10/1/07; 9/15/10
Among the options available for the organization of municipal
finance activities is a centralized or decentralized format. The finance
function is centralized when one department is responsible for all
major financial functions including, but not limited to, tax assessment,
tax collection, accounting, budgeting, purchasing, and treasury management.
In most cases, the head of such a department, typically the Chief
Financial Officer, reports directly to the Mayor, Manager, or Administrator.
It is generally agreed that a centralized finance department provides
for better coordination of financial activities and simplified financial
procedures. A centralized finance department is particularly necessary
in larger municipalities.
A decentralized municipal finance activity exists when the fiscal
responsibilities are shared by a number of departments or officials.
For example, the Tax Collector may be fully responsible for his or
her office while reporting directly to the Mayor, Manager or Business
Administrator or other chief administrative officer (C.A.O.). The
same would hold true for the Treasurer, who may or may not be the
Chief Financial Officer.
Each municipality is required to have a C. F. O. and that individual
may not be a member of the Governing Body.
Regardless of the type of local finance organization, it must
be understood that finance is a staff activity.
The Finance Officer continually advises the Mayor, Governing Body,
Manager, Administrator, and departments on financial matters. He or
she plays an important role in helping to define a community's fiscal
policy and in providing services to operating departments.
A. MUNICIPAL CHIEF FINANCIAL OFFICER 10/1/11
Generally, the Chief Financial Officer (C.F.O.) is the Director
of Finance, Municipal Comptroller or Treasurer who is not a member of the municipal Governing Body. A designation of Certified
Municipal Finance Officer (C.M.F.O.) is required for permanent appointment.
Reference should be made to N.J.S.A. 40A:9-140.1 and 40A:9-140.2.
The C.F.O. is responsible for the preparation of the Annual
Financial Statement, Annual Debt Statement and Balance Sheet. The
C.F.O. is also responsible for all general financial matters such
as budget execution, bond issuance, investments, and revenue analysis.
The person holding this position also prepares the official municipal
budget based on spending decisions made by the Business Administrator,
Manager, Mayor, and ultimately the Governing Body. The position of
Comptroller is used to denote the C.F.O. in the town form of government
(and in some cities). The functions are similar to the C.F.O. in other
forms of government, including budget control and all other general
fiscal functions.
Although the C.F.O. may continue, in many municipalities, to
have the title of Treasurer, their responsibilities include such differing
activities as capital budgeting, inventory control, and salary and
benefit costing for collective bargaining negotiations. The C.F.O.
may also assist the Administrator of Manager in streamlining procedures
and making departmental operations more efficient.
B. MUNICIPAL TAX COLLECTOR [N.J.S.A. 40A:9-142] 10/1/07
The Tax Collector is appointed by the Municipal Governing Body
for a four (4) year term beginning January 1st. Subsequent appointments
are made by the Governing Body or Chief Executive as appropriate to
the form of government. The office of the Municipal Tax Collector
and Chief Financial Officer or Municipal Clerk may be held by the
same person. However, no member of the municipal Governing Body may
hold any of these positions.
The primary responsibilities of a Municipal Tax Collector include:
1. Receive and collect all moneys assessed or raised by taxation or
assessment for any purpose;
2. Tax Collector must prepare monthly reports to the Governing Body
on all receipts, deposits, and cash on hand belonging to the municipality.
10/1/07
C. MUNICIPAL TAX ASSESSOR [N.J.S.A. 40A:9-148] 10/1/07
Each county has a Board of Taxation, which directly supervises,
on behalf of the Division of Taxation, the local Tax Assessor and
the assessing process. The County Board of Taxation has the responsibility,
pursuant to N.J.S.A. 54:3-13, to assure the value of all taxable property
bears its "full, equal and joint share of taxes."
The primary functions of the Municipal Tax Assessor include:
1. Ascertaining the names of the owners of all real property situated
in the Assessor's taxing district.
2. After examination and inquiry, determining the full and fair value
of each parcel of real property at such price as, in the assessor's
judgment, it would sell at a fair and bona fide sale by private contract,
on October 1 next preceding the date on which the assessment was completed.
9/15/10
To ensure compliance with the Local Budget Law (N.J.S.A. 40A:4-1
et. seq.) the Division of Local Government Services issues a budget
manual which serves as a guide for municipal officials in preparing
their budgets. The manual contains the budget calendar, information
on appropriations and revenues, and instructions pertaining to other
aspects of the budget.
In addition to the budget manual, the DLGS also annually issues
uniform budget forms which prescribe the format of annual appropriations
and accounts for all municipalities, counties, and local public authorities.
10/1/07; 9/15/10
Every organization, whether a profit-making business or a government
agency, must have an adequate accounting system for recording financial
transactions. The purpose of an accounting system is to record all
financial transactions including income, expenses and the status of
assets, liabilities, and equity, or in the case of municipalities
- Fund balance. These accounts must be self-balancing, that is assets
must equal liabilities together with fund balance. 10/1/07
Prior to examining the specific nature of municipal accounting
it is important to consider that two related financial systems play
an important role in the efficiency and accuracy of municipal accounting
systems. The first is the budgeting system which records expenditure
of funds against legally made appropriations. The second is the accounts
receivable system where money owed the municipality by taxpayers,
state agencies, and municipal departmental agencies, among others,
is recorded. The most important aspect of the accounts receivable
system is the property tax collection system. The tax collection system
is responsible for the billing and receiving of property taxes. The
two systems are critical for keeping track of the expenditure and
receipt of funds and are the basis for the "original books of entry"
used to collate transactions into the accounting system.
The New Jersey Division of Local Government Services - Department
of Community Affairs together with the Local Finance Board establishes
accounting principles and practices, to be followed by New Jersey
municipalities with N.J.S.A. 40A:2,4,5, and 11 as the statutory foundation.
A. FUND STRUCTURE 10/1/07
The fund structure is a set of self-balancing accounts that
provides for the separate reporting of income and expenditures by
type of function or operation of the organization. The following is
a description of the funds used by New Jersey municipalities:
1. Current Fund - This is the general fund of
a municipality for the current year. Included as income are property
tax collections and anticipated revenues.
2. General Capital Fund - All "general" capital
improvements, equipment acquisition (only bondable items), and facility
acquisition or major facility improvements not attributed to the Current
or Utility Funds are recorded in the general capital funds. Income
received to support general capital spending is derived from either
budgetary appropriations or duly and legally approved bond ordinances.
3. Trust Fund(s) - Records specific receipts
that may be used solely for the purpose for which they are intended.
An example would be the "dog license" trust fund that allows for the
receipt and disbursement of dog license revenues.
4. Dedication of Revenues by Rider - Dedication
by Rider resolution adopted pursuant to N.J.S.A. 40A:4-39 is a request
to the Director to approve in the budget of a local unit dedicated
revenues anticipated to be received during the fiscal year, which
are not subject to a reasonably accurate estimate in advance. Upon
approval, the Rider by title is annexed to the operating budget of
the current year and subsequent year, as riders are deemed to have
an indefinite life to continue their function until rescinded by any
respective governing body. Thus, a non-lapsing revolving fund must
be set up, in a separate Trust Fund to accomplish the purposes of
the dedicated revenue provided that cash is on hand for the expenditure
to be made. There must be statutory or regulatory law authorizing
the purpose of a dedicated by Rider Trust Fund. 10/31/04
5. Utility Operating and Capital Funds - These
funds account for the operation and acquisition of capital facilities
of municipal owned and operated utilities. The most common types of
utilities are water, sewer and swimming pool utilities, although utilities
may also be established for other purposes. Income is derived from
user fees based upon consumption or other reliable measurement of
utility use by customers. Expenditures are recorded against budget
appropriations. Utility capital acquisition is recorded as part of
the utility capital fund.
B. BASIS OF ACCOUNTING 10/1/07
In general, current fund revenues are recorded on a "cash basis,"
that is in the year the cash is received. When revenue accounts receivable
are established they are offset by a "reserve for revenue accounts
receivable" and are realized in cash in the succeeding year(s) when
payment is made. However, utility funds utilize an accrual accounting
whereby interfund receivables are not offset by a reserve for receivables.
C. CHART OF ACCOUNTS 10/1/07
Every fund (current, utility, capital, etc.) must contain an
identification of all accounts and such accounts must be classified
according to assets, liabilities, reserves, and fund balance (surplus).
Each municipality must maintain a written chart of accounts that identifies
each account.
The DLGS promulgated a Flexible Chart of Accounts to provide
a standardized method of budget reporting which may ultimately lead
to a standardized method of reporting fund and trial balance account
information. In the future, the use of the FCOA will help facilitate
electronic filing of budgets and financial statements.
The Flexible Chart of Accounts (FCOA) recommended for use by
municipalities and counties in New Jersey is described in the FCOA
manual. A thirteen-digit account code is used to identify all accounts
included in the financial records of the locality. The account code
sequence of thirteen digits is used to identify the level of the financial
account as follows:
Digit
|
Level of Account
|
---|
XX
|
Fund (current, general capital, etc.)
|
XXX
|
General Ledger/Trial Balance Account (asset accounts, liability
accounts, fund balance, etc.)
|
XX
|
Appropriation/NJCAFR — General Ledger and Budget Category
(Budget Categories and Comprehensive Annual Financial Report account
categories such as anticipated revenue)
|
XXX
|
Subsidiary Accounts for Revenue and Appropriation/Expenditure
Reporting (miscellaneous revenues, budget expenditures including department
appropriation, trust fund reserve accounts, etc.)
|
XXX
|
Detail Line Items (salaries and wages and other expenses budget
categories). Due to the diverse needs of municipalities there will
be a need for some municipalities and counties to design their own
unique coding sequence. As such the accounts recommended in this manual
may be modified locally.
|
The difference between assets and liabilities (when
total liabilities includes the reserve for receivables) is fund balance.
