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Municipal Clerk > Advanced Municipal Clerk > Flashcards

Advanced Municipal Clerk Flashcards

1
Q

State Agencies to Interact with

A

Department of Community Affairs- Division of Local Government Services - Financial and Managerial Assistance
Division of Housing - Housing INspection
Department of Treasury-Division of Pensions (pension reporting) Division o fTaxation - (tax assessment management
Division o fElections
Division of Alcoholic Beverage Control
Legalized Games of Chance Control Commission
Division of Archives and Records Management

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2
Q

This organization assists with financial regulation and budget assistance

A

Division of Local Government Services

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3
Q

4 principal responsibilities of LGS

A
  1. regulation of municipal, county and authority finances
  2. prividing technical assistance to local governments and authorities in developing and strengthening managerial planning and financial competence
  3. research in local government finance and operations, including the distribution of data
  4. administration of various state grant and aid programs
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4
Q

State Statute on Local Public Contracts Law

A

N.J.S.A 40A:11-1 et seq

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5
Q

Public Contracts Law Rules

A

N.J.A.C 5:30-5.1 et seq

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6
Q

Aggregate

A

the sumes expended or to be expended for the purchae of any goods or services dealing with the same immediate purpose or task, or the furnishing of similar goods or services, over the course of a contract awarded by a contracting agent.

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7
Q

Bid threshold definition

A

the dollar amount set by law, above which a contracting unit shall advertise for and receive sealed bids in accordance with procedures set forth in law.

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8
Q

the amount of the bid threshold

A

$17,500

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9
Q

The amount if the Purchasing Agent is Qualified

A

$36,000

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10
Q

who and how to award contracts exceeding bid threshold

A

Only by a Governing Body, by resolution can award a fair and open contract in excess of $17,500

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11
Q

Similar goods and services cannot or must be aggregated and contracts must or must not be split for the purpose of staying under the bid threshold

A

Must be aggregated and contract must NOT be split

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12
Q

In Emergency purchases, what is a requirement

A

A formal chain of command

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13
Q

define the parameter of competitive quotes

A

Contracts below the bid threshold but 15% or more of that amount, the contracting unite must solicit 2 competitive quotes

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14
Q

when do pay-to-play requirements come into play

A

$17,500

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15
Q

Statutory Authorization on contracts

A
  1. can not exceed 24 consecutive months

2 professional service contracts can only be awarded for a period not to exceed 12 months

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16
Q

Explain the bid process

A
  1. advertise in newspaper - no less than 10 days (exception -
  2. Notice to Open Bids
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17
Q

A governing body must award a contract or reject all bids within ……days

A

60

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18
Q

After awarding a contract, it must be signed within how many days

A

21

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19
Q

State Statute for regular, general Bong Ordinance

A

N.J.S.A 40A:2

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20
Q

The 2 ways in which Capital projects are paid

A
  1. Capital Improvement Fund

2. The sale of municipal bonds or notes

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21
Q

Procedure for Bond Adoption

A
  1. first ready by title only
  2. legal advertising
  3. ordinance posting
  4. notorized affidavit of publication with newspaper
  5. Amendment (if necessary)
  6. Down payment reuirement
  7. public hearing
  8. Final adoption - at least 10 days after first reading by roll call, by 2/3s of full membership. publication of bond ordinance in full or by summary together with the estoppel statement
  9. Effective Date 20 days after first publication of the notice of final adoption
  10. Upon adoption , Bond Counsel will require the municipal clerk to submit affidavits of publication, certified copies of minutes, affidavits that no protests have been filed.
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22
Q

Terms for the estoppel

A

upon notice of final adoption by the municipal clerk, the public has 20 days to file a petition sign by no less than 15% of votes cast in the municipality at the last general election at which members of the General Assembly were elected.

