[1975 Code § 5-1; Ord. No. 014-75; New]
Any person claiming payment from the Borough of Allentown shall first submit to the responsible executive agency a detailed statement of the items or demand necessitating such claim, specifying particularly how the bill or demand is made up, and a certification by 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 from a designated Borough employee, having personal knowledge of the facts that the goods have been received by or the services rendered to the Borough of Allentown and that those services or goods are consistent with an existing contract or purchase order and that proper purchasing procedures, as outlined in Section 2-74 have been followed. The Treasurer shall have the duty to audit, warrant and make recommendation on all claims and bills.
[1975 Code § 5-2; Ord. No. 014-75]
The bill or claim duly certified shall be presented to the Municipal
Clerk for inclusion in the proceedings of the next immediate formal
meeting of the Governing Body, and 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
and without preference, and the list shall be made available to every
member of the Governing Body at least three days prior to formal action
by the body.
[1975 Code § 5-3; Ord. No. 014-75]
Claims shall be considered by the Council, which shall approve
the same, except that the Governing Body may reject any claim presented
to it, stating the reason for such rejection. Any tie votes may be
broken by vote of the Mayor. 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.
[1975 Code § 5-4; Ord. No. 014-75]
It shall be the duty of the Municipal Clerk to record all claims
in the official minutes or through an appropriate claims register,
indicating the Governing Body has by formal action approved the same,
with appropriate records as to any claims disapproved or rejected.
All records pertaining to approved or disapproved bills or claims
shall be available for public inspection.
[1975 Code § 5-5; Ord. No. 014-75]
The Treasurer shall make disbursements upon receipt of an order
by the Borough Council, attested by the Borough Clerk. In the event
that the Mayor vetoes the payment of any claims or bills, the Treasurer
may be authorized to make payment by a vote of the Borough Council
whereby at least 2/3 of all the Councilmen vote to override such veto
of any claim or bill.
[1975 Code § 5-6; Ord. No. 014-75]
After the Clerk has certified that the claims have been approved,
he shall turn the same over to the Treasurer, who shall forthwith
prepare the necessary checks for the payment thereof, which checks
shall be signed by the Mayor and thereafter signed by the Treasurer.
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.
[New]
a.
Purchase Requisitions. Purchase requisitions will only be acted upon
by the Purchasing Agent if:
1.
They are completely filled out to include all requested information
including a complete description of the material and service to be
ordered.
2.
The purchase requisition is over $500[1] and, therefore, requires Council approval. The Council
person in charge of that Department must give prior approval either
by phone or in writing for the requisition to move forward.
[1]
Editor's Note: Purchases over $500 if part of a bond issue
do not need Council approval, but must follow the same purchasing
guidelines set forth.
3.
The purchase requisition is over $500, two to three telephone or
faxed quotes must be attached. If there is only one vendor for a particular
material or service, this must be stated.
4.
For purchase requisitions over $1,000, three written/faxed quotes
are required. If there is only one vendor for a particular material
or service, this must be stated. If contacted vendors failed to quote,
this must be stated with documentation.
5.
Before a purchase requisition is turned into a purchase order, the
Chief Financial Officer will verify the account balance for funds.
6.
When the materials or services are received, the ordering department
should sign and return their copy of the purchase requisition to the
Purchasing Department so it can be attached to the incoming invoice
for payment.
b.
A more full and detailed explanation is provided for in the booklet
provided by the New Jersey Department of Community Affairs, Division
of Local Government Services, Bureau of Local Management Services,
entitled "A Sample Purchase Order/Voucher Procedure for an Encumbrance
System." This booklet is located in the Borough Clerk's office.
c.
In the case of an emergency, the preparation and release of a purchase
order is the sole and exclusive duty of the purchasing agent.
d.
In the case of an emergency, the current Municipal Emergency Purchase
procedure currently in effect shall followed.
e.
Purchases under "State Contract." When a vendor has a State Contract
it means they are a legitimate company offering goods and services—not
necessarily the lowest price. It is always in the best interests of
the municipality to solicit other quotes and prices before a purchase
order is issued.
Companies who have a State Contract are to be used as a "starting
point" from where to get information on materials/services and prices.
Municipalities are allowed to purchase under State Contract
legally without quotes and/or bids because at certain times, an order
needs to be expedited due to time constraints or emergency situations.
For the normal purchases, vendors under State Contract are to be used
as a reference point and not as a consistent matter of routine.