This is commonly referred to as the accounting equation. Additionally,
fund balance is often referred to as surplus.
D. GENERAL FIXED ASSETS
There is also a "general fixed asset account group" which records
the value of fixed assets at original cost. Fixed assets are land,
buildings, vehicular equipment, and general equipment owned by the
municipality, except for utility owned assets. All fixed assets with
a cost in excess of five thousand dollars ($5,000) individually, must
be recorded in the fixed asset account group. The purpose of the account
group is to record the investment by a municipality in fixed assets.
Municipalities are initially required to perform an inventory
to account for the fixed assets. Thereafter the changes in fixed assets,
such as sales of equipment or acquisition of property must be recorded.
Additionally, a description of the asset including acquisition date,
cost, etc. should be recorded.
E. GENERAL LEDGER
The general ledger is the official financial permanent record
of the municipality that contains a summary of all financial transactions
as recorded on the original books of entry (i.e. budget, cash disbursements
register, cash receipts register, etc.). The general ledger contains
the funds, accounts and transactions in "double-entry" form; that
is utilizing the debit and credit system of accounting. Accordingly,
each fund included in the general ledger will be self-balancing and
will be used to prepare the annual financial statements, determine
the financial position of the municipality, and provide an audit trail
for testing compliance with laws and regulations.
F. FINANCIAL CONTROLS 10/1/07
Cash receipts should be recorded by date, category of revenue,
amount, and payee as well as other pertinent information. This type
of information is contained on the source documents, such as an invoice,
cash receipt forms, check stubs, etc.
9/15/10
Because of the importance of the municipal budget, every effort
should be made to provide for a systematic approach to budget preparation.
The following are some general guidelines which will assist municipal
officials in achieving such an approach.
A. It is suggested that a budget calendar, supplementing the one provided
by the DLGS be established. Such a calendar would set dates by which
local officials and other agencies are required to submit their budget
estimates. It is important that such deadlines be scheduled early
in the year, with department requests being submitted by November
15th, so that budget preparation can begin early. This will allow
adequate time for the preparation of budget requests and for effective
review. Dates should also be established for department hearings by
the Chief Administrative Officer or the Governing Body.
B. Standard budget forms should be prepared for use by the various departments
and agencies. These forms, accompanied by instructions, should be
made available to all officials responsible for preparing budget requests.
The forms will provide uniformity by which requests are presented
and will clearly pinpoint the type of information which should be
submitted. Provision should be made on the forms for the justification
of all budget requests. These forms will also provide the supplemental
budget detail that State regulation requires be made available to
interested citizens upon request.
1. Comparative fiscal data should be made available to the department.
This would include prior and current year expenditures and personnel
information such as the number of positions authorized and filled,
salary ranges, and job specifications. Information on the prices of
equipment and supplies and potential price increases or decreases
should also be made available.
2. Meetings should be held with the individual responsible for budget
preparation, in order to answer any questions regarding the use of
the forms and to discuss overall budget policy.
3. If possible, the Mayor, Administrator, or Manager should establish
guidelines regarding the budget policy to be established for the budget
year. Such guidelines should define any limitations on new and expanded
programs, the creation of new positions, or other budgetary restrictions.
They should set forth the policy on wage increases and employee benefits
and the financing of capital items.
4. Operating officials such as department heads and agency directors
should be instructed to identify work programs and to develop work
load data. Wherever possible, performance data should be supplied
to support budget requests. Services that are funded by the municipality
or county should be allocated resources on the basis of the scope
of activities. Realistic units of measurement should be developed
wherever possible.
5. Goals for services should be developed and stated in units of time
and accomplishment expedited by the Governing Body.
C. REVENUES
An essential part of municipal budget is the revenue section
which indicates the amount of revenues anticipated including property
tax collections for the budget year. The individual responsible for
preparing the municipal budget should carefully analyze all previous
year receipts. The annual financial statement contains information
on revenues, appropriations, surplus, tax collections, deferred charges,
capital improvement fund, and debt service as well as other pertinent
financial information.
In preparing the revenue section of the budget, it must be remembered
that municipal revenues may not normally be anticipated above the
amount collected the previous year for each type of revenue. The major
revenue items in the budget include:
- anticipated revenues; 10/1/07
|
- surplus;
|
- state aid; 10/1/07
|
- grants; 10/1/07
|
- miscellaneous revenues;
|
- delinquent taxes;
|
- and current taxes.
|
The amount of anticipated revenues is subtracted from
the amount of appropriations for the budget year with the difference
being the amount to be raised by taxation.
9/15/10
The Director of the Division of Local Government Services within
the Department of Community Affairs (hereafter referred to as "Director")
and the policy-making Local Finance Board possess very broad powers
over local government finance. The Local Budget Law [N.J.S.A. 40A:4-1
et seq.] deals with state regulation of local budget matters.
This chapter provides an overview of the fundamental regulations
pertaining to the budget process as it relates to the Municipal Clerk.
Working hand in hand with the Municipal Financial Officer, the Municipal
Clerk is responsible for the advertisement, execution and filing of
the budget resolution as well as any other resolutions and ordinances
amending the budget. Most of the documents submitted to the Division
by a municipality are required by statute to have the proper certification
of the Municipal Clerk in order to be considered legal.
The primary purpose of the official budget is to provide an
orderly system of financial control. It is the basis for limitations
and controls on local government financial operations. New Jersey
statutes mandate a "cash basis" budget; that is, every municipality
must budget sufficient income (revenue) to meet the total authorized
expenditures (appropriations).
Every public entity accounting system has as its foundation
the annual budget. As previously mentioned the budget system is an
integral part of the accounting system of a municipality and is used
to control and monitor expenditures made against duly and legally
made appropriations. Additionally, budget revenue sources must be
similarly controlled and monitored. 10/31/04
Although the main focus of budgeting is on setting appropriations,
there is the revenue aspect of the budget as well. Various revenues
(e.g. franchise and gross receipts taxes, construction fees and permits,
federal and state grants, etc.) are examined and estimated for the
ensuing budget. These revenues are used to support spending.
The difference between the total appropriations and revenues
represents the amount to be raised through taxation for municipal
purposes. Adoption of the budget constitutes the legal authorization
to levy taxes and to spend funds. These taxes shall be assessed and
levied by the municipality. The municipality collects taxes for the
school boards (local and regional), all county taxes, special districts,
as well as municipal taxes. 10/1/07
A. TEMPORARY BUDGET APPROPRIATIONS
1. ADOPTION OF TEMPORARY BUDGET - Since the official budget for the
fiscal year is not adopted prior to the beginning of the year, a temporary
budget must be adopted covering the first quarter of the fiscal year.
a. Provides for the period between the beginning of the fiscal year
and the adoption of the budget. Municipalities cannot make any commitments
or payments prior to the adoption of a temporary budget.
b. Adopted by resolution within the first thirty (30) days of the budget
year. It may be amended by resolution up to and including the 30th
day of the month.
c. Requires the affirmative vote of a majority of the full membership
of the Governing Body.
d. Shall not exceed twenty-six and twenty-five one hundredths percent
(26.25%) of the total appropriations made in the budget for the preceding
fiscal year (excluding certain exceptions). The Director may permit
additional temporary budget appropriations where budget dates are
extended.
2. EMERGENCY TEMPORARY APPROPRIATIONS [N.J.S.A. 40A:4-20] - In addition
to the ordinary temporary appropriations required for the day-to-day
operation, emergency temporary appropriations can be made, for lawful
purposes, for the period between the beginning of the budget year
and the date of the adoption of the budget (which may extend beyond
the first quarter of the fiscal year). The amount must be included
by amendment under the current fiscal year budget as finally adopted.
a. Resolution is adopted by a two-thirds (2/3rds) vote of the full membership
of the Governing Body and filed with the Director.
b. If adopted after the introduction and approval of the budget, it shall be included by amendment in the budget. See §
10-8 of this Chapter. 10/1/07
10/1/07; 9/15/10
The Official Budget document is provided by the Division of
Local Government Services. The document outlines the revenues and
appropriations for the municipality's fiscal year as approved by the
Governing Body.
Sheet 1 requires the Municipal Clerk, Chief Financial Officer
and Municipal Auditor to sign certifications that budget was approved
by resolution of the Governing Body, is an exact copy of the original
filed in the Municipal Clerk's Office, that all statements contained
in the budget document are proof and the total of anticipated revenues
equals to the total appropriations and the budget is in full compliance
with the Local Budget Law.
In addition, once the budget is adopted the Director of the
Division of Local Government Services certifies the adopted budget.
Sheet 2 is the Municipal Budget Notice. The Municipal Clerk
must insert the recorded vote of the introduction of the budget and
the adoption of the budget. In addition the municipal budget notice
includes the name of the paper and date the budget notice was published
in the official newspaper as well as the date and location of the
public hearing.
Sheet 3 and 3A is the Explanatory Statement. The budget must
contain an explanatory statement and consist of a tabulation of all
anticipated revenues and appropriations to be made. The total of anticipated
revenues must equal the total of appropriations (known as a "balanced
budget"). A mandatory minimum budget message must include a summary of how the CAP was calculated and a summary, by
function, of the appropriations that are spread among more than one
(1) official line item. 10/31/04
Sheet 4 through Sheet 11 list the anticipated revenues.
Sheet 12 through 30 list the appropriations. Certain appropriations
are within the CAP and others are excluded from the CAP. The appropriations
will show each individual departments Salary and Wages appropriation
and total other expenses.
12/01; 10/1/07; 9/15/10
A. CALENDAR FISCAL YEAR (CY) - January 1 through December 31. Municipalities
with a population of less than 35,000 generally follow this calendar.