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23
Q

Effective Date of a Bond Ordinance

A

20 days after first publication

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24
Q

Temporary budget appropriations

A
  1. adopted by resolution within first 30 days of the budget year
  2. shall not exceed 26.25%
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25
Q

Annual Budget Calendar

A

Calendar Fiscal Year - jan 1 - dec 31

State Fiscal Year - july 1 - june 30

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26
Q

Budget procedure

A
  1. introduction and approval (2 readings, approved, amended or adopted by resolution), within 3 days, 3 certified copies of the approved budget are sent to the director
  2. Advertise at least 10 days before public hearing
  3. Public hearing no less than 28 days after introduction of the budget
  4. Adoption -can not be adopted w/o director approval,
  5. adoption no later than march 20 (cy) or september 20 (fy)
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27
Q

Appropriation transfers

A

allowed during the last 2 months of the fiscal year by resolution, and adopted by 2/3rds vote, or during the first 3 months of a succeeding year

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28
Q

Unexpended Balances

A

may be cancelled before the end of teh fiscal year by resolution
2. automatically cancelled at teh end of the next succeeding fiscal year, these go into surplus

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29
Q

Special Item of revenue

A

Chapter 159

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30
Q

must be enrolled in Pension System if:

A

at least $1500 per year,
full-time position,
not a member of another retirement system

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31
Q

PFRS retire can be hired in active membership if

A
  1. must be off payroll for at least 30 days

2. does not exceed $15,000

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32
Q

Types of retirement

A
  1. Service retirement -55+ w/ no minimum years of service
  2. special retirement - any age w/ 25 years or more
  3. deferred retirement - 10+ years but not 55 years of age
  4. ordinary disability retirement - 4 or more years of service, deemed totally and permanently incapacitated
  5. Accidental Disability Retirement - enrolled in the retirement system on or before the date of the traumatic event
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33
Q

Service retirement

A

55+ w/ no minimum years of service

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34
Q

special retirement

A

any age w/ 25 years or more

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35
Q

deferred retirement

A

10+ years but not 55 years of age

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36
Q

ordinary disability retirement

A

4 or more years of service, deemed totally and permanently incapacitated

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37
Q

Accidental Disability Retirement

A

enrolled in the retirement system on or before the date of the traumatic event

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38
Q

PERS

A
  1. service retirement - 60_, no minimum years of service

2. early retirement - less than 60yrs old, but w/ 25 years of service

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39
Q

What is PERC and what is the structure and role?-

A

Public Employees Relation Commision.
7 member board - 2 represent public employers, 2 represent public employee orgs, 3 are public members
-The role is to ensure a fair process for selecting a bargaining unit

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40
Q

What is an Agency shop?

A

an eligible, nonparticipating union member pays 85% of union dues because he/she is still represented by the bargaining unit

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41
Q

PERC negotiable and non-negotiable items

A

salaries
hours of employment
conditions of employment

non-negotiable items
slate of officers for municipality
pensions
state health benefits system

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42
Q

Impasse procedure

A
  1. mediation
  2. fact finding
  3. continued negotiation
  4. arbitration setting
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43
Q

PACO

A

public agency compliance officer

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44
Q

LOSAP

A

Length Of Service Award Program
-if no fire district, adopted by ordinance
If fire district, by resolution and ratified at fire district election

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45
Q

Tuition credit program

A

$2500, eligible after four years, with a C grade

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46
Q

What program oversees bloodborne pathogens?

A

OSHA Occupational Safety and Health Administration

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47
Q

What is the mandated plan by OSHA?

A

Exposure Control Plan - determines each employees potential exposure

  1. offer the Hepatitis B vaccinations within 10 days of employment
  2. provide employee training and communication of hazards at the time of their initial employment - repeated annually
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48
Q

PERS

A

Public Employee Retirement System

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49
Q

Tort Claim

A

90 days to file

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50
Q

LOSAP

A

Length of Service Award Program - established by ordinance after ratified at General Election and put into next years budget

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51
Q

Date to notify contaminated sites in new jersey

A

By August 31 by DEP

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52
Q

The process to sell a piece of property

A

For REal Property, Capital Improvements and Personal Property -
Notice has to be done. Advertise 2 times, for 2 consecutive weeks, and the last publication is no later than 7 days before sale

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53
Q

Conditions of protected tenants

A
  1. senior citizens - 62yrs old, renting for at least 1 year, and income does not exceed 3 times the county per capita income
  2. Disables persons - totally and permanently disabled, or honorably discharged at 60%
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54
Q

Duration of protected tenant

A

40 years

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55
Q

Condo Conversion

A
  1. landlord gives letter of intent to convert retal to a condo
  2. tenants have 60 days to complete the application
  3. municipality determines eligibility by 30 days of receipt of application, hearing within 10 days of determination
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56
Q

Certificate of Registration

A

If owner is not a resident of the county, they must name a managing agent who resides in the county

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57
Q

Blanket Bond Coverage - covers…

A

provided by the Joint Insurance Fund in lieu of an individual bond as to any officer or employee required by aw to be bonded, including treasureers and tax collectors and municipal court judges

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58
Q

Local Ethics Law

A
  1. due April 30
  2. government officers must file financial disclosure forms
  3. government officers file within 30 days of taking office
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59
Q

Municipality can create own ethics Board

A

6 members, must be residents

2 public, no more than 3 of the same political party

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60
Q

Who are responsible for Assessment searches?