[1975 Code § 31-11; Ord. No. 012-80; New]
a.
New Jersey law requires that individual purchases or annual cumulative
purchases within a particular category of materials or services which
exceed the maximum set by State Statute are required to be advertised
for public bidding.
b.
A department with a category of purchases which is expected to be
above the maximum set by State Statute will so inform the Purchasing
Agent and assist in the preparation of specifications for bid, as
necessary. When a contract is awarded, the purchase order or direct
payment voucher method of purchase will be followed, as appropriate.
[1975 Code § 31-12]
The Purchasing Agent shall have the authority to join with other
units of government in cooperative purchase plans as stated in the
Revised Statutes of New Jersey when the best interests of the Borough
could be served.
[1975 Code § 40-2; Ord. No. 017-88]
No license or permit shall be issued by the Borough in relation
to a use at or on a particular piece of property until such time as
the Borough Clerk certifies that all real estate taxes and water and
sewer payments are current and up-to-date.
[Ord. No. 12-98 § 1]
Taxes shall be due on February 1, May 1, October 1 and November
1 of each year. In the event taxes are received after the tenth day
of the month in which the taxes are due, then the Municipality shall
charge an interest rate of 8% per annum, retroactive to the first
of the month in which said taxes are due. In the event the delinquent
taxes exceed $1,500, then there shall be an interest rate of 18% per
annum charged after the tenth of the month, which shall be retroactive
to the first of the month. No discount will be allowed if paid in
advance.
[Ord. No. 9-94 § 26-1]
It is the intent and purpose of this section to provide for
the defense of actions against, and the indemnification of, public
employees as permitted by N.J.S.A. 59:10-1 et seq.
[Ord. No. 9-94 § 26-2]
As used in this section:
Shall mean any officer, employee or servant, whether or not
compensated or part-time, who is authorized to perform any act or
service.
Shall mean any employee or former employee of the Borough.
[Ord. No. 9-94 § 26-3]
The Borough shall provide for the defense of any action brought
against an employee or public employee on account of any act or omission
in the scope of his employment, and this obligation shall extend to
any cross action, counterclaim or cross complaint against such employee.
[Ord. No. 9-94 § 26-4]
The provisions of subsection 2-77.3 shall not be applicable when the Borough Council determines that:
a.
The act or omission was not within the scope of employment;
b.
The act or failure to act was because of actual fraud, willful misconduct
or actual malice;
c.
The defense of the action or proceeding would create a conflict of
interest between the Borough and the public employee or employee;
d.
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;
e.
The employee or public employee failed to deliver to the Borough
Clerk, within 10 calendar days after the time he is served with any
summons, complaint, process, notice, demand or pleading, the original
or a copy of the same; or
f.
The employee or public employee has failed to cooperate fully with
the defense.
[Ord. No. 9-94 § 26-5]
The Borough may provide any defense required of it under this
section through an attorney from its own staff or by employing other
counsel.
[Ord. No. 9-94 § 26-6]
Whenever the Borough provides any defense required of it under
this section, the Borough, through counsel, may assume exclusive control
over the representation of the public employee, and such employee
shall cooperate fully with the defense.
[Ord. No. 9-94 § 26-7]
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
employee for:
1.
Any bona fide settlement agreements entered into by the employee.
2.
Any judgments entered against the employee.
3.
Any exemplary or punitive damages resulting from the employee's civil
violation of State or Federal law if, in the opinion of the Borough
Council, the acts committed by the employee upon which the damages
are based did not constitute actual fraud, actual malice, willful
misconduct or an intentional wrong.
4.
If the Borough has failed to provide such required defense, all costs
of defining the action, including reasonable counsel fees and expenses,
together with costs of any appeal.
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, the Borough shall provide indemnification
as aforesaid, but only to the extent not covered by insurance.
c.
Nothing in this section shall authorize the Borough to pay for punitive
or exemplary damages or damages resulting from the commission of a
crime, except as set forth in paragraph a., 3 above.
[Ord. No. 01-2002]
a.
Policy Created. The Borough of Allentown hereby creates a public
records policy governing public records created and governed by:
b.
Request for Records.
1.
All requests for records shall be made through the Borough Clerk's
office on a form approved by the Borough. [1]No request for records shall be honored without a properly
filled out form, except for document requests by the Mayor and/or
Borough Council, the Borough Attorney or other Borough Special Counsel,
and tax record cards of the Tax Assessor, requested by taxpayers,
pursuant to pending Monmouth County Board of Taxation or New Jersey
State Court appeals.
