[1983 Code § 13-1; amended 5-10-2023 by Ord. No. 23-16]
All meetings of the Borough Council, Borough Planning Board,
Borough Zoning Board of Adjustment and the Pompton Lakes Redevelopment
Agency that are subject to the Open Public Meetings Act (N.J.S.A.
10:4-6, et seq.) and held in the Borough Council Chambers located
at 25 Lenox Avenue, Pompton Lakes New Jersey, shall be recorded and
available for later review on demand via video link on the Borough’s
web site and to the extent fiscally responsible and subject to all
applicable public procurement laws, they shall also be broadcast live
and replayed on the Borough’s local cable public access channel,
to the extent one exists. If any of the above referenced agencies
hold an official meeting outside the Borough Council, a good faith
effort shall be made to have those meetings recorded for later broadcast.
A.
All video
recordings shall be preserved in accordance with the Open Public Meetings
Act (N.J.S.A. 10:4-6, et seq.).
[1983 Code § 13-1; amended 5-10-2023 by Ord. No. 23-16]
Members of the general public have the right to video record
portions or all of an open public meeting of the governing body, municipal
boards, commissions or municipal instrumentalities, excluding closed
or executive session discussions, subject to the further provisions
of this section.
[Ord. No. 2016-27; 1983 Code § 13-2; amended 5-10-2023 by Ord. No. 23-16]
Any member of the public (a "citizen") who wishes to video record
portions or all of the public meeting must do so in accordance with
the following guidelines:
A.
The citizen must provide the Borough Administrator or Municipal Clerk
or the presiding member of the meeting to be recorded with verbal
notice at least 10 minutes prior to the public meeting of the intention
to exercise the right to video record the meeting or portions of the
meeting.
B.
The citizen must have completed setup of the video recorder and any
related equipment by not less than five minutes prior to the official
start time of the public meeting. As to the location of the video
recorder and equipment, they may only be set up by the citizen as
specifically identified to the citizen by the Administrator, Municipal
Clerk, Mayor or presiding Councilperson in the absence of the Mayor,
or the individual presiding at the public meeting.
C.
The video recorder and any associated equipment utilized by the citizen
must be compact, quiet, and generally unobtrusive. No more than one
video recorder, and no added lighting [unless authorized by the Administrator,
Municipal Clerk, Mayor or presiding Councilperson in the absence of
the Mayor or the individual presiding at the public meeting], may
be used by any citizen.
D.
If the video recorder or associated equipment requires connection
to electricity, the connection to electricity may be made only by
a standard plug which can easily and properly connect to the nearest
authorized electricity socket. Any wires will be secured with removable
tape or covered by a mat so as not to impose a safety hazard.
E.
The citizen may not disrupt the public meeting with the recording
equipment or the use of same. The citizen may not set up or use the
video recorder or equipment in such a way as to block or obstruct
the view of other members of the public of the proceedings. The video
recording by the citizen may only be done in a manner that does not
violate the ordinances of the Borough or the provisions of the Administrative
Code relating to the conduct of the public meeting, and must be generally
orderly and unobtrusive. The citizen may not continually exit and
reenter the meeting room, or continuously move around within the meeting
room, during the public meeting. The citizen must remain with the
video recorder and equipment at all times, except for any period of
time during which the citizen is making a comment in his or her turn
during any public comment portion of the public meeting. The citizen
may not "narrate" the proceeding, or speak into any video recorder
or microphone while the meeting is in progress. The citizen may not
engage in any verbal conversation, discourse or comment whatsoever,
unless the citizen is making a formal comment during his turn in any
public comment portion of the public meeting.
F.
If the citizen chooses to cease video recording at any time during
the public meeting, he may do so; provided that the citizen may not
commence removal (except for a hand-held video recorder) or begin
to disassemble any video recorder or associated equipment until there
is a break of at least five minutes of the public meeting or until
the public meeting has concluded or unless specifically authorized
by the Administrator, Municipal Clerk, Mayor or presiding Councilperson
in the absence of the Mayor, or the individual presiding at the public
meeting.
G.
No citizen may video record an interview of any person inside of
the Council Chambers or meeting room during the conduct of a public
meeting without the authorization of the presiding member of the meeting.
[1983 Code § 13-3; Ord. No. 2016-27; amended 5-10-2023 by Ord. No. 23-16]
The Mayor and Council or the presiding member of the meeting
to be recorded may reasonably limit the number of video recordings
being conducted at any public meeting in order to protect the public
health, safety and welfare and to assure the efficient conduct of
the meeting for the benefit of the public. At no time shall the limit
be reduced to zero.
[1983 Code § 13-4; Ord. No. 201-27; amended 5-10-2023 by Ord. No. 23-16]
Enforcement of the provisions of this section during any public
meeting shall be at the direction of the individual presiding at the
public meeting.
