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NJ MUNICIPAL CLERK > Chapter 3 Secretary to the Governing Body > Flashcards

Chapter 3 Secretary to the Governing Body Flashcards

1
Q

What is the abbreviation for Open Public Meetings Act ?

A

OPMA

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2
Q

What is the statue fir the Open Public Meetings Act?

A

NJSA Title 10 Chapter 4 Section 6

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3
Q

What is the purpose of OPMA AKA the sunshine law ?

A

To ensure the public confidence in government and hold officials accountable

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4
Q

What is another name for the open public meeting act?

A

The sunshine law

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5
Q

What is a public body ?

A

Means commission , authority, board , council or any other group of 2 or more organized under the law of the state that can preform a public government function

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6
Q

Examples of public bodies ?

A 
Planning board
Fire Commission 
Housing Authority 
Board of Health
Recreation Committee
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7
Q

What is adequate notice?

A

Written advanced notice of at least 48 hours. Must be sent to two official newspapers, post on municipal website and post on bulletin board

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8
Q

What is a quarm ?

A

A majority of membership

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9
Q

What are 3 musts when a Governing Body has a quarm ?

A
  • must be open to the public
  • have an agenda
  • must have a public comment section
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10
Q

What is an official newspaper?

A

Paid , published and circulated in the municipality

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11
Q

Is an electronic newspaper considered an official newspaper?

A

No

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12
Q

When is your official newspaper designated?

A

At your annual reorganization meeting by resolution

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13
Q

What is Annual Notice ?

A

Calendar of all Governing Body Meetings

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14
Q

When is your Annual Notice published?

A

Within 7 days of the annual reorganization meeting

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15
Q

What is another name for 48 Hours Notice ?

A

Special Meeting

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16
Q

What is a Special Meeting or 48 Hour Notice ?

A

Meetings other then those listed in Annual Notice

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17
Q

How do you advertise 48 Hour Notice ?

A

Transmit to your designed paper by email, post on municipal website and bulletin board.
NOT PUBLISHED

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18
Q

If you cancel a meeting do you have to publish a notice ?

A

No , just transmit by email

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19
Q

At a special meeting can you add items that were not transmitted in the notice ?

A

No , can only discuss what was on the notice

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20
Q

When you publish or transmit a notice for a meeting what must be on the notice?

A

Date , time location and if a special meeting the purpose

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21
Q

When can you hold an Emergency Meeting ?

A

Upon the affirmative vote of 3/4 of the members present

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22
Q

When is an Emergency Meeting needed ?

A
  • Urgent matter - delay would be harmful to the public
  • discussion and acting is only on the matter of urgency
  • notice of the meeting is provided as soon as possible in the same means as adequate notice.
  • also state if the matter could not have been foreseen in time for adequate notice or or if it could have been but was not
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23
Q

What must be read and recorded into the minutes at every meeting ?

A

Sunshine Statement

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24
Q

What must be done in order to hold a closed session meeting ?

A

Adopt a resolution at the meeting.

Read the statement of adequate notice of the Open Public Meeting was privided.

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25
Q

provided.

A
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26
Q

Can formal action be taken in Closed Session ?

A

No

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27
Q

What are 10 exceptions that allow for closed session ?

A
  • Federal or State Mandate
  • Impair right to receive funding
  • Individual privacy
  • Negotiations
  • Real Estate
  • Public Safety
  • Attorney Client Privilege
  • litigation
  • Personnel
  • Deliberations
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28
Q

Does a clerk have to be present at a closed session meeting ?

A

Yes

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29
Q

When is a Rice Notice needed ?

A

When the Governing Body needs to discuss an employees employment

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30
Q

What is another name is Rice Notice?

A

Personal Exception

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31
Q

What happens if you violate the Open Public Meetings Act ?

A

Any action taken by the public body is voidable

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32
Q

What are the two options for the employee who gets a Rice Notice ?

A
  • to be discussed in Open Meeting

- discussed in closed session behind closed doors

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33
Q

If the employee wants the matter discussed in closed session does that grant then employee permission to attend the closed session meeting?

A

No

34
Q

If the employee chooses to have the matter discussed in public session does that grant the employee permission to participate in the discussion?

A

No

35
Q

Are draft minutes available to the public?

A

No minutes can not be released until approved by the Governing Body

36
Q

When can closed session minutes be released?

A

At such time as the matter or matters are closed

37
Q

What happens if a meeting doesn’t have a quorum?

A

Meeting must be canceled

38
Q

Who can draft an agenda ?

A
  • Municipal Clerk (Statutory Duty )
  • Municipal Clerk in conjunction with the Mayor , Manager or Administrator
  • Municipal Manager
  • Governing Body
39
Q

How far in advance should the agenda be made to the public?

A

48 hours

40
Q

What is the order of business on the agenda?

A
  • pledge of Allegiance
  • Statement of public notice OPMA Notice
  • Roll call
  • Approval of previous meeting minutes
  • Presentation of petitions and communications
  • Reports from officials
  • Reports from special committees
  • Reports from standing committees
  • unfinished business
    New business
  • Approval of payment of bills
  • Public comment
  • Adjournment
41
Q

When can order on business be changed?

