[1972 Code § 10-1; New]
Any person claiming payment from the Borough shall present a
detailed invoice (N.J.S.A. 40A:5-16), accompanied by a properly executed
voucher.
[1972 Code § 10-2; New]
It shall be the duty of the Chief Financial Officer or Treasurer
to see that every voucher bears the signature of the officer or employee
who has been duly designated by the local unit to certify that the
materials have been received by or the services rendered to the local
unit. (N.J.S.A. 40A:5-16)
[1972 Code § 10-3]
a.
The Chief Financial Officer or Treasurer shall be the certifying
and approval officer.
1.
It shall be the duty of the certifying and approval officer to certify
the existence of proper and sufficient appropriations for the payment
of the claims and determine there is legal authority for payments
evidenced by action of a Purchasing Department or agent or officer
in respect to the goods or services ordered and the incurring of the
expense therefor.
2.
It shall be the duty of the certifying and approval officer to forthwith
prepare the necessary checks for payment thereof and prepare a resolution
for presentation to the Borough Council.
3.
The Chief Financial Officer or the Treasurer shall present the claims,
checks and resolutions to the Municipal Clerk, who shall present same
to the Borough Council.
[1972 Code § 10-4]
Every claim shall be approved for payment by the Chairman and
one member of the Committee responsible for the placing of the order,
upon satisfaction that the claim is proper. In the event the Chairman
is not available to approve any such claim, the approval of any such
claim by two members of the Committee responsible for the placing
of the order shall be sufficient.
[1972 Code § 10-5]
Claims shall be considered by the Borough Council which shall
approve the same, except that the Borough Council may reject any claim
presented to it, stating the reason for such rejection. Any disapproved
claim shall be referred back to the Chief Financial Officer or Treasurer
with such instructions as the Borough Council may give at the time
of disapproval.
[1972 Code § 10-6]
It shall be the duty of the Municipal Clerk to record all claims
in the official minutes, indicating that the Governing Body has by
formal action approved the same, with appropriate record as to any
claims disapproved or rejected.
[1972 Code § 10-7]
It shall be the duty of the approval officer and the Administrator,
or such other officer designated by resolution of the Borough Council,
to indicate on such claims that they have been approved for payment.
[1972 Code § 10-8]
Following approval by the Borough Council, all checks shall
be signed by the Mayor or the President of the Borough Council, or
in their absence by the Chairman of the Administration and Finance
Committee; the Municipal Clerk or the Deputy Clerk; and the Chief
Financial Officer or the Treasurer. The Chief Financial Officer or
Treasurer shall record them in the proper books of account and thereafter
mail or otherwise distribute the checks to the claimants.
[1972 Code § 10-9; New]
The Chief Financial Officer or Treasurer shall present monthly
to the Borough Council for approval vouchers drawn to the order of
the Borough of Watchung payroll account as follows:
a.
Payroll vouchers shall be drawn prior to Borough Council approval
when salaries are due and payable prior to the regular meeting of
the Borough Council.
b.
Payroll vouchers shall be drawn in advance for all employees whose
compensation is on an hourly basis when the compensation has been
approved by some responsible designated official and the chairman
of the appropriate committee and has been certified to the Chief Financial
Officer or Treasurer.
c.
At the first meeting of the Borough Council in January of each year,
there shall be approved an account to be designated the Borough of
Watchung Payroll Account, and from time to time the Chief Financial
Officer or Treasurer, upon receipt of a voucher for the amount due
such payroll account, shall deposit the same to the credit of the
payroll account, charging the appropriate budgetary accounts therewith.
d.
The Chief Financial Officer or Treasurer shall thereafter draw checks
on the payroll account to the employees entitled to payment therefrom.
e.
At each regular meeting of the Borough Council, the Chief Financial
Officer or Treasurer shall submit for the approval or ratification,
as the case may be, the necessary payrolls for the amount due for
employee compensation. The payroll shall be considered by the Borough
Council in due course and approved if found to be correct.
f.
In case of error or adjustment in the payroll, the Chief Financial
Officer or Treasurer shall see that such error or adjustment is properly
corrected and appropriate record made thereof.