[1983 Code § 10-1]
As used in this section, the following terms shall have the
meanings indicated:
Valid claims against the Borough or debts to be paid out
of public funds of the Borough, but shall not include claims for:
Claims based on contracts awarded in the manner provided
for by law, including claims based on written contracts for capital
improvements authorized by ordinance.
The regular and duly authorized monthly or semimonthly payrolls
of the Police Department, Borough officials and employees of all departments,
boards and divisions under the jurisdiction of the Borough.
[1983 Code § 10-2]
No claims against the Borough or debts of the Borough or claims
based on written contracts authorized by ordinance shall be paid unless
and until the following prerequisites are met:
A.
The person claiming moneys from the Borough shall first present a
detailed voucher of items or demand, on forms supplied by the Borough
specifying particularly how the claim or demand is made up, with the
certification of the party claiming payment that the same is correct.
B.
The voucher carries a certification of an officer or duly designated
employee having knowledge of the facts that the goods have been received
or the services rendered.
C.
Public funds necessary to pay the same are provided and available
therefor in the manner required by law.
[1983 Code § 10-3]
All claims against or debts of the Borough shall be processed
for payment as follows:
A.
The heads of the departments, boards, bodies or officers charged
with inspecting, accepting and receiving the materials, supplies,
equipment or services for which payment is claimed shall first approve
the claim.
B.
After such approval, the claim shall be presented to the Borough
Treasurer for his approval as to the account, ordinance or fund to
be charged with the expenditure.
C.
Thereafter, the claim shall be referred to the members of the Finance
Committee of the Mayor and Council for their action thereon. The members
shall, within five days after presentation thereof, either approve
or disapprove each claim and deliver it to the Mayor and Borough Council
for its action. If the members of the Finance Committee disapprove
any claim, they shall state their reasons therefor in writing.
[1983 Code § 10-4]
A.
Claims forwarded to the Mayor and Borough Council with the disapproval of the Finance Committee as provided in Subsection 2-72.3C shall be acted upon by the Borough Council separately and, if approved, shall be paid.
B.
Claims forwarded to the Mayor and Borough Council with the approval of the Finance Committee of the Mayor and Council and as provided in Subsection 2-72.3C shall, whenever practicable, be acted upon by the Mayor and Council in one resolution setting forth, as to each claim, the name of the claimant; the date, purpose and amount of the claim; and the account, ordinance or fund to be charged with the expenditure. Thereafter, checks shall be issued to the claimants listed in the resolution approving the claims, and the checks shall be signed by the Mayor, Municipal Clerk and Borough Treasurer in the amounts of the respective claims.
[Amended 2-23-1977 by Ord. No. 77-3; 1983 Code § 10-5]
Social security, petty cash, Public Employees' Retirement System of New Jersey, payroll, election and Emergency Employment Act claims shall be paid in the same manner as provided in Subsection 2-72.4, except that checks for payment of these claims shall be signed by the Treasurer only.
[1983 Code § 10-6]
[1983 Code § 10-7]
Claims based on written contracts authorized by ordinance shall be acted upon and paid in the same manner as provided in Subsections 2-72.2, 2-72.3 and 2-72.4, except that all such claims shall, where practicable, be included in one resolution; provided, however, that wherever the work, materials, equipment, supplies or services represented by such claim shall require formal acceptance by action of the Borough Council, such claims shall be approved separately.
[1983 Code § 10-8]
Claims against the Borough for payment of County, state and
school taxes or principal and interest on bonds and notes of the Borough
shall be acted upon and paid in the manner provided in this section,
except where the same may be inconsistent with any statutes of New
Jersey or valid rules of any agencies thereof.
[1983 Code § 10-9]
In order to carry out the terms of this section, matters not
herein determined may be acted upon by resolution of the Borough Council
in the manner provided by law.
[1983 Code § 42-1; Policy adopted by Ord. No. 02-12]
The document entitled "Borough of Pompton Lakes, New Jersey,
Open Public Records Act Policy and Procedures," is hereby adopted
by the Borough of Pompton Lakes and can be found on file in the Office
of the Municipal Clerk.
[1983 Code § 45-26]
Pursuant to the terms and provisions of this section, the Borough
may use the services of a third-party payer for payroll and payroll
tax payment purposes to prepare the necessary documentation and execute
disbursements from the Borough-authorized banking institutions on
behalf of the Borough.
[1983 Code § 45-27; Ord. No. 11-03]
Such third party providers may use electronic means for such
disbursements. In addition, the third party providers may perform
tasks, including but not limited to, data collection, agency report
preparation, calculation of withholding or direct deposit of payroll
disbursements. Such third party payers, third party disbursement organizations,
may transfer Borough funds to third party payer bank accounts for
subsequent payment to the appropriate payee subject to the further
provisions of this section.