[1]
Editor's Note: The form referred to herein is included as an attachment to this chapter.
2.
All requests for public records directed to Department Heads or other
Borough officials/employees shall be directed to the Borough Clerk's
office, which will serve as the depository of such requests and the
dissemination of said forms to obtain public records not within the
Clerk's control or possession.
3.
Upon receipt of a request for records, if said records are public,
the Borough will endeavor to honor such requests within seven working
days of the receipt of said request. Working days are defined as Monday
through Friday, excluding holidays. However, there will be times when,
due to the nature or extent of the request or unavailability of manpower,
the Borough will be unable to honor the request within seven working
days. If so, the Borough shall attempt to complete such request as
soon as possible. The Borough will ordinarily provide immediate access
for budgets, bills, vouchers, contracts, including collective negotiation
agreements and individual employment contracts and public employee
salary and overtime information.
4.
All persons requesting records will be advised that the public business
of the Borough will take precedence over a record request, especially
when a request is a broad or far reaching information request.
5.
All requests for records shall be as specific as possible to the
Borough.
6.
All requests for records shall, except for requests by Borough employees/officials
and nonprofit organizations, be subject to the maximum costs set forth
in the New Jersey Open Public Records Law.
7.
Records are presumed to be public unless falling under one of the
following categories in which case they shall not be made available
to the public:
(a)
Records of a personal nature regarding Borough officials, employees
and/or other applicable individuals;
(b)
Medical records;
(c)
All records exempted by state and/or federal statutes, rules and/or
regulations;
(d)
All records exempted by presidential and/or gubernatorial executive
order;
(e)
All records which are listed as exceptions pursuant to the New Jersey
Open Public Records Law;
(f)
Confidential police investigations reports;
(g)
Work products or notes of Borough officials/employees;
(h)
Council closed session minutes involving personnel matters. Council
open session minutes shall not be considered public records until
such time as they are approved by the Borough Council. Council closed
session minutes shall not be considered public records until such
time as they are approved by the Borough Council and the matter in
question has been concluded pursuant to the provisions of N.J.S.A.
10:4-6 et seq. A report prepared for review by the Mayor and Borough
Council shall not be deemed a public record until at least seven calendar
days after disbursement of the report by the Borough Clerk to the
Mayor and Council or the next Council meeting, whichever is later.
8.
Not all requests for records do, in fact, lead to the copying, review
and/or release of such records. A record may be a public record under
common law, but may not be a public record under the New Jersey Open
Public Records Law. Or it may be or may not be a public record under
any other legal statute, rule, regulation, and/or court decision.
The Borough Clerk shall seek the opinion of the Borough Attorney as
to whether or not a record is public, if there is any question as
to its release. The Borough Clerk's actions on this type of matter
shall be guided by such legal opinion.
|
Editor's note: This form and the Public Records Request Response
are include as attachments to this chapter.
|
[Added 12-10-2019 by Ord. No. 27-2019]
Given its small size and limited staff, the Borough of Allentown
relies largely upon its boards, committees, and commissions to investigate
public matters, formulate policy, undertake public projects, and otherwise
conduct the business of the Borough. The Borough finds that the regular
attendance of members at meetings of the Borough’s boards, committees,
and commissions is vital to the proper operation of the Borough, and
thus hereby establishes minimum attendance requirements for members
of the Borough’s boards, committees, and commissions.
a.
Unless
excused by the board, committee, or commission of which they are a
member, a member of any board, committee, or commission who is absent
from four or more scheduled meetings of said board, committee, or
commission during a calendar year may be removed by the authority
appointing the member under this Code, provided that said member receives
written notice of the appointing authority’s intention to remove
said member from a particular board, committee, or commission, and
said member is given an opportunity to be heard by the appointing
authority prior to removal.
b.
The written
notice informing the member of the appointing authority’s intention
to remove him or her from a board, committee, or commission shall
be given by the appointing authority within sixty days of said member’s
last absence triggering potential removal under this section.
c.
No member
of a board, committee, or commission shall be removed by an appointing
authority until the expiration of thirty days from the date of the
appointing authority’s written notice, or the member is given
an opportunity to be heard by the appointing authority, whichever
occurs first.