[1972 Code § 10-10; New]
This section shall provide for the establishment of 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.
[1972 Code § 11-2]
No insurer issuing fire insurance policies in this State shall
pay any claim for fire damages in excess of $2,500 on any real property
located within the Borough of Watchung unless or until the insured
person submits an official certificate of search for municipal liens
certifying that all taxes, assessments or other municipal liens or
charges, levied and assessed and due and payable against the property
have been paid. Any request pursuant to this section, for an official
certificate of search for municipal liens shall specify that the search
concerns fire damaged property.
[1972 Code § 11-3]
If the municipal search shall reveal the presence of any taxes,
assessments or other municipal liens or charges due and payable, then
such amounts shall be paid by either the owner of such real property
or by the insurance company prior to the payment of any claims for
fire damages in excess of $2,500 on such real property located within
the Borough except as provided herein. An insurance company is hereby
authorized and required, prior to the payment of any claims for fire
damages in excess of $2,500, to pay to the Borough the amount of the
liens appearing on the official certificate (tax search) and such
other recorded liens or related charges as may be certified to the
insurance company.
[1972 Code § 11-5]
If an appeal is taken on the amount of any lien or charge, other
than an appeal on the assessed valuation of real property pursuant
to N.J.S.A. 54:3-21, the insurance company shall issue a draft payable
to the court of record, to be held by the court in an interest bearing
escrow account in a banking institution or savings and loan association
in this State, in an amount totaling 75% of the full amount of the
lien or charge being contested but not to exceed the proceeds payable
under its insurance policy, and the insurance company shall issue
a draft payable to the municipality for the remaining 25% of the lien
or charge being contested, with the full amount paid by the insurance
company to the court and the Borough not to exceed the proceeds payable
under its insurance policy pending termination of all proceedings,
at which time such monies and all interest accruing thereon at a rate
paid on interest bearing accounts in banking institutions for savings
and loan associations in this State, shall be disbursed in accordance
with final order or judgment of the court.
[1972 Code § 11-6]
A municipal claim made in accordance with the provisions of
this section shall be paramount to any other claims on the proceeds
of the fire insurance policy, except the claim of the holder of a
purchase money mortgage held as a first mortgage or an institutional
lender which is a holder of a mortgage on the fire damage property,
where the fire insurance policy at the time of the loss listed the
mortgagee as the holder of an insurable interest, in which event the
claim of the mortgagee to the proceeds shall be paramount to the municipal
lien under this section only to the extent of the amount due and payable
to the mortgagee under the mortgage contract. As used in this section,
"institutional lender" means any bank, savings bank, State or Federal
chartered savings and loan association, or insurance company.
[1972 Code § 11-7]
Nothing in this section shall be construed to affect the authority
of the Borough to enforce a Borough lien under any other law of this
State.
[Ord. No. 98/10 § 1]
The Clerk of the Borough is authorized to file this section
with the New Jersey Commissioner of Insurance and to request that
the Commissioner publish notice of this section in the New Jersey
Register.
[Ord. No. 93/20 § 1]
It is the intent and purpose of this section to provide for
the indemnification and defense of actions against certain public
officials and employees as described herein.
[Ord. No. 93/20 § 2]
For the purposes of this section, unless the context clearly
indicates a different meaning, the following words and phrases shall
have the meanings set forth:
Shall mean coverage afforded by insurance policies of every
kind, whether the premiums be paid by the Borough, the municipal official
or someone on their behalf.
Shall mean any officer or official, employee, Councilmember,
Mayor, Board member or other individual appointed or hired by the
Mayor or the Borough Council or the Borough Administrator, whether
full or part time. The term shall also include any volunteer serving
the Borough on the Recreation Commission or as a coach or assistant
on a team organized under the auspices of the Recreation Commission,
member of the Volunteer Fire Department, member of the Rescue Squad.
The terms shall also include any person elected by the voters to fill
any official position in the Borough or any person subsequently appointed
to fill such position. A municipal official is not, for the purposes
of this section, intended to include independent contractors or expert
consultants, be it professional or otherwise.