[1983 Code § 45-28]
The Chief Financial Officer of the Borough shall be the approval
officer and shall be responsible for authorizing and supervising the
activities of the disbursing organizations.
A.
In addition to such other statutory responsibilities of the approval
officer, the approval officer shall reconcile and analyze all general
ledger accounts affected by the activities of the disbursing organizations.
[1983 Code § 45-29]
The disbursing organization shall notify the Borough in the
event the disbursing organization detects irregularities that may
indicate potential fraud, noncompliance of appropriate law, dishonesty
or gross incompetence on the part of the approval officer or if the
disbursing organization experiences circumstances that could jeopardize
its ability to continue operations or otherwise interrupt services
provided to the Borough.
[1983 Code § 45-30]
It shall be the responsibility of the Chief Financial Officer
to approve the use of third-party disbursement organizations, and
the CFO shall qualify the organization in accordance with the provisions
set forth hereafter.
A.
Prior to the execution of a contract for the provision of third-party
disbursement services, the CFO shall review and approve the contract
in accordance with the provisions set forth hereafter.
B.
Prior to the extension or renewal of any contract, the CFO shall
complete a review of the services rendered under the contract in accordance
with the provisions set forth hereafter.
[1983 Code § 45-31]
Prior to approval, the third-party disbursement organization
shall meet the following conditions and requirements:
A.
The disbursing organization shall provide evidence of satisfactory
internal control as may be required by the Borough CFO. Such evidence
may include the following:
1.
Reports on policies and procedures placed in operation and tests
of operating effectiveness, performed pursuant to AICPA Statement
on Auditing Standards No. 70;
2.
A completed SysTrust™ examination
with an unqualified report on availability, security, integrity and
maintainability, completed in accordance with AICPA/CICA SysTrust™ Principles and Criteria for Systems Reliability;
or
3.
Evidence of compliance with a mutually agreed external standard for
determination of the sufficiency of a system of internal controls
that supports the work to be performed in accordance with the policies
established by the Borough.
B.
All disbursing organizations shall have offices within a distance
acceptable to the CFO such that the physical delivery and receipt
of documents and records can occur in a manner that assures the delivery
of paychecks on regularly scheduled paydays.
[1983 Code § 45-32; Ord. No. 11-03]
No third-party disbursement organization shall perform services
for the Borough unless the Borough enters into a written agreement
for such services with the organization on the terms and conditions
set forth hereafter.
A.
All contracts between the Borough and third-party disbursement organizations
shall provide as follows:
1.
Adequate provisions to indemnify the Borough against losses incurred
as a result of actions or inactions by the organization, its agents,
employees and officers. In the event the servicer has access to local
unit funds, such provisions shall include that the disbursing organization
shall provide adequate insurance, with the Borough named as an additional
insured, to cover possible losses equal to or greater than the highest
level of exposure in a thirty-day period which shall be not less than
net payroll and all taxes due and owing to governmental entities;
and
2.
Requirements that the disbursing organization be responsible for
errors and omissions of its agents, employees and officers, particularly
where such errors and omissions prevent the timely disbursement of
payments on behalf of the Borough and include penalties, fines, interest
or damages.
3.
In such cases as the disbursing organization takes possession of
local unit funds, the disbursing organization shall provide adequate
insurance to cover such losses as may arise as a result of errors,
omissions, failure to perform or dishonesty in amounts at least equal
to the highest level of exposure to the local unit for 30 days. Such
exposure as regards cash shall be based on at least the amount of
money accessible by the disbursing organization during said thirty-day
period and shall not include moneys that the disbursing organization
cannot convert to its own benefit.
B.
All disbursing organizations shall have a written complaint procedure
which requires, at a minimum, that all complaints be maintained in
a complaint log which shall be available to the Borough for inspection
at the request of the Borough.
C.
On reasonable notice, the disbursing organization shall permit an
independent audit at the cost of the Borough to examine its internal
controls applying SAS 70 standards, SysTrust™ standards and other standards and procedures which may be mutually
agreed to assure accurate, complete and timely work product. Such
independent audits shall be provided to the CFO and the governing
body and shall be for Borough internal use only.
D.
All disputes between the parties, whether concerning the contract
or the operations performed under the contract, shall be in writing
and forwarded to the other party by registered mail.
1.
The contract shall provide for dispute resolution between the parties.
2.
The contract shall provide for service of process to the disbursing
organization in New Jersey.
3.
The contract shall provide for review and enforcement by a court
of competent jurisdiction of the State of New Jersey applying New
Jersey law.
E.
Within five days of each disbursement on behalf of the Borough, the
disbursing organization shall provide the CFO with reports and documentation
supporting the disbursements. The disbursing organization shall provide
such information as may from time to time be required by the Borough
to enable it to reconcile its books and records.
F.