A

Municipal Clerk or Municipal Engineer

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61
Q

cost of assessment search

A

$10, and certificate provided within 15 days

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62
Q

Municipal Clerk is

A

not part of a union - confidential employee

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63
Q

Certificate of Zoning Development

A

Filed with County Planning within 30 days

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64
Q

Who received appeals of D Use Variance?

A

The Governing Body

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65
Q

Statute for Municipal Land Use Law

A

NJSA 40:55D

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66
Q

Right To Know - how often?

A

once every 5 years

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67
Q

timeframe of a zoning permit

A

10 days to approve or deny a zoning permit, failure to grant is deemed and approval. If there is a Master Plan in place, the zoning board has 35 day

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68
Q

Length of time to advertise proposed zoning ordinance

A

10 days

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69
Q

conditions of a property within 200 feet of adjoining municipality

A

copy of ordinance sent to county planning board and municipal clerk of adjoining municipality (if within 200 ft). sent via personal service or certified mail

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70
Q

Master Plan revisited every

A

10 years

71
Q

who can not participate in PERC?

A
  1. confidential employees
  2. elected officials
  3. managerial employees
72
Q

Parliamentary Procedures

A

PMS Is Special

  1. Privileged
  2. Main
  3. Subsidiary - deals with main motion
  4. Incidental - questions of procedure arising out of another pending motion or another motion or item of business
  5. Special
73
Q

Examples of Incidental Motions

A
  1. division of question
  2. division of the assembly
  3. withdraw or modify a motion
  4. object to consideration
  5. point of order - questioning procedure
  6. parliamentary inquiry
  7. point of information - more information on a mtion
  8. appeal from decision of the chair
  9. suspend a rule
74
Q

Where to find Motions

A

Roberts Rules or Cushings Manual

75
Q

Exceptions to a formal bid

A
  1. professional services
  2. printing
  3. election expenses
  4. legal notices
76
Q

Statute for Audit/Fiscal Affairs

A

NJSA 40A:5

77
Q

who does the audit and when does it need to be completed?

A

RMA 6 months

78
Q

If a Use D Variance is approved and the municipality has an ordinance in place to do so, who would hear an appeal?

A

Governing Body

79
Q

How many days does the governing body have to conclude its review of an appeal?

A

95 days

80
Q

The Municipal Clerk must give notice at least_____ prior to the hearing at which the appeal will be heard either by ___ or ____

A

10 days, Governing Body or Superior Court

81
Q

within _____ of the decision, the MC must mail the decision to ___ without charge and ____ at rasonable charge

A

10 days, Appellant, Interested Parties

82
Q

The Planning Board shall review and issue findings concerning any long-range facilities plan submitted to the Board pursuant to the ______

A

Educational Facilities Construction and Financing Act

83
Q

Give all of the steps in an ordinance

A
  1. first reading
  2. referral to planning board
  3. legal advertising
  4. notices to adjoinging municipality and county planning board
  5. ordinance posting
  6. affidavits
  7. public hearing
    8 final adoption
    9 effective date
84
Q

Municipal Land Use Law is found in what statute?

A

40:55D-1 et seq

85
Q

Two books where parliamentary procedures can be found

A

Cushings Manual and Roberts Rules

86
Q

5 types of motions

A

Privileged, Main, Subsidiary, Incidental, Special

87
Q

Amend is a ____ motion

A

subsidiary

88
Q

Remove from table is a _____ motion

A

special

89
Q

suspend rules is a ____ motion

A

incidental

90
Q

what must take place before an action is official?