10/31/04
B. STATE FISCAL YEAR (SFY or FY) - July 1 through June 30 10/31/04
1. Municipalities with a population of over 35,000; or
2. Any municipality which, by ordinance, adopts a state fiscal year.
3. Any municipality may apply to the Local Finance Board for approval
to convert to the State fiscal year, and the Board shall approve the
conversion if it finds it is in the interest of the taxpayers of the
municipality to change. Any municipality whose fiscal year is changed
pursuant to this section shall prepare a transition budget to cover
the period between January 1 and June 30 prior to the beginning of
its first State fiscal year. A municipality may also apply to the
Local Finance Board to revert back to a calendar year from a State
fiscal year. In this case, they would do a transition Budget from
July through December. 10/31/04; 10/31/05; 10/1/11
Note: The original statute creating the State Fiscal Year Budget
Calendar for municipalities required that all municipalities with
a population in excess of 35,000 adopt the State Fiscal Year Calendar.
Later amendments permit any municipality to adopt the State Fiscal
Year Calendar or to revert to the Calendar Year Budget Calendar. 9/15/14
10/1/07; 9/15/10
A. In 2018
the State rolled out the release of the new Financial Automation Submission
Tracking System (FAST) to municipalities and counties commencing with
all submissions starting January 1, 2018. It is the responsibility
of the Chief Financial Officer (CFO) to submit the budget document
through this system. The Clerk will be required to electronically
sign the budget document once it has been introduced, as well as once
it has been formally adopted. Emails will be sent to the Clerk (from
DoNotReply@dca.nj.gov) notifying them that they must sign the submitted
document and provide the necessary link to allow for that action.
The INTRODUCTION AND APPROVAL steps shown below are still required
to be followed. 9/15/2021
B. INTRODUCTION AND APPROVAL - While the budget is referred to as a
budget resolution, it requires two (2) readings, similar to an ordinance.
All budgets must be approved, or amended and adopted by resolution.
Each resolution must be passed by not less than a majority of the
full membership of the Governing Body.
1. Not later than February 10 (CY) or August 10 (FY), in writing, at
a public meeting of the Governing Body. 10/31/04
2. Constitutes a first reading which may be by title.
3. The date, time and place of the public hearing is fixed by the Governing
Body. 9/15/09
4. Within three (3) days, three (3) certified copies of the approved
budget are submitted to the Director, together with the Governing
Body's certification that the local unit's hiring practices comply
with the "Enforcement Guidance on the Consideration of Arrest and
Conviction Records in Employment Decisions Under Title VII of the
Civil Rights Act of 1964," as amended, 42 U.S.C. § 2000
et seq. (Apr. 25, 2012). [N.J.S.A. 40A:4-5] 10/1/07; 9/15/17
SEE PL2017, C183
C. EXTENSION OF DATES FOR INTRODUCTION AND APPROVAL - The Director,
with the approval of the Local Finance Board, can extend the dates
for introduction, approval and adoption of municipal budget beyond
the dates required under the "Local Budget Law."
D. ADVERTISEMENT
1. Must be published in the official newspaper of the municipality at
least ten (10) days before the date of public hearing.
2. Can be advertised in full or by publication of a summary.
3. Must include the date, time and place of the public hearing.
E. PUBLIC HEARING
1. Shall be held not less than twenty-eight (28) days after the approval/introduction
of the budget.
2. May be adjourned from time to time until the hearing is closed.
3. Budget must be read in full unless:
a. At least one (1) week prior to the date of the hearing, and at the
hearing, a complete copy of the approved budget shall be made available
for public inspection. [N.J.S.A. 40A:4-8] 12/01; 10/31/05; 9/15/15
b. Shall be made available to each person upon request. 9/15/15
c. A resolution is passed by a majority of the full membership stating
that the law has been met and allowing that the budget be read by
title. 9/15/15
F. AMENDMENTS — If required by the Director, amendments can be
made prior to the public hearing without advertisement. The Governing
Body may make amendments only during or after the public hearing of
the approved budget. 12/99; 9/15/15
1. Requires a public hearing if the amendment:
a. Adds a new item of appropriation in an amount in excess of one percent
(1%) of the total amount of appropriations indicated in the approved
budget; 9/15/15
b. Increases the amount to be raised by taxes by more than 5%, unless
the same is made to include an emergency temporary appropriation only.
9/15/15
c. Increases or decreases any item of appropriation by more than ten
percent (10%), or 9/15/15
d. The amendment resolution must be advertised at least three (3) days
before the fixed date for the public hearing. The advertisement must
be in full. 10/31/04; 10/1/07; 10/1/11; 9/15/12; 9/15/15
2. Within three (3) days of adoption, three (3) certified copies of
the amendment resolution must be submitted to the Director. 10/1/07
3. Amending resolution must be read in full at the hearing
and before adoption. Adoption requires a majority of full membership
vote. 10/1/07
4. The Director must approve and certify the amending resolution before
its adoption unless the municipality is eligible and qualifies for
local budget examination. 9/15/11
G. ADOPTION - No budget or amendment can be adopted until the Director
has certified approval unless the municipality is eligible and qualifies
for local budget examination. 9/15/11
1. Budget resolution must be read in full unless:
a. At least one (1) week before the hearing and at the hearing, a complete
copy of the approved budget: [N.J.S.A. 40A:4-8] 10/31/04; 9/15/16
(1)
Shall be made available for public inspection, and 9/15/16
(2)
Shall be made available to each person upon request, and 9/15/16
b. A resolution is passed by a majority of the full membership allowing
that the budget be read by title. 9/15/16
2. No later than March 20 (CY) or September 20 (FY). If the Director's
certification is received after the public hearing, the Governing
Body may adopt within ten (10) days after receipt. 10/31/04
3. By resolution adopted by a majority of the full membership of the
Governing Body.
4. Within three (3) days after adoption, three (3) certified copies
are to be sent to the Director. All signatures must be manual, all votes recorded. [N.J.S.A. 4-10] 10/1/07
5. Within fifteen (15) days after adoption, one (1) certified copy is
sent to the County Board of Taxation. [N.J.S.A. 40A:4-11] 10/31/07;
10/1/07
H. SELF-EXAMINATION OF BUDGET 10/31/04
1. The Local Budget Law -N.J.S.A. 40A:4-78(b) and rules adopted by the
Local Finance Board permit certain municipalities in sound fiscal
condition to assume the responsibility, normally granted the Director
of the Division of Local Government Services, of conducting the annual
budget examination. In examining local budgets, the DLGS reviews the
revenue estimates to determine that they are reasonable, accurate,
and correctly stated and determines that items of appropriation are
properly set forth, adequate provisions for debt service, deferred
charges, statutory expenditures, cash deficit of preceding years,
and reserve for uncollected taxes. This same analysis must be performed
by the CFO and Governing Body when performing a self-examination of
the budget.
a. The Director of Local Government Services also has the authority
to approve the insertion of any special item of revenue in the budget.
b. The director also examines the budget for accuracy of itemization
and for compliance with the Local Budget Law and the regulations of
the DLGS. The division cannot change the amount of an appropriation
unless an amount is legally required.
I. MUNICIPAL LEVY CAP LAW — Municipalities are prohibited from
increasing the amount to be raised by taxation by more than two percent
(2%). Exempt are municipalities with a tax rate of $0.10 or less per
$100 of assessed valuation. (Limitation on Increase in Appropriations)
[N.J.S.A. 40A:4-45.3] 9/15/08; 10/1/11; 9/15/17; 9/15/2021
J. ANNUAL COST-OF-LIVING ADJUSTMENT (COLA) — is authorized under
the original 1977 budget cap law. Current law affecting municipal
and County budgets required compliance with both the "1977" cap law
and the 2010 levy cap law. Pursuant to N.J.S.A. 40A:4-45.2, "municipalities
shall be prohibited from increasing their final appropriations by
more than 2.5%..." unless action is taken by the Governing Body to
increase their final appropriations subject to the cap to the statutorily
permitted 3.5%. A model ordinance is available on the Division of
Local Governments website.
*Editor's Note: Refer to official communications
(Local Finance notices) as to the current CAP.
1. Exceptions may be subtracted from the budget amount when calculating
the rate of increase. Exemptions from this calculation often change
from year to year. A complete listing of exceptions is noted in N.J.S.A.
40A:4-5.3, however, a few are listed below:
c. Increase in health insurance.
d. Emergency appropriations.
9/15/17; 9/15/18
10/1/07; 9/15/10
A. Included in the budget document, a plan for the expenditure of public
funds for capital purposes for a period not greater than six (6) years.
Municipalities with a population under 10,000 only need a three (3)
year capital plan. 12/99; 10/1/11
B. Only after the adoption of a capital budget can the Governing Body
expend or incur obligations for capital purposes.
C. May be amended at any time during the year.
[N.J.S.A. 4-45.1a] 10/1/07; 9/15/10; 10/1/11
Defined as the annual percentage increase in the Implicit Price
Deflator for State and Local government Purchases of Goods and Services
for the year preceding the current year. The Director determines the
COLA to be applied. 9/15/12
A. FUND STRUCTURE 10/1/07
The fund structure is a set of self-balancing accounts that
provides for the separate reporting of income and expenditures by
type of function or operation of the organization. The following is
a description of the funds used by New Jersey municipalities:
1. Current Fund - This is the general fund of
a municipality for the current year. Included as income are property
tax collections and anticipated revenues.
2. General Capital Fund - All "general" capital
improvements, equipment acquisition (only bondable items), and facility
acquisition or major facility improvements not attributed to the Current
or Utility Funds are recorded in the general capital funds. Income
received to support general capital spending is derived from either
budgetary appropriations or duly and legally approved bond ordinances.