A
  • Receipt of Bids
  • Public Hearing on proposed assessment or pending ordinances
  • matters of immediate general concern
  • Presence of a public figure the Governing Body wishes to hear from.
42
Q

from.

A
43
Q

True /False are agenda public record ?

A

True

44
Q

Define Consent Agenda?

A

Rapid, effective action on routine and non constroval matters needing no discussion

45
Q

Give examples of items that could be on a Consent Agenda ?

A
  • licenses
  • previously circulated minutes
  • routine financial matters
  • receipt of monthly payments
  • routine resolutions of congratulations
  • Awards of contracts that are common or routine in nature
46
Q

Are Consent Agendas items discussed individually?

A

No

47
Q

What happens if an item on the Consent Agenda needs discussion ?

A

It is removed from the Consent Agenda and voted on separately

48
Q

When is a Reorganization Meeting held ?

A

Annually at the beginning of the Governing Body operational year

49
Q

If the governing bodies fiscal year begins on January 1st when must their reorganization meeting meeting be held?

A

It must be held at noon on January 1st or at another hour and day during the 1st 7 calendar days of the year

50
Q

If a governing bodies fiscal year starts July 1st when must their reorganization meeting be held?

A

The meeting must be held on July 1st each year

51
Q

What are the items for business at Annual reorganization meeting?

A

Appointments
Mayor if applicable
Council president
New governing body members
Municipal attorney and other municipal officials whose term expired
Professional service appointments
Expired or vacated terms on all municipal boards
Rules of order
Annual meeting calendar
Established depositories for municipal funds
Establish an annual newspaper

52
Q

What is the definition of an ordinance?

A

An act or regulation of the Governing Body that must be read at more then one meeting and be published

53
Q

What is the definition of a resolution?

A

It only has to be read once and is passed at the meeting it is introduced it is not required to be published

54
Q

Is the legal effect of a resolution the same as an ordinance?

A

Yes

55
Q

What is the timeliness for adopting and Ordinance from beginning to end ?

A
  1. Written document
  2. Read by title only
  3. Published at least 1 week prior to public hearing
  4. Public Hearing must be at least 10 days after the 1st reading
  5. Final adoption must be at least 10 days after the first reading
  6. Requires an affirmative vote of the majority of the Governing Body present
  7. Ordinance must be spread in full in the minutes
56
Q

When calculating the advertising date does the date of publication or the date of the hearing count?

A

The date of the hearing

57
Q

What is the definition of Codification?

A

Systematic arrangement of a municipalities adopted ordinance

58
Q

Is codification the code book ?

A

Yes

59
Q

What must be in the minutes?

A

Time , place, members present, subjects considered, action taken and the vote of each member

60
Q

How are minutes defined in Roberts Rules ?

A

Record of what is done not what is said

61
Q

Does the Municipal Clerk have to sign the minutes?

A

Yes , and Faulkner municipalities must be signed by the mayor as well

62
Q

Do minutes have to be accessible to the public ?

A

Yes

63
Q

What is Parliamentary Procedure?

A

Rules and regulations needed to conduct business of an organization

64
Q

What are examples of Parliamentary Procedure?

A

Roberts Rules

Cushing Manual

65
Q

What is a motion ?

A

It is though motions that the business of an organization is transacted

66
Q

How are Motions Ranked?

A 
PMS IS e-MOTION-al
Privileged Motion
Main Motion
Subsidiary Motion 
Incidental Motion 
Special Motion
67
Q

Does a special motion come before a main motion?

A

No

68
Q

True of False privileged motion is ranked the highest?

A

True

69
Q

Name an example of a Privileged Motion ?

A 
Set time for next meeting
Adjourn
Recess
Question of privilege 
Orders of the day
70
Q

Example of main motion?

A

Proposal to commit the organization to action

Most Resolutions

71
Q

Example of Subsidiary Motion ?

A 
Lay on the table
End debate
Limit or extend debate
Postpone to a definite time
Refer to committee 
Amend
Postpone Indefinitely
72
Q

Examples of Incidental Motions?

A 
Division of question
Division of Assembly 
Withdraw or modify a motion
Object to consideration
Point of order
Parliamentary inquiry 
Point of information 
Appeal from decision of the chair 
Suspend a rule
73
Q

Example of Special Motion ?

A

Take from the table
Recind, repeal something previously adopted
Reconsider

74
Q

What are the 5 methods of voting?

A 
Voice vote
Roll call vote
Standing vote
Ballot vote
Rule on consent
75
Q

Define privileged Motions?

A

Do not relate to pending business but to special matters of immediate and overriding importance

76
Q

Define main motions?

A

Proposal to commit the organization to action

77
Q

Define Subsidiary Motion ?

A

Change the wording, controls the discussion or disposes of a main motion without accepting or rejection it

78
Q

Define Incidental Motion?

A

Questions of procedure arising out of another pending motion or another motion or item of business

79
Q

Define Special Motion?

A

Motions to reopen matters previously voted upon

80
Q

Does a member have the right to explain his or her vote during voting?

A

No they don’t this would represent debate

81
Q

Abstention is the same as ….

A

Not voting, does not count in the tallying of votes

82
Q

When a Governing Body member abstain from a vote does that count as a no vote ?

A

No , it is considered not voting

NJ MUNICIPAL CLERK (11 decks)

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