[Ord. No. 93/20 § 3]
The Borough shall provide for the defense of any action brought against a municipal official on account of any act or omission arising out of or incidental to the performance of their duties, and this obligation shall extend to any cross action, counterclaim, crossclaim, cross complaint or third party complaint against such municipal official, unless excepted by the terms of subsection 2-55.4.
[Ord. No. 93/20 § 4]
The Borough shall not be required to provide any defense when
the Borough Council determines that:
a.
The act or omission was not within the scope or incidental to the
normal course of duty of the public official;
b.
The act or failure to act was the result of actual fraud, actual
malice, willful misconduct or an intentional wrong;
c.
The defense of the action or proceeding is provided for by an insurance
policy or policies, whether obtained by the Borough or by any other
person or entity;
d.
Where the action has been brought by the municipality itself against
the public official, or where the action is a criminal proceeding;
e.
Where the public official has failed to provide to the Borough within
15 calendar days after the time the public official is served with
any summons, complaint, process, notice, demand or pleading, the original
or copy thereof;
f.
Where the public official has failed to cooperate fully with the
defense.
[Ord. No. 93/20 § 5]
The Borough may provide any defense required of it under this
section through the office of the Borough Attorney or by employing
other counsel. The Borough shall in no event be responsible for the
cost of attorney's fees incurred by anyone unless it shall agree in
writing to the terms of the representation.
[Ord. No. 93/20 § 6]
Whenever the Borough provides any defense required of it under
this section, the Borough, through counsel, may assume exclusive control
over representation of the public official, and such official shall
cooperate fully with the defense.
[Ord. No. 93/20 § 7]
a.
In any case where the Borough is required to provide a defense under
this section, the Borough shall pay or shall reimburse the public
official for the following:
b.
In addition, in any case where the Borough would be required to provide a defense under this section, except for the fact that such defense is provided for by insurance, either through a policy of the Borough or the individual, the Borough shall provide indemnification as aforesaid, but only to the extent that liability exists which is not covered by insurance and not excepted by the terms of subsection 2-55.4.
c.
In addition to the above, the Borough shall indemnify public officials
as defined herein for exemplary or punitive damages, provided that
the acts committed by the Borough official upon which said damages
are based, did not constitute actual fraud, actual malice, willful
misconduct or an intentional wrong.
[Ord. No. 93/20 § 8]
The obligations as described herein requiring the municipality
to provide a defense and indemnify certain public officials shall
be retroactive to the extent that any pending claims, complaints,
pleadings against public officials as defined shall be covered under
this section, and the Borough shall immediately assume the defense
and provide indemnification.
[Ord. No. OR:8/20 § 1; Ord. No. OR:09/03 § 1]
Pursuant to N.J.S.A. 43:15C-2, the following positions are deemed
to be eligible for and shall participate in the Defined Contribution
Retirement Program:
[Ord. No. OR:8/20 § 2; Ord. No. OR:09/03 § 2]
Individuals serving in the following positions are exempt from
Defined Contribution Retirement Program membership, pursuant to N.J.S.A.
43:15C-2.
[Ord. No. OR:8/20 § 3; Ord. No. OR:09/03 § 3]
If an individual is appointed by one of the positions listed in subsection 2-56.1 above and the individual is not serving in a position as described in subsection 2-56.2 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:
a.
Was an active participant in the Public Employee Retirement System
(PERS) on July 1, 2007 and continuously since that time; or
b.
Has been appointed pursuant to a valid promotional process; or
c.
Is appointed on a temporary, interim, or "acting" basis to a position requiring State Certification as set forth in subsection 2-56.2 above, and is in pursuit of the required certification; or
d.
Meets such other exceptions that may be approved by the Local Finance
Board of the Division of Pensions and Benefits.
[Ord. No. OR:8/20 § 4; Ord. No. OR:09/03 § 4]
This section shall be implemented, construed and subject to
Chapter 92 of the Laws of 2007 (N.J.S.A. 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.