3. Trust Fund(s) - Records specific receipts
that may be used solely for the purpose for which they are intended.
An example would be the "dog license" trust fund that allows for the
receipt and disbursement of dog license revenues.
4. Dedication of Revenues by Rider - Dedication
by Rider resolution adopted pursuant to N.J.S.A. 40A:4-39 is a request
to the Director to approve in the budget of a local unit dedicated
revenues anticipated to be received during the fiscal year, which
are not subject to a reasonably accurate estimate in advance. Upon
approval, the Rider by title is annexed to the operating budget of
the current year and subsequent year, as riders are deemed to have
an indefinite life to continue their function until rescinded by any
respective governing body. Thus, a non-lapsing revolving fund must
be set up, in a separate Trust Fund to accomplish the purposes of
the dedicated revenue provided that cash is on hand for the expenditure
to be made. There must be statutory or regulatory law authorizing
the purpose of a dedicated by Rider Trust Fund. 10/31/04
5. Utility Operating and Capital Funds - These
funds account for the operation and acquisition of capital facilities
of municipal owned and operated utilities. The most common types of
utilities are water, sewer, stormwater and swimming pool utilities,
although utilities may also be established for other purposes. Income
is derived from user fees based upon consumption or other reliable
measurement of utility use by customers. Expenditures are recorded
against budget appropriations. Utility capital acquisition is recorded
as part of the utility capital fund. 9/15/19
10/1/07; 9/15/10
A referendum can be conducted by a municipality requesting approval
for increasing the municipal budget by more than two percent (2%).
A resolution authorizing such a referendum is required.
10/1/07; 9/15/10
A. APPROPRIATION TRANSFERS
1. During the last two (2) months of the current budget fiscal year,
by a resolution adopted by a two-thirds (2/3) vote of the full membership.
Funds are transferred from one line item to another. [N.J.S.A. 40A:4-58]
10/31/04
2. During the first three (3) months of a succeeding year, by a resolution
adopted by a two-thirds (2/3) vote of the full membership. (Although
the fiscal year has ended, some funds remain which are called "reserves."
These appropriation reserves can be transferred from one line item
to another within that budget through this process.) [N.J.S.A. 40A:4-59]
10/31/04
3. The exception to N.J.S.A. 40A:4-58 and N.J.S.A. 40A:4-59 is that
no transfers may be made from an appropriation outside the CAP to
an appropriation within the CAP. Also, no transfers shall be made
among outside CAP appropriations except transfers may be made among
debt service appropriations only. [N.J.S.A. 40A:4-38] 10/31/04
B. UNEXPENDED BALANCES 10/31/05; 9/15/09
1. May be cancelled prior to the end of the fiscal year by resolution
of the Governing Body.
2. Automatically cancelled at the end of the next succeeding fiscal
year. These funds go into fund balance (surplus) when cancelled. 10/1/07
10/31/05; 10/1/07; 9/15/10
A. EMERGENCY APPROPRIATIONS - Made for an unforeseen purpose after the
adoption of a budget. To meet a need to protect or promote the public
health, safety, morals or welfare. The total amount of all emergency
appropriations shall be included in the budget of the next succeeding
fiscal year.
1. Regular Emergency Appropriations [N.J.S.A. 40A:4-48]
a. If the amount is less than three percent (3%) of the appropriations
in the current budget, a resolution can be adopted by not less than
two-thirds (2/3rds) of the full membership of the Governing Body that
an emergency exists. (See Exhibits for Sample Resolution - Emergency
Appropriations/less than three percent (3%)). 9/15/09; 9/15/17
(1)
Two (2) certified copies of the resolution are submitted to
the Director for approval.
(2)
Affidavit of Chief Financial Officer as required by N.J.S.A.
40A:4-52.
(3)
See Exhibits for Sample Resolution - Emergency Appropriations
less three percent (3%). 10/1/07; 9/15/17
b. If the amount exceeds more than three percent (3%) of the appropriations
in the current budget, the Governing Body must petition the Director
for permission to exceed the limitation of three percent (3%). A resolution
adopted by a two-thirds (2/3rds) vote of its full membership is required.
(See Sample Resolution - Emergency Appropriations more than three
percent (3%)). 9/15/09
(1)
Two (2) copies of the resolution are to be filed with the Director.
(2)
Affidavit of Chief Financial Officer as required by N.J.S.A.
40A:4-52.
(3)
See Exhibits for Sample Resolution - Emergency Appropriations
more than three percent (3%). 9/15/17
2. Special Emergency Appropriations [N.J.S.A. 4A:4-53]
a. Authorized by the adoption of an ordinance, by a two-thirds (2/3rds)
vote of the full membership, for the repair, reconstruction of streets,
road or bridges, or other property damaged by flood or hurricane.
See Exhibits for Sample Ordinance - Special Emergency.
b. For the specific reasons listed below:
(1)
Preparation of an approved tax map.
(2)
Preparation and execution of a revaluation.
(3)
Revision and codification of ordinances.
(4)
Preparation of a master plan.
(5)
Preparation of drainage maps for flood control purposes.
(6)
Preliminary engineering studies and planning necessary for installation
and construction of a sanitary sewer system.
(7)
Authorized expenses of a consolidation commission established
pursuant to "Municipal Consolidation Act."
(8)
Contractually required severance liabilities resulting from
layoff or retirement of employees when the total liability is in excess
of ten percent (10%) of the amount to be raised by taxes for municipal
purposes in the fiscal year such layoffs or retirements take place.
(9)
Preparation of a sanitary or storm system map.
A copy of all ordinances as adopted relating to special emergency
appropriations shall be filed with the Director. 10/1/07
c. Special Emergency Appropriations can be paid off over the next five
(5) years. 10/1/07
B. SPECIAL ITEMS OF REVENUE AND APPROPRIATIONS [N.J.S.A. 40A:4-87]
1. During the course of the fiscal year, funds may become available
which were not anticipated at the time of the adoption of the budget.
The Director may approve the insertion of these revenues, making the
item of revenue available for expenditure. At the same time, the Director
may approve the insertion of an appropriation item of equal amount
to offset the revenues (also known as Chapter 159). The Chief Financial
Officer files the required certifications with the Director. See Exhibits
for Sample Resolution - Special Items of Revenue and Appropriations.
a. Is filed electronically by the Chief Financial Officer with the Division
of Local Government Services. 9/15/06; 9/15/12; 9/15/14; 9/15/17
b. Resolution must be approved by the Governing Body. 9/15/14
C. CHANGE OF TITLE, TEXT OR AMOUNT OF APPROPRIATION [N.J.S.A. 40A:4-85]
The Director may change the title, text or amount of an appropriation
in the adopted budget only to make the appropriation available for
the specific purpose required.
1. It may not be used as a means of making revisions to the budget during
the year.
2. Two (2) copies of the resolution must be filed with the Director
for approval. See Exhibits for Sample Resolution - Change of Title,
Text or Amount of Appropriation.
9/15/10
A. OVERVIEW 10/1/07
A municipal utility is an agency created to perform a specific
function (or functions) within a municipality, county or region. The
utility is required by law to be self-financing. If it is not, the
deficit must be appropriated in the general municipal budget of the
subsequent year. Excess revenue (surplus) may be transferred to the
municipal budget if the Director of the Division of Local Government
Services (DLGS) consents.
Utility operations are separate and distinct from the local
unit (municipality or county). However, they are not autonomous since
the budget and operations are the responsibility of the elected Governing
Body and its management.
B. DEFINITION 10/1/07
Self-Liquidating Definition (N.J.S.A. 40A:2-45)
The self-liquidating purpose is met if cash receipts from fees,
rents or other charges in a fiscal year are sufficient to meet operating
costs, maintenance costs, and interest and debt redemption charges
payable or accruing in such year.
C. UTILITY BUDGET 10/1/07
It is important to note that utilities that provide service
to customers in an adjacent municipality are subject to control by
the State Board of Public Utilities. Utility rates are subject to
BPU approval and financial records must be kept according to BPU regulations.
9/15/10
A. OVERVIEW
Special districts are independent governmental entities created
within a local municipal unit to provide specific functions, with
power to tax, impose service charges and incur debt. They are autonomous,
and their officials are usually elected, rather than appointed.
B. FIRE DISTRICTS 10/1/07
Fire districts may be staffed by volunteers, paid firefighters
or a combination thereof, are financed by annual property taxes, may
be aided by a statutory limited appropriation from the municipal government's
budget and may sell bond anticipation notes and/or serial bonds for
capital improvements.
Fire District Budget, similar to the municipal budget, must
be introduced in writing, subject to a public hearing, and made available
for the public. Unlike a municipal budget, the Fire District budget
must be approved by the voters at the Fire District elections.
If the voters reject the Fire District Budget:
1. The Governing Body of the municipality shall publish notice of a
public hearing, conduct a public hearing and, by resolution of a majority
of its full membership fix an annual budget for the fire district.
2. The Governing Body shall certify the amount to be raised by taxation
to the Assessor of the Municipality and shall transmit copies of the
approved budget to the Director of the Division of Local Government
Services and the Board of Fire Commissioners. 10/1/07
TIP BOX: Annually DLGS publishes a Local Finance
Notice providing both Fire Budget Instructions and a Budget Calendar,
as well as Fire District Budget Excel Workbook and Word Documents
as a reference guide and to keep the documents used up to date. 9/15/19
|
C. SPECIAL IMPROVEMENT DISTRICT (District Management Corporation) 10/1/07
The Special Improvement District's (SID) annual budget must
be approved by the Municipal Governing Body following notice, advertisement
and public hearing. The SID must file its annual audit with the Municipal
Governing Body and with DLGS and make an annual report of activities
to the Municipal Governing Body within thirty (30) days after the
end of the fiscal year.