A

results must be announced

91
Q

a member may change his/her vote at any time until

A

the result is announces

92
Q

Recess
Refer to Ctm
Point of Order
Take from the table

A

privileged
subsidiary
incidental
special

93
Q

Adjourn
reconsider
appeal from decision of the chair
lay on the table

A

privileged
special
incidental
subsidiary

94
Q

A PACO agent must be designed each year and report to…

A

Dept of Treasury

95
Q

To sell public property, ___ publications are required at least ____. The last notice shall appear not earlier than ___ prior to sale

A

2 publications, 2 consecutive weeks, 7 days

96
Q

land that is no longer needed for public use can be sold by adopting an ___

A

ordinance

97
Q

Volunteer fire companies/rescue squads can be part of LOSAP. how would a local goverment without a fire district establish this?

A

by ordinance, by voters at the next general election

98
Q

when would LOSAP become effective?

A

after voters ratify at next general election

99
Q

UCC has sub-code officials: name three

A

Construction
National electrical code
National Energy code

100
Q

what percent is required for a down payment of a bond ordinance?

A

5%

101
Q

The ___ must submit to the MC a ___ on the date of introduction of the bond ordinance

A

CFO, Supplemental Debt Statement

102
Q

A bond ordinance be published at least ___ prior to the scheduled public hearing date

A

7 days

103
Q

final adoption of a bond ordinance must be at least ___ after the reading by ____ vote

A

7 days, roll call

104
Q

A bond ordinance is not effective until ____ days after publication of ___ adoption of a bond ordinance with the ____

A

20, Final Adoption, Official newspaper

105
Q

Days to advertise the audit synopsis

A

30

106
Q

days to adopt resolution that Governing Body reviewed genral comments and recommendations in audit

A

45

107
Q

days to advertise the budget

A

10

108
Q

days to send adopted budget to LGS

A

3

109
Q

Local Budget Law is found in

A

40A:4-78

110
Q

A temporary budget covers the ____ of the fiscal year. It is adopted by ___

A

first 1/4, resolution

111
Q

Bid threshold for those with QPA

A

$36K

112
Q

Bid threshold for those w/o QPA

A

$17,500

113
Q

awarding of a contract is done by the ____ by ___

A

governing body, resolution

114
Q

If a contract is below the bid threhold, but ___ or more of that amount, the contrcting agent must solicit at least ____ quotation

A

15%, 2

115
Q

normally, the statutory duration of contracts is ___

A

24 months

116
Q

change orders normally cannot exceed ____ and must be approved by ___

A

20%, governing body

117
Q

____% is required for a down payment of a bond

A

5%

118
Q

publication for the receipt of bids must be at least ___ days prior to the date of the bid opening

A

7 days

119
Q

State contract is through?

A

LGS

120
Q

Emergency purchases through four items

A
  1. need for the contract
  2. nature of emergency
  3. time of occurrence
  4. need for invoking emergency purchase
121
Q

the Rules and Regs for local bidding can be found in__

A

40A:11-1 et seq

122
Q

Calendar Year budgets must be introduced by ____, State Fiscal Year budget must be introduced by ___

A

Feb 10, Aug 10

123
Q

Transfers can only be made during the ____ by resolution and by ____ vote

A

last 2 months, 2/3 vote

124
Q

this is in order to receive money it did not anticipate

A

Special Items of Revenue, Chapter 159

125
Q

Annual Audits must be completed within ___ by the ___

A

6 months, RMA

126
Q

____ must file a certified duplicate copy of the report of the audit with the _____

A

RMA, Director of LGS

127
Q

If the MC does not advertise the synopsis of an audit within the rquired days, a fine of ____ per day is paid by the ___ to the ____

A

$10 day, MC, Local unit

128
Q

If a municipality wishes to give an active volunteer fire or first aid member college funds, what is this called?