All corrections and adjustments must be completed and provided to
the Borough promptly. All adjustments and reports of adjustments resulting
in disbursements must be reported as in above.
G.
Copies of notices, memoranda, complaints or other correspondence
shall be forwarded to the Borough within 48 hours of receipt.
H.
Contracts for third-party disbursement services are not data processing
service contracts under N.J.S.A. 40A:11-15(5).
I.
The contract shall provide for termination of the contract, including,
but not limited to, a provision for termination for failure to perform
on the part of the disbursement organization.
J.
The contract shall be in writing and executed by all parties, including
intermediaries, such as banks providing payroll services as part of
a compensating balance agreement.
K.
The contract shall provide that no disbursement shall be made unless
the demand for payment complies with the provisions of N.J.S.A. 40A:5-16
and this section.
[Ord. No. 2014-20]
All full time employees and elected public officials who receive compensation from the Borough of Pompton Lakes are mandated to have direct deposit of their compensation as of July 2, 2014 in accordance with Chapter 28 P.L. 2013, as defined under C.52:14-15f(b).
[Ord. No. 2014-20]
Seasonal and temporary employees who are employed by the Borough
of Pompton Lakes are exempt from the direct deposit mandate.
[Ord. No. 2014-20]
Municipal employees may request, in writing, an exemption from
the direct deposit mandate to the Borough Administrator. Such requests
will be presented to the Borough Council within 30 days. The Borough
Council may grant such an exemption by resolution and only for a good
cause.
[Ord. No. 2016-31]
No department, committee, commission or any other entity the
existence of which is authorized by the Borough of Pompton Lakes may
create and/or maintain a social media site (i.e. Facebook, LinkedIn®, Twitter, Blogs, Instagram, etc.) on behalf of
said entity without the express, written authorization and consent
of the Borough through the Administrator or designee.
[Ord. No. 2016-31]
A.
After authorization of a social media site, the site shall not use
any Borough identifier, such as the Borough seal or logo, without
the additional written authorization of the Borough Administrator
or designee.
B.
The site or blog shall conspicuously set forth a disclaimer that the views expressed on the site or blog reflect the views, opinions, and public statements of the department, agency, board or committee on whose behalf the site or blog is operated, and do not represent the views of the Borough. Any individual acting as author, administrator, or operator of a site or blog on behalf of a Borough department, agency, board, committee or other sanctioned Borough entity, shall use such site or blog only to present the views and opinions of the entity on whose behalf he or she is operating. Additionally, all social media sites shall provide reference via a hyperlink to the Pompton Lakes Social Media Commenting Policy, provided as Attachment A, which shall be posted on the Borough website and may be found attached to this chapter.
C.
Borough employees, officials, consultants, contractors, vendors or
professionals shall not be referenced or quoted without the express
consent in writing from any such individual, unless such references
or quotes are public record.
D.
Borough residents shall not be referenced or quoted without their
express written consent, unless such references or quotes are public
record.
E.
Any department, committee, commission or any other entity the existence
of which is authorized by the Borough of Pompton Lakes who creates/and/or
maintains a site shall provide the name(s) and contact information
of individuals with the authorization to manage the site to the Administrator.
Management of the site shall include the individual's ability to administer,
edit, or moderate the site. Any changes in the form of additions,
subtractions, or changes in management role of the site shall be provided
to the Administrator or designee.
[Ord. No. 2016-31]
A.
The information set forth on approved social media sites and blogs
is subject, in most cases, to the provisions of the Open Public Records
Act. As such, the entity operating the site must comply with the Act
and provide to the Clerk of the Borough such information as may be
requested by the Clerk to answer inquiries under the Act.
B.
Information published on any site or blog shall comply with all Borough
rules and regulations and State law relating to confidentiality and
disclosure of proprietary information.
[Ord. No. 2016-31]
A.
Sites or blogs which are being operated by Borough employees shall
be operated in such a manner that the operation does not interfere
with the work commitments, priorities and responsibilities of the
employee. No employee shall operate such site or blog during working
hours without the permission of the Borough Administrator or designee.
B.
The author or operator of any authorized site or blog shall, at all
times, be respectful of Borough employees, officials, consultants,
contractors, vendors, professionals and residents of the Borough.
C.
The author or operator of any authorized site or blog shall not use
any image, post or comment without authorization the source of same.
D.
The author or operator of any authorized site may be liable for the
content of the site or blog and may be subject to lawsuits in a Court
of competent jurisdiction or other actions by persons or organizations
aggrieved by the acts of the author or operator.
E.
Employees authoring or operating authorized sites or blogs are subject
to disciplinary action by the Borough for violation of this policy
or the laws, rules or regulations of the Borough or the State or Federal
Government.
F.
The author or operator of an approved site shall comply with all
copyright or similar laws and regulations and with the terms of service
of the social media site.