9/15/10; 10/1/11
A. GENERAL INFORMATION:
1. The largest portion of local property taxes statewide goes for school
purposes.
2. In Type I school districts, certain school debts are included in
the municipal budget.
3. Outstanding school debt is reported on the "annual debt statement"
for which the Certified Municipal Financial Officer is responsible.
9/15/17
4. School districts may use part of the municipal borrowing margin,
(with the approval of the local finance board) to finance school capital
projects.
5. The school district may cooperate with the municipality in a variety
of ways such as cooperative purchasing and shared services.
6. The Municipal Governing Body must review defeated school budgets
and recommend reductions in current or capital outlay appropriations.
7. Title 18A of the New Jersey Statutes Annotated in the statutory authority,
and N.J.A.C. Title 6 the Administrative Code governing public schools
in New Jersey. 10/1/07
B. BUDGET TIMETABLE 10/1/07; 9/15/12
(Only applies to school budgets that are still voted on in April)
Annual Election
10/31/05
|
Annual school election in all Districts - third Tuesday in April
except when adjusted by the Commissioner of Education because the
date coincides with a period of religious observance(18A:14-2 as amended).
|
C. DEFEATED SCHOOL BUDGETS [N.J.S.A. 18A:22-37 to 38]
1. If the voters reject any of the items submitted at the annual school
election, the Board of Education shall deliver the proposed school
budget to the Governing Body of the municipality, or of each of the
municipalities included in the district, within two (2) days thereafter.
2. The Governing Body of the municipality/municipalities, after consultation
with the Board of Education and by May 19th, determine the amount
which, in the judgment of the Governing Body/Governing Bodies, is
necessary to be appropriated for each item appearing in the school
budget and certify to the County Board of Taxation the totals of the
amount so determined to be necessary for each of the following:
a. General fund expenses of schools; or
b. Appropriations to capital reserve account.
3. Within fifteen (15) days after the Governing Body of the municipality/municipalities
shall make certification to the County Board of Taxation, the Board
of Education shall notify the Governing Body/Bodies if it intends
to appeal to the State Commissioner of Education the amount which
the Governing Body/Governing Bodies determined to be necessary to
be appropriated for each item appearing in the proposed school budget.
4. If the Governing Body/Bodies fail to certify any amount determined
to be necessary for any item rejected at the annual school election,
or in the event that the different Governing Bodies certify different
amounts, the State Commissioner of Education shall determine the amount
to be appropriated, and the amounts shall be included in the taxes
to be assessed, levied and collected in the municipality/ municipalities
for those purposes. (Board of Education, East Brunswick
Township v. Township Council, East Brunswick, 48 N.J. 94, 2 10/31/05
5. The Governing Body must submit a detailed explanation of any reductions
made to the Board of Education budget, to the Board. Within fifteen
(15) days after the Governing Body makes such a certification, the
Board of Education shall notify such Governing Body if it intends
to appeal the reduction to the Commissioner.
6. If the Board of Education does appeal the decision of the Governing
Body, it must notify the Commissioner, by petition (N.J.A.C. 6:24-1.2),
which starts the legal proceedings wherein the Office of Administrative
Law holds hearings, takes briefs and generally determines the facts
of the case (N.J.A.C. 6:24-1.10). The administrative law judge then
issues an opinion and findings as to the reasonableness of the cuts.
D. SCHOOL APPROPRIATIONS AND TAX LEVY
Both the revenue and appropriation sections of the school budget
are divided into the following parts for purposes of property tax
levy certification: current expenses (operations); vocational evening
schools or classes; evening schools or classes for foreign-born residents;
capital reserve fund or any capital project to be financed from property
taxes; and debt service. There is no direct annual vote on school
debt service since the indebtedness has been previously approved.
The school budget must be in balance where income and appropriations
are the same. Income may include both current income and available
free balances (commonly referred to as surplus).
There is a major difference between municipal and school budgeting
requirements with regard to the handling of appropriation balances
and surplus. If there is a free balance in any school district appropriation,
any portion of the amount may be expended by resolution of the Board
without it being included in a subsequent budget. Additionally, budget
amounts may be over-expended providing that the overall budget remains
in a surplus (balance) position.
On the other hand, Municipal Budget Laws do not permit over-expenditures
of appropriations, even if there is surplus. The municipality's surplus
can be used only if included in an annual budget, while school balances
not appropriated for budget expenditures may be included as income.
Accordingly, a school district has the flexibility of either spending
free balances or including it as surplus income in subsequent budgets.
The School Board Secretary certifies the amount of school taxes,
through the Municipal Clerk, to the County Board of Taxation, which
includes the levy on the annual county abstract of ratables.
Pursuant to N.J.S.A. 54:4-76, school taxes must be paid first
from local tax collections, the dates which these payments are due
is set forth in N.J.S.A. 54:4-75.
The school tax levy is certified on either a fiscal year or
a calendar year basis. In a school district operating on a fiscal
year basis, the full amount of taxes necessary to run the schools
in 1989-90 would be levied in 1989. If the district were on a calendar
year basis, approximately one-half (1/2) of the tax requirements for
1988-89 and one-half (1/2) of the tax needed for 1989-90 would be
levied in 1989.
[N.J.S.A. 40A:65-1] 10/1/07; 9/15/10; 10/1/11; 9/15/19
A. INTENT OF LEGISLATION
The intent of the legislation is to facilitate and promote interlocal
and regional service agreements. The grant of power under this act
is intended to be as broad as is consistent with general law relating
to local government.
B. PARTIES ELIGIBLE TO PARTICIPATE
1. Any local unit (a municipality, county, school district authority
subject to the Local Authorities Fiscal Control Law, or a regional
authority or district) of that State may enter into a contract with
any other local unit or units for the joint provision within their
several jurisdictions of any service, including services incidental
to the primary purposes of the local unit (any of the powers, duties
and functions exercised or performed by a local unit by or pursuant
to law) which any party to the agreement is empowered to render within
its own jurisdiction. 12/00
2. An authority subject to the Local Authorities Fiscal Control Law,
and any other board, commission or district established by and within
a single local unit and providing service within such local unit or
part thereof may become a party with the consent of the Governing
Body of the local unit. 12/00
a. Consent can be given by resolution.
b. After consent given, such authority, board, commission or district
may enter into such contract by resolution without need of publication
or hearing. 12/00
C. PROCEDURE FOR ADOPTION
2. Resolution need not set forth the terms of the contract in full but
shall clearly identify it by reference.
3. Agreement must be filed and open to public inspection of the local
unit immediately upon adoption. 12/02
4. Agreement shall take effect upon adoption of resolutions by all parties
thereto.
D. SERVICES ELIGIBLE
1. Any service or aspect of service which any of the participants may
legally perform for itself, including but not limited to:
a. General government administration
b. Health, police and fire protection
d. Tax Assessment and Collection
g. Joint municipal courts, youth, senior citizens, welfare and social
services programs
2. Required State agencies approvals are not amended or repealed by
this statute.
3. In the case of a contract for the joint provision of services by
an officer or employee of a municipality who is required to comply
with State certification requirements as a condition of employment,
the contract shall provide the payment of a salary to the officer
or employee and shall designate one of the municipalities as the primary
employer of the officer or employee for the purpose of that person's
tenure rights. 12/00
E. CONTENTS OF AGREEMENT
1. The contract shall specify:
a. Exact nature and extent of the services to be performed jointly or
by one or more of the parties as agent for the other party or parties.
b. Measurable standards of the level, quality and scope of such performance,
with specific assignment and allocation of responsibility for meeting
such standards.
c. Estimated cost of such services through the duration, allocation
to the parties in dollar amounts or by formula, time schedule for
periodic payment, provisions for periodic modifications of estimates
or formulas if necessary.
d. Duration of the contract which shall be seven (7) years unless otherwise
agreed upon by the parties.
2. The contract may provide for binding arbitration or fact finding
procedures to settle disputes.
3. Party performing service is the general agent for all parties and
shall have:
a. Full powers of performance and maintenance and full powers to undertake
any ancillary operation reasonably necessary or convenient to carry
out its duties.
b. Powers of enforcement and administrative regulations which are or
may be exercised by the part on whose behalf it acts, except as limited
by the terms of the contract.
c. No party shall be liable for any part or share of the cost of acquiring,
constructing or maintaining any capital facility except as permitted
by the terms of the contract or amendment thereto.
4. Any party may enter into another contract or contracts with any other
eligible parties for the performance of any services or services except
as explicitly provided, and participation in one such contract shall
not bar participation with the same or other parties in any other
contract.
F. CONTRACTS FOR LAW ENFORCEMENT SERVICES
1. Shall recognize and preserve the seniority, tenure, pension rights
of full time law enforcement officers in the local units who are in
good standing at the time the contract is adopted.
2. No law enforcement officer shall be terminated except for cause,
however, the state does not prevent or prohibit the merged entity
from reducing the force as provided by law for reasons of economy
and efficiency.
3. May provide for appointment of a chief law enforcement officer. In
such cases, the contract shall provide that any person who is serving
as the chief law enforcement officer in one of the participating local
units at the time the contract is adopted may elect either:
a. To accept a demotion of not more than one rank without any loss of
seniority rights, impairment of tenure or pension rights; or
b. To retire from service. If the person elects retirement, the statute
sets forth retention of rank and provision of leave with full compensation
and benefits.
c. If the local units have adopted Civil Service Statutes, the position
of chief law enforcement officer shall be in the career service.
G. PAYMENTS
1. Shall be made in accordance with the Contract.
2. In case of a dispute, the full amount is to be paid, but if through
subsequent negotiation, arbitration or litigation the amount due shall
be determined, agreed or adjudicated to be less, the party having
received the payment shall forthwith repay the excess.
