitions under the current bid threshold
($40,000 at the time of the most recent amendment to this subsection)
shall be signed by the department head of the requesting department,
the Chief Financial Officer, and the Borough Administrator, or in
the absence of a Borough Administrator by anyone the Council designates
by resolution. Requisitions above the current bid threshold ($40,000
at the time of the most recent amendment to this subsection) shall
also be presented to the appropriate Councilperson and are subject
to Council approval. However, a Councilperson's signature is not required
for any requisitions that are statutory and contractually negotiated,
including but not limited to requisitions for health benefit payments,
insurance payments, distribution of tax levies, sewer utilities, pension
payments and debt payments.
[Amended 6-26-2018 by Ord. No. 3464-18]
C. The Borough Administrator or, in the absence of a Borough Administrator,
the Council may delegate the review and approval of requisitions for
purchases costing less than $1,000 to the Purchasing Agent or other
appropriate individual. That delegation by the Administrator must
be in writing or resolution of the Council and filed with the Borough
Clerk, specifying the classes of requisitions over which authority
is delegated.
D. For all requisitions, the Borough Administrator or his or her delegate
or the Council's delegate shall review the requisition to determine
that it is necessary and appropriate for purchase at that time, and/or
is a planned and budgeted expenditure.
E. Whenever possible, written quotations shall be obtained for all purchases.
If the cost of purchasing the material is below the bid threshold
established by New Jersey Public Contracts Law N.J.S.A. 40A:11, but
over $3,150 (or present quote threshold), a reasonable effort must
be made to obtain at least three written quotes before entering into
any contract.
F. Upon receipt of a certification of availability of funds, the requisition
shall be filed in the Purchasing Office, and shall be available for
review by any member of the Council.
G. The appropriate standing committee may specify in writing, filed
with the Borough Administrator, that certain classes of requisitions
shall require its specific approval prior to a purchase order being
given. If so specified, a member of the committee shall review all
requisitions falling into that class.
H. An objection to any requisition must be made in writing. If an objection
is unable to be reconciled, or if the standing committee fails to
approve the requisition, the requisition shall be presented to the
governing body for consideration at the next council meeting by the
Borough Administrator, or any Councilmember who believes that the
purchase is in the best interests of the Borough
I. If no objections are noted, or if any noted objection is resolved,
the Chief Financial Officer or Purchasing Agent may proceed to issue
a purchase order as soon as expedient, and purchase the material.
The purchase order and descriptive information will appear on the
bill list (in accordance with Article Eleven) for payment approval
by the Council.
J. Any purchase over $21,000 or such higher amount as set by statute
or administrative code, must be advertised in accordance with the
Local Public Contracts Law, N.J.S.A. 40A:11.
K. If the cost of purchasing supplies and equipment is above the bidding
threshold, written specifications shall be prepared for approval by
the Council. Upon approval of the specifications, the Administrator
or his or her delegate, or in the absence of an Administrator an individual
named by a majority of the council, shall procure the materials pursuant
to public bidding.
L. To ensure compliance with the Local Public Contract Law N.J.S.A.
40A:11, a Resolution will be presented to the Mayor and Council, along
with a certification of funds, for any purchase(s) over $21,000 or
such higher amount as set by statute or administrative code. Resolutions
for lesser amounts may be presented to the governing body at request,
or at the discretion of the CFO, the Borough Administrator, or his/her
delegate.
M. The Borough Administrator or his or her delegate or the Council's
delegate is authorized, upon consultation with the Committee Chair,
to approve requisitions for the emergency purchase of materials, or
provision of services, before review by the Council when the purchase
is deemed necessary to maintain essential Borough operations.
Upon every vote of the Council on resolutions and motions, the
ayes and nays shall be taken and recorded. No member shall be permitted
to vote unless present when the member's name is called in regular
order. A voice vote may be taken on any motion or resolution. A roll
call vote shall be required upon the demand of one or more members
of the governing body.
These bylaws may be amended by a vote of a majority of the Council,
but only at a meeting of the Council where notice of said proposed
amendment has been presented to the entire governing body at least
14 days prior. The bylaws may be amended temporarily for a specific
meeting, but only by an affirmative vote of two thirds of Council
members present at that meeting.