A

Tuition Credit Program

129
Q

PACO
LOSAP
RMA

A
  1. Public Agency Compliance Officer
    Length of Service Award Program
    Registered Municipal Accountant
130
Q

days to coplete an improvement search

A

15

131
Q

days to send apps to all tenants in a condo conversion

A

10

132
Q

days for tenant to complete app in condo conversion

A

60

133
Q

days municipality determines eligibility of condo apps

A

30

134
Q

days owner must file landlord registration after transfer of ownership of apartments or new apartments

A

30

135
Q

days to file an amended certificate of reg from landlord

A

20

136
Q

days landlord provides tenant copy of amendment

A

7

137
Q

days a Tort Claim must be presented to Municipal Clerk

A

90

138
Q

years of service to retire under ordinary disability in PFRS

A

4

139
Q

age to retire for service retirement under PERS

A

60

140
Q

in PFRS years of service needed for special retirement

A

25

141
Q

number of Commissioners on PERC

A

7

142
Q

the responsible person for issuing assesment searches are the ___ or ___

A

MC or Engineer

143
Q

Fee for Assessment search is

A

$10

144
Q

the duration of protected tenancy is ___

A

40 years

145
Q

A senior Citizen who would be protected under the Tenancy Act/Condo Conversion must be ____ of age, resided at leaset ___ prior, and have an annual household icome not exceeding _____ the county per capita income

A

62, 4 years, 3 times

146
Q

A disabled person is ____ , _______ from service with a ____ disability, lived there ____ immediately preceding convesion

A

permanently, honorably discharged, 60%, 1 year

147
Q

A ____ is required for all rental premises or unites with two or more rental units

A

truth in renting

148
Q

the exception to the above would be an ____ premise with ____ than two rental units

A

owner-occupied, not more

149
Q

the ____ will send a copy of the filed statment of more than _____ to the ____ for public records

A

DCA, 2 rental units, MC

150
Q

a Certificate of Registration shall have the following information

A

Name and Address of owner or registered agent

Managing agent or landlord in county

151
Q

A separate bond is necessary for the following 3 positions

A

tax collector, municipal court judge, court administrator

152
Q

A ____ is a notice served upon the ___ advising they may file suit.

A

Tort Claim, MC - done within 90 days of incident, and after 6 months of claim

153
Q

All bonds of officials and employees shall be filed with the ___ , except the bond of the ___ shall be filed with the ___

A

MC, Clerk, Treasurer

154
Q

____ was enacted to ensure buyers of new residential construction about the location. they are reported to the ____

A

off-site conditions disclosure act, MC

155
Q

a person who retires can re-enter the workforce without joining a pension after ___ and must make no more than ___

A

30 days, $15k

156
Q

Under PERS, a person who retires before the age of 60, but has 25 or more years of service credit takes a pension called __

A

early retirement

157
Q

under PFRS ____ is available to members who have been enrolled in the system on or before the date of the ___

A

Accidental Disability Retirement, Traumatic Event

158
Q

The public employment relations commission is made up of ___ appointed by the ____

A

7, Governor w/ advice and consent of the senate

159
Q

a ____ must be filed with PERC to hold a secret ballot election to form a bargaining unit

A

petition

160
Q

can a municipal clerk be part of a union?

A

no, confidential secretary

161
Q

_____ is when a public employee who is eligible to join the union, but refuses, and still pays ____

A

Agency Shop, 85 % of union dues

162
Q

3 negotiable items

A

salary, hours of employment, terms of employment

163
Q

3 non-negotiable items

A

slate of officers, state health benefits, pension

164
Q

agreements must be approved by the ___ by __, with signatures of the ___ and ___ authorized

A

Governing body , ____, Mayor and MC

165
Q

impasse procedures are:

A

mediation, fact finding , arbitration

166
Q

within ___ after teh establishment of a municipal ethics board, the board shall promulgage by ___, a municipal code of ethics for all local government officers and employees serving the municipality

A

90 days, resolution

167
Q

municipality sends notice, in writing, of landlord/sponsor’s intention and applications for pretected tenancy to all tenants within ___ of receipt of notification from landlord/sponsor

A

10 days

168
Q

off-site conditions are reported to the ___ by ___

A

MC/ DEP

169
Q

list 3 off-site conditions

A

electrical substations, wastewater facilities, underground transmission lines

170
Q

the publication entitled ____ is provided to the MC by the ____

A

Known Contaminated Sites in NJ, DEP

171
Q

If a municipality establishes a municipal ethics board, it is done by ___ and consists of __ members

A

ordinance, 6

172
Q

some positions which are exempt from filing the financial disclosure statment are:

A

municipal attorney, prosecutor and public defender

173
Q

the local government ethics law applies to the following 3 groups

A

local gov agency
gov employee
gov officer

174
Q

PERS
PERC
PFRS

A

public employee retirement system
public employee retirement commission
police and firemens retirement system

Municipal Clerk (4 decks)

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