H. COMPLIANCE WITH LOCAL PUBLIC CONTRACTS LAW
If the contract involves the use of services of a private contractor,
such party shall be required to award the contract for the work to
be performed by the private contractor in accordance with the Local
Public Contracts Law.
I. AUTHORITIES SUBJECT TO "LOCAL AUTHORITIES FISCAL CONTROL LAW"
If services to be provided to an authority subject to the Local
Authorities Fiscal Control Law equal one-half (1/) or more of the
total costs of the services being performed by that immediately prior
to the contract, the contract shall require approval by resolution
of the Governing Body of each local unit which created such authority.
12/00
[N.J.S.A. 40A:5 et seq.] 10/1/07; 9/15/10
A. ANNUAL AUDIT [N.J.S.A. 40A:5-4] 10/31/05; 10/1/07
1. Requirements
a. Must be completed within six (6) months after close of fiscal year.
b. Must be prepared by Registered Municipal Accountant.
c. Must cover complete fiscal year. - "Fiscal year" period for which
a local unit adopts a budget.
2. Report of Audit [N.J.S.A. 40A:5-6] 10/31/05; 10/1/07
a. Duties of Registered Municipal Accountant
(1)
Must file the original report with the Municipal Clerk.
(2)
Must file a certified duplicate copy of the report with the
Director of Local Government Services.
(3)
It should be noted that the Local Auditor (Registered Municipal
Accountant) is required to audit all Federal and State grants as part
of the local audit under the single audit guidelines. Federal and
State grants are changing in importance as major sources of local
revenue. Municipal Officers have a responsibility to become familiar
with the categories of grants, their eligibility requirements, and
the municipality's financial ability to comply with all rules and
regulations appertaining thereto. 10/31/04
b. Duties of the Municipal Clerk - Distribute Audit to Governing Body
(1)
Within thirty (30) days of receipt of the audit report, must
publish the Synopsis of the audit, together with the recommendations
made by the Registered Municipal Accountant, at least once in the
official newspaper as designated by the municipality. [N.J.S.A. 40A:5-7]
10/1/07
(2)
Failure of the Municipal Clerk to publish within thirty (30)
days after receipt shall subject the Municipal Clerk to a fine of
ten dollars ($10.00) for each day after the expiration of the thirty
(30) days that such publication fails to appear, payable to the local
unit.
(3)
Upon receipt of notice from Director of Local Government Services
that audit report has been filed, the Governing Body must, within
forty-five (45) days of receipt of the audit, pass a resolution stating
they have reviewed, at a minimum, the report entitled Schedule of
Findings and Questioned Costs and General Comments and Recommendations
of the Registered Municipal Accountant and sign a Group Affidavit
as evidence. 9/15/15
(4)
Municipal Clerk must forward to the Director of the Division
of Local Government Services the following:
(a)
"Proof of Publication" Affidavit from official newspaper.
(b)
Certified copy of resolution of Governing Body.
(c)
One originally signed Group Affidavit, duly notarized, containing
the signatures of all members of the Governing Body holding office
at the time of the passage of the resolution. Second originally signed
Group Affidavit remains on file with the Municipal Clerk. (See Group
Affidavit Form Exhibit at the end of this chapter.)
3. Corrective Action Plan
a. Duties of Chief Financial Officer
(1)
Prepare Plan with assistance from other officials affected by
the audit recommendations.
(2)
The Plan shall cover all findings and recommendations in the
audit report.
b. Duties of Municipal Clerk
(1)
Governing Body must pass resolution within sixty (60) days of
receipt of audit that approves the Corrective Action Plan.
(2)
One (1) certified copy of approving resolution together with
the Corrective Action Plan must be sent to the Director of the Division
of Local Government Services.
c. Corrective action plan should include:
(2)
Analysis of why it occurred.
(4)
Date of corrected action.
B. ANNUAL FINANCIAL STATEMENT
1. Definition
A verified statement of the financial condition of the local
unit as of the close of the fiscal year as required by N.J.S.A. 40A:5-12
prepared by the municipality's Chief Financial Officer or Auditor.
10/31/04
2. Requirements
a. Required to be filed annually with the Director of the Division of
Local Government Services by Chief Financial Officer on forms furnished
and prescribed by the Director. If the Statement is not filed within
ten (10) days after the time fixed for filing, the Chief Financial
Officer shall be subject to a penalty of five dollars ($5.) for each
day of neglect to file the statement, in accordance with the Penalty
Enforcement law. [N.J.S.A. 2A:58-1 et seq.] 10/1/07
b. Calendar year municipalities must file no later than February 10;
State fiscal year municipalities must file no later than August 10.
3. Annual Financial Statements are also used to prepare the Balance
Sheet of the municipality, which lists assets, liabilities and Fund
Balance, and which is made part of the official Annual Budget. 10/31/04
4. Municipalities must submit an annual financial statement, pursuant
to DLGS requirements, containing trial balance for each fund, a cash
reconciliation, a budget and property tax reconciliation, and other
information required by DLGS. The annual audit also contains "audited"
financial statements and supplementary information. 10/31/04
C. ANNUAL DEBT STATEMENT 10/31/04
1. Filed annually with the Municipal Clerk and electronically with the
Director of the Division of Local Government Services by the Chief
Financial Officer before the end of the first month of each fiscal
year. 9/15/13
2. Filing and processing of Supplementary Debt Statements are set forth in Chapter
9, Bond Ordinances, of this Study Guide.
D. LEGAL DEPOSITORIES FOR PUBLIC MONEYS
1. Cash Management Plan
a. Includes designation of depositories for public funds.
b. Requires the investment of public funds in interest bearing accounts.
2. Deposit of Funds 12/02
All moneys, including moneys collected by taxation, received
from any source by or on behalf of the local unit or any board or
department thereof, shall, within forty-eight (48) hours after the
receipt thereof:
a. Be paid to the officer charged with the custody of the general funds
of the local unit who shall deposit all such funds within forty-eight
(48) hours after the receipt thereof to the credit of the local unit
in its designated legal depository, or
b. Be deposited to the credit of the local unit in its designated legal
depository.
E. PAYMENT OF MONEYS OF LOCAL UNIT
1. Requirements for payment by Governing Body
a. A detailed bill of items, certified as to its correctness by the
party claiming payment, must be presented.
b. A certification by an officer or duly designated employee of the
local unit having knowledge of the facts that the goods have been
received by, or the services rendered to, the local unit must be included
with the detailed bill.
2. Payment of advances for travel expenses
a. By resolution of the Governing Body, advances to specifically named
officers and employees may be made for travel expenses incurred for
authorized official travel.
b. Within ten (10) days after the completion of the travel for which
an advance was made, the officer or employee must submit a detailed
bill of expended funds which includes verification of items, and must
repay any excess of the advanced funds.
F. APPROVAL AND PAYMENT OF CLAIMS
1. Approval of claims
a. The Governing Body shall approve or disapprove all claims.
b. By ordinance, an approval officer may be designated with the title
of Certifying and Approval Officer and specifying the maximum dollar
amount for which payment may be approved without prior approval of
the Governing Body.
2. Payment of claims
a. An ordinance may be adopted that provides a method of disbursing
moneys or payment of approved claims.
b. If there is no ordinance as mentioned in paragraph 1b. above, then
payment is made by check drawn on the municipality, signed by the
Mayor or other Chief Executive Officer and the Municipal Clerk and
countersigned by such other officer or officers as are designated
by ordinance. 10/31/04
3. Public recording of approved claims
a. All claims approved for payment by the local unit shall be recorded
in its minutes.
b. The record of approval shall be open to the public.
G. OFFICERS TO DELIVER FUNDS AND RECORDS WHEN TERM EXPIRES
1. On the day of the expiration of his term of office, an official who
ceases to hold office shall deliver to the Municipal Clerk, or other
person who may be so designated by the Governing Body, all moneys,
papers, books, memoranda, accounts and any data of any nature pertaining
to his office.
2. On failure or refusal to comply with the above requirement within
five (5) days after the expiration of his term, on notice in writing
from the chief executive officer of such delinquency, he shall be
subject to a penalty of fifty dollars ($50.) for each day of refusal
or neglect to comply, payable to the local unit.
H. PETTY CASH FUND OF LOCAL UNIT
1. May be established by a local unit upon written application to and
approval received from the Director of the Division of Local Government
Services.
2. Requests for increases in amounts of petty cash funds must be made
via resolution of the Governing Body to the Director of the Division
of Local Government Services.
I. OATHS OF OFFICE 10/1/11
1. The oaths shall be filed with the Municipal Clerk and shall be preserved
as a public record.
[N.J.S.A. 40A:4-6.1]
The Governing Body of a municipality or county may satisfy the
advertisement requirements for the introduction and passage of a budget
in the following manner:
The publication of a summary pursuant to N.J.S.A. 40A:4-6 citing:
The totals of the major sections of the budget,
including but not limited to, operating expenses, capital improvement
appropriations, salaries and wages, and surplus for the previous and
current budget years;
|
The amount of any principal and interest of any
debt to be paid in the current budget year and the total amount of
debt remaining;
|
The total number of persons employed in the previous
budget year and the total number estimated to be employed in the current
budget year, the municipal purposes property tax levy of the previous
budget year and the estimated municipal purposes property tax levy
of the current budget year, the total amount to be raised by taxation
and the total amount to be received from other sources in the current
budget year, and the total appropriations of the previous year's budget
and of the current year's budget; and
|
The location, phone number and office hours of the
principal municipal or county building where copies of the budget
will be available to the public and the name of the person or the
office to be contacted if a person wants to receive a copy of the
budget by mail.
|
The name of the municipality or county and the budget title
shall be printed in bold 16 point typeface, and the remainder of the
summary shall be printed in bold 8 point typeface.
Attorney General Opinions issued in response to questions on
publication by summary:
Publication of the budget meets the requirement
of "official advertising" and is eligible for the rates for official
advertising.
|
Despite the required 16 and 8 point typeface required,
charges for publication must be based on the number of six point lines
(type size) the ad takes up, times the number of eight pica wide (measurement
of line width) segments utilized.
|
(insert name and county of municipality, fiscal year, and name
of Governing Body as appropriate)
WHEREAS, pursuant to N.J.S.A. 40A:4-78b, the Local Finance Board
has adopted rules that permit municipalities in sound fiscal condition
to assume the responsibility, normally granted to the Director of
the Division of Local Government Services, of conducting the annual
budget examination; and
WHEREAS, pursuant to N.J.A.C. 5:30-7.2 through 5:30-7.5 the
(insert name of municipality) has been declared eligible to participate
in the program by the Division of Local Government Services, and the
Chief Financial Officer has determined that the (insert name of municipality)
meets the necessary conditions to participate in the program for the
(insert fiscal year);
NOW, THEREFORE, BE IT RESOLVED by the (insert name of Governing
Body) of the (insert name and county of municipality) that, in accordance
with N.J.A.C. 5:30-7.6a & b, and based upon the Chief Financial
Officer's certification, the (insert name of Governing Body) has found
the budget and has met the following requirements:
That with reference to the following items, the amounts have
been calculated, pursuant to law, and appropriated as such in the
budget:
Payment of interest and debt redemption charges;
Deferred charges and statutory expenditures;
|
Cash deficit of preceding year;
|
Reserve for uncollected taxes;
|
Other reserves and non-disbursement items; and
|
Any inclusions of amounts required for school purposes.
|
That the provisions relating to limitation on increases of appropriations,
pursuant to N.J.S.A. 40A:4-45.2, and appropriations for exceptions
to limits on appropriations found at N.J.S.A. 40A:4-45.3 et seq. (complies
with the "cap" law) are fully met.
That the budget is in such form, arrangement, and content as
required by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30-5.
That pursuant to the Local Budget Law:
All estimates of revenue are reasonable, accurate
and correctly stated;
|
Items of appropriation are properly set forth; and
|
In itemization, form, arrangement, and content,
the budget will permit the exercise of the comptroller function within
the municipality.
|
The budget and associated amendments have been introduced and
publicly advertised, in accordance with the relevant provisions of
the Local Budget Law, except that failure to meet the deadlines of
N.J.S.A. 40A:4-5 shall not prevent such certification.
That all other applicable statutory requirements have been fulfilled.
BE IT FURTHER RESOLVED that a copy of this resolution be forwarded
to the Director of the Division of Local Government Services.
WHEREAS, the Local Government Cap Law, N.J.S.A. 40A:4-45.1a
et seq., provides that in the preparation of its annual budget, a
municipality shall limit any increase in said budget to five percent
(5%) or the index rate, whichever is less, over the previous year's
final appropriations, subject to certain exceptions; and
WHEREAS, P.L. 1986, c. 203 amended the Local Government Cap
Law, to provide that a municipality may, in any year in which the
index rate is less than five percent (5%), increase its final appropriations
by a percentage rate greater than the index rate but not to exceed
the five percent (5%) rate as defined in the amendatory law, when
authorized by ordinance; and
WHEREAS, the index rate for State Fiscal Year (insert year)
has been certified by the Director of the Division of Local Government
Services in the Department of Community Affairs as (insert current
year index); and
WHEREAS, the (insert name of Governing Body) of the (insert
name and county of municipality) finds it advisable and necessary
to increase its SFY (insert year) budget by more than (insert current
year index) over the previous year's final appropriations, in the
interest of promoting the health, safety and welfare of the citizens;
and
WHEREAS, the (insert name of Governing Body) hereby determines
that a (insert rate of increase) percent increase in the budget for
said year amounting to (insert dollar increase) in excess of the increase
in final appropriations otherwise permitted by the Local Government
Cap Law, is advisable and necessary.
NOW, THEREFORE, BE IT ORDAINED by the (insert name of Governing
Body) of the (insert name and county of municipality), a majority
of the full authorized membership of this Governing Body affirmatively
concurring that, in the SFY (insert year) budget year, the final appropriations
of the (insert name of municipality) shall, in accordance with this
ordinance and P.L. 1986, C.203 be increased by (insert rate of increase)
percent, amounting to (insert dollar increase), and that the SFY (insert
year) municipal budget for the (insert name of municipality) be approved
and adopted in accordance with this ordinance; and
BE IT FURTHER ORDAINED that a certified copy of this ordinance
as introduced be filed with the Director of the Division of Local
Government Services within five (5) days of introduction; and
BE IT FURTHER ORDAINED, that a certified copy of this ordinance
upon adoption, with the recorded vote included thereon, be filed with
said Director within five (5) days after such adoption.
WHEREAS, an emergency has arisen with respect to (insert reason
or condition in full), and no adequate provision was made in the 20__
budget for the aforesaid purpose, and N.J.S. 40A:4-46 provides for
the creation of an emergency appropriation for the purpose above mentioned;
and
WHEREAS, the total amount of emergency appropriations created
including the appropriation to be created by this resolution is $_________
and three percent of the total operating appropriations in the
budget for 20__ is $_________ and
WHEREAS, the foregoing appropriation, together with prior appropriations,
does not exceed three percent of the total current operating appropriations
(including utility operating appropriations) in the budget for 20__;
NOW, THEREFORE, BE IT RESOLVED by the (insert name of Governing
Body) of the (insert name and county of municipality) (not less than
two-thirds of all the members thereof affirmatively concurring) that
in accordance with N.J.S. 40A:4-48:
1. An emergency appropriation be and the same is hereby made for (insert
title of appropriation designated as to salaries and wages and/or
other expenses) in the amount of $_____________
2. That said emergency appropriation shall be provided for in full in
the 20__ budget and is requested to be excluded from CAPS pursuant
to N.J.S. 40A:4-45.3.c(1).
3. That an "Emergency Note" not in excess of the above amount be authorized
pursuant to N.J.S. 40A:4-48 and in accordance with the provisions
of N.J.S. 40A:4-51.
4. That such note shall be executed by the (insert name and title of
Financial Officer) and by the (insert name and title of "such other
officer")
5. That said note shall be dated _______________________, 20__, may
be renewed from time to time, and such note and any renewals thereof
shall be payable on or before December 31, 20__ (insert further detail,
i.e. place of payment, etc.)
6. That two certified copies of this resolution be filed with the Director
of Local Government Services.
NOTE: OMIT 3, 4 AND 5 IF EMERGENCY NOTES ARE NOT AUTHORIZED.
|
WHEREAS, an emergency has arisen with respect to (insert reason
or condition in full), and no adequate provision was made in the 20__
budget for the aforesaid purpose, and N.J.S. 40A:4-46 provides for
the creation of an emergency appropriation for the purpose above mentioned;
and
WHEREAS, the total amount of emergency appropriations created
including the appropriation to be created by this resolution is $____________
and three percent of the total operating appropriations in the
budget for 20___ is $_________ and
WHEREAS, the foregoing appropriation, together with prior appropriations,
exceeds three percent (3%) of the total current operating appropriations
(including utility operating appropriations) in the budget for 20__;
NOW, THEREFORE, BE IT RESOLVED by the (insert name of Governing
Body) of the (insert name and county of municipality) (not less than
two-thirds (2/3) of all the members thereof affirmatively concurring)
that in accordance with N.J.S. 40A:4-49, petition be made to the Director
of Local Government Services for permission to exceed the statutory
limitation of three percent (3%) for the creation of an appropriation
for the purpose set forth in the preamble hereof in accordance with
the following:
1. An emergency appropriation be and the same is hereby made for (insert
title of appropriation designated as to salaries and wages and/or
other expenses) in the amount of $_____________
2. That said emergency appropriation shall be provided for in full in
the 20__ budget and is requested to be excluded from CAPS pursuant
to N.J.S. 40A:4-45.3.c(1).
3. That an "Emergency Note" not in excess of the above amount be authorized
pursuant to N.J.S. 40A:4-48 and in accordance with the provisions
of N.J.S. 40A:4-51.
4. That such note shall be executed by the (insert name and title of
Financial Officer) and by the (insert name and title of "such other
officer")
5. That said note shall be dated _______________________, 20__, may
be renewed from time to time, and such note and any renewals thereof
shall be payable on or before December 31, 20__ (insert further detail,
i.e. place of payment, etc.)
6. That two certified copies of this resolution be filed with the Director
of Local Government Services.
NOTE: OMIT 3, 4 AND 5 IF EMERGENCY NOTES ARE NOT AUTHORIZED.
|
WHEREAS, it has been found necessary to make an Emergency Appropriation
to meet certain extraordinary expenses incurred, or to be incurred,
by reason of damage caused by (insert purpose), and
WHEREAS, N.J.S. 40A_____ provides that it shall be lawful to
make such appropriation, which appropriation and/or the "special emergency
notes" issued to finance the same shall be provided for in succeeding
annual budgets by the inclusion of an appropriation of at least one-fifth
or one-third of the amount authorized pursuant to this act.
NOW, THEREFORE, BE IT ORDAINED by the (insert name of Governing
Body) of the (insert name and county of municipality) (not less than
two-thirds of all the members thereof affirmatively concurring) that
in accordance with the provisions of N.J.S. 40A:4-55:
1. An emergency appropriation be and the same is hereby made for (insert
title of appropriation) in the total amount of $_____________
2. That said emergency appropriation shall be provided for in full in
the budgets of the next succeeding years by the inclusion of not less
than $___________________(must be at least one-fifth of the total
amount) in each of the next succeeding annual budgets.
3. That an "Emergency Note" not in excess of the above amount authorized
pursuant to law be provided.
4. That such note shall be executed by the (insert name and title of
Financial Officer) and by the (insert name and title of "such other
officer")
5. That said note shall be dated _______________________, 20__, may
be renewed from time to time, and such note and any renewals thereof
shall mature and be paid in the amount of not less than one-fifth
or one-third of the total amount appropriated by this resolution in
each year after the authorization thereof, (insert further detail,
i.e. place of payment, etc.)
WHEREAS, N.J.S.A. 40A:87 provides that the Director of the Division
of Local Government Services may approve the insertion of any special
item of revenue in the budget of any County or Municipality when such
items shall have been made available by law and the amount thereof
was not determined at the time of the adoption of the budget; and
WHEREAS, said Director may also approve the insertion of any
item of appropriation for equal amount;
NOW, THEREFORE, BE IT RESOLVED that the (insert name of Governing
Body) of the (insert name and county of municipality) hereby requests
the Director of Local Government Services to approve the insertion
of an item of revenue in the budget of the year 20__ in the sum of
$________________, which item is now available as a revenue from the
(insert source of revenue) in the amount of $_________________;
BE IT FURTHER RESOLVED that the like sum of $__________________
is hereby appropriated under the caption of "____________________________";
and
BE IT FURTHER RESOLVED that the above is a result of a (insert
"State Grant of $_____________________ from _______________________________"
or other source of revenue).
STATE OF NEW JERSEY
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF LOCAL GOVERNMENT SERVICES
|
Pursuant to N.J.S.A. 40A:4-87, I hereby certify that the following
resolution has been duly adopted by the Governing Body of:_______________________
(Name of Municipality)
|
|
Municipal Clerk's signature
|
I hereby certify that (insert name of municipality) has realized
or is in receipt of written notification of the state or federal monies
cited in the following resolution, which meets all statutory requirements
and will be included in the 20____ municipal budget.
|
|
Chief Financial Officer's Signature
|
Resolution Number:__________
|
|
Date of Adoption: __________
|
|
|
|
|
|
|
|
Approval is hereby given to the cited resolution adopted by
the Governing Body pursuant to N.J.S.A. 40A:4-87
|
Director, Division of Local Government Services
|
|
Duly Appointed Designee
|
FOR DCA USE ONLY
|
|
|
THIS CERTIFICATION FORM MAY BE REPRODUCED TO BE USED FOR STATE
AND FEDERAL GRANTS ONLY
|
|
WHEREAS, N.J.S.A. 40A:4-85 provides that the Director of the
Division of Local Finance may, at the request of, or with the consent
of, the Governing Body of the County or Municipality, make such correction
of the title, text or amount of any appropriation appearing in the
budgets as may be necessary to make said item of appropriation available
for the purpose or purposes required for the needs of any such County
or Municipality;
NOW, THEREFORE, BE IT RESOLVED that in accordance with the provisions
of N.J.S.A. 40A:4-85, that the (insert name of Governing Body) of
the (insert name and county of municipality) hereby requests the Director
of the Division of Local Finance to make the following corrections
in the budget of (insert year):
FROM:
|
(Insert name of account)
|
(insert amount)
|
TO:
|
(Insert name of account)
|
(insert amount)
|
BE IT FURTHER RESOLVED that the foregoing correction is, in
the opinion of the Governing Body, warranted and authorized by the
Statute above referred to, and is necessary for the orderly operation
of the (insert name and county of municipality) for the reasons hereinabove
set forth.
WHEREAS, the voters of the (Municipality) in a duly held election,
did fail to approve the General Fund Tax Levy Budget of the Board
of Education of the (Municipality) for the school year (years); and
WHEREAS, the Education, Budgets and Appropriations Law, N.J.S.A.
28a-22-37, requires the Governing Body of the (Municipality), after
consultation with the (Municipality) Board of Education, to determine
the amount which is necessary to be appropriated in such budget and
to certify to the County Board of Taxation the total amount so determined;
and
WHEREAS, the Governing Body of the (Municipality) has consulted
with representatives of the (Municipality) Board of Education, and
has thereafter determined the amount necessary to be appropriated;
NOW, THEREFORE BE IT RESOLVED by the Governing Body of the (Municipality)
(County), State of New Jersey, that the following determination is
hereby made:
1.
|
The original tax levy on the ballot for the base budget:
|
$
|
2.
|
The amount of reduction to the tax levy for the base budget:
|
$
|
3.
|
The amount of tax levy being certified for the base budget:
|
$
|
4.
|
Specific line item reductions:
|
|
|
Account Number
|
Description
|
Amount
|
a.
|
|
|
|
b.
|
|
|
|
c.
|
|
|
|
5.
|
Supporting reasons for reduction: Based upon a review of all
data provided by the Board of Education, meetings with representatives
of the Board of Education, numerous public hearings and consideration
of the public need, it has been determined that the reductions set
forth herein can be effectuated without a reduction in programs or
negatively impacting upon the education of the students.
|
6.
|
The revised budget is sufficient to provide a thorough and efficient
education.
|
7.
|
There was no additional general fund tax levy considered by
the voters.
|
BE IT FURTHER RESOLVED that certified copies of this resolution
be forwarded to the (Municipality) Board of Education, Superintendent
of the (County) Department of Education, and the Administrator of
the (County) Board of Taxation.
LOCAL FINANCE NOTICE 92-15 - 7/8/92
Up until now, only those municipalities and counties receiving
federal aid in excess of $25,000/year have been obligated to prepare
Corrective Action Plans in accordance with the Single Audit Act, U.S.
Office of Management and Budget Circular A-128, and New Jersey Office
of Management and Budget Circular Letter 87-11.
In accord with the timetable set forth in this Notice, all local units (includes municipalities, counties, and
fire districts and authorities operating under the Local Public Authorities
Fiscal Control Act) must now prepare and submit a Corrective Action
Plan as part of their annual audit process.
The Corrective Action Plan shall be prepared in accordance with
the OMB circulars and this Notice. Plans are to be submitted to the
Division and placed on file with the Clerk or Secretary of the local
unit 60 days from the date the audit is received by the Governing
Body. A sample typical Corrective Action Plan item is attached.
The Plan shall cover all findings and recommendations in the
audit report, including state, federal and general findings, as well
as the status of all prior year findings and recommendations. It should
be prepared by the Chief Financial Officer of the local unit with
assistance from other officials affected by the audit recommendations
and approved by the Governing Body of the local unit.
Each Corrective Action Plan shall include the following for
each finding:
a)
|
Description of the deficiency (finding, observation, questioned
cost, etc.)
|
b)
|
Analysis of why the deficiency occurred
|
c)
|
Descriptions of procedures to be used to correct the deficiency
or reason why the finding will not be corrected
|
d)
|
Expected date of implementation (which is required to be no
later than six months after the date of the audit report)
|
Corrective Action Plans are to be referenced in the "synopsis"
of the audit report that is published. Suggested language for the
audit synopsis is attached.
Local unit Governing Bodies should be aware of their audit due
dates. The Division urges Governing Body members to be aware of the
auditor's responsibilities to have audits submitted on time. Late
submissions will not be tolerated and monetary fines may be imposed
for late audits. Authorities and fire districts are also reminded
that a copy of their audit must be filed with the clerk of the government(s)
that created them.
Audit Due Dates:
Municipal and County Audits are due no more than
six (6) months from the close of the fiscal year.
|
Authority and Fire District audits are due four
(4) months from the close of the fiscal year.
|
In all cases a copy of the audit must be sent to the Division,
and the synopsis published in a local newspaper, with a copy to the
Division.
SUGGESTED AUDIT SYNOPSIS LANGUAGE FOR CORRECTIVE ACTION PLANS
A Corrective Action Plan, which outlines actions the (insert
name of local unit) will take to correct the findings listed above,
will be prepared in accordance with federal and state requirements.
A copy of it will be placed on file and made available for public
inspection in the Officer of the Municipal (or County) Clerk in (insert
name of local unit) within 45 days of this notice.
9/15/2021
NO PHOTOCOPIES OF SIGNATURES
GROUP AFFIDAVIT FORM
CERTIFICATION OF GOVERNING BODY
|
STATE OF NEW JERSEY)
|
|
|
)SS.
|
COUNTY OF ______________)
|
|
We, members of the governing body of the ________________ of
_________________________, County of _____________, of full age, being
duly sworn according to law, upon our oath depose and say:
1. We are duly elected (or appointed) members of the ____________________
(Insert name of governing body) of the ___________ of _____________________.
2. In the performance of our duties, and pursuant to the Local Finance
Board Regulations, we have familiarized ourselves with the contents
of the Annual Municipal Audit filed with the Clerk pursuant to N.J.S.A.
40A:5-6 for the year ____________.
3. We certify that we have personally reviewed and are familiar with,
as a minimum, the section of the Annual Report entitled:
SCHEDULE OF FINDINGS AND RECOMMENDATIONS
OR
SCHEDULE OF FINDINGS AND QUESTIONED COSTS
|
(L.S.)
|
(L.S.)
|
(L.S.)
|
(L.S.)
|
(L.S.)
|
(L.S.)
|
(L.S.)
|
(L.S.)
|
Sworn to and subscribed before
Me this ________________ day of
_________________________, 20_____.
______________________________________
Notary Public of New Jersey
|
The Municipal Clerk (or Clerk of the Board of County
Commissioners as the case may be) shall set forth the reason for the
absence of signature of any members of the governing body.
IMPORTANT: This certification must be sent to the Division of
Local Government Services, P.O. Box 803, Trenton, New Jersey 08625