Title 40A, Title 40A: MUNICIPALITIES AND COUNTIES

40A:4-85. Power to change title or text of appropriation The director may, at the request of the governing body, make such correction of the title, text or amount of any item of appropriation appearing in the adopted budget only as shall be necessary to make said item of appropri…

40A:4-86. Correction of revenue item The director may correct an item of revenue appearing in any adopted budget if any law requires such correction or makes such correction advisable. If such correction shall require that the local purpose levy of the local unit shall be adjuste…

40A:4-87. Special items of revenue and appropriations 40A:4-87. Special items of revenue and appropriations. The director may approve the insertion of any special item of revenue in the budget of any local unit when such item shall have been made available by any public or privat…

40A:4-88. Filing of amendment, correction in local budget 3. The governing body of a municipality that receives funds from the sale of tax sale certificates pursuant to section 2 of P.L.1993, c.113 (C.54:5-113.1) may file any amendment or correction in its local budget that may b…

40A:4-89 Issuance of notes. 3. Any municipality that has ended the previous budget year with a deficit in operations caused, whether in whole or in part, by obligations created from tax appeals, may issue notes with the approval of the Local Finance Board on such conditions as th…

40A:4-9. Amendments to budget 40A:4-9. a. Amendments to budgets required by the director may be made prior to the time of holding the public hearing on the budget, without public advertisement. b. The governing body may amend the budget during or after the public hearing. All ame…

40A:5-1. Short title This chapter shall be known and may be cited as the "Local Fiscal Affairs Law" . L.1960, c. 169, s. 1, eff. Jan. 1, 1962.

40A:5-10. Revocation or cancellation of license Upon proof that any registered municipal accountant shall have knowingly omitted to report any error, omission, irregularity, violation of law or discrepancy found in the books or accounts, or shall have issued false reports of the …

40A:5-11. Advertising for bids unnecessary No local unit shall be required to advertise for bids for any of the work performed pursuant to 40A:5-4. L.1960, c. 169, s. 1, eff. Jan. 1, 1962.

40A:5-12. Annual financial statement and reports of local unit. 40A:5-12. The chief financial officer of each local unit shall file annually with the director a verified statement of the financial condition of the local unit as of the close of the fiscal year. Such statement shal…

40A:5-13. Annual financial statements by boards, committees and commissions of a local unit 40A:5-13. Every board, committee or commission of a local unit which by law is vested with power to expend public moneys, other than by warrant upon its financial officer, shall, not later…

40A:5-14 Adoption of cash management plan. 40A:5-14. a. Each local unit shall adopt a cash management plan and shall deposit, or invest, or both deposit and invest, its funds pursuant to that plan. The cash management plan shall include: (1) the designation of a public depository…

40A:5-14.1. Rules and regulations The Division of Local Government Services shall adopt rules and regulations to implement this act. The division may provide for a grace period of time to permit local administrators flexibility in transferring funds between accounts and for varia…

40A:5-14.10 Effective date. 10. This act shall take effect immediately and shall be retroactive with respect to resolutions for the sale, assignment, lease, transfer, or redevelopment of municipal property that are adopted on or after March 1, 2008. L.2008, c.65, s.10.

40A:5-14.2 Findings, declarations relative to investment of certain municipal funds. 1. The Legislature finds and declares: a. Elected municipal officials are the stewards for the property owned by the municipality. b. It is sometimes necessary or desirable for the municipality t…

40A:5-14.3 Plan for conducting certain transactions involving real property in certain municipalities. 2. a. Whenever a municipality in which casino gaming is authorized intends to sell, assign, lease, or transfer ownership, or any other interest, in any real property, including …

40A:5-14.4 Application for approval of plan relative to disposition of certain assets. 3. a. The governing body of a municipality shall apply to the Local Finance Board on or before the 30th day prior to the closing of an agreement for the disposition of an asset requiring board …

40A:5-14.5 Dedicated trust fund, investment oversight board. 4. a. (1) Upon final approval of an ordinance by the municipal governing body pursuant to subsection c. of section 3 of P.L.2008, c.65 (C.40A:5-14.4), the Local Finance Board may order that the proceeds from the disposi…

40A:5-14.6 Duties of investment oversight board. 5. a. An investment oversight board created pursuant to section 4 of P.L.2008, c.65 (C.40A:5-14.5), acting in consultation with the Director of the Division of Investment in the Department of the Treasury, shall: (1) establish an i…

40A:5-14.7 Responsibilities of investment oversight board relative to reports. 6. a. Every investment oversight board created pursuant to section 4 of P.L.2008, c.65 (C.40A:5-14.5) shall be responsible for keeping a record of all of its proceedings, which shall be open to public …

40A:5-14.8 Annual audit of dedicated trust funds. 7. a. The accounts of every dedicated trust fund established pursuant to subsection a. of section 4 of P.L.2008, c.65 (C.40A:5-14.5) shall be subject to annual audits by the State Auditor or a designee. In addition, the investment…

40A:5-14.9 Rules, regulations. 9. The Local Finance Board in the Department of Community Affairs may adopt rules and regulations pursuant to the provisions of the "Administrative Procedure Act," P.L. 1968, c.410 (C. 52:14B-1 et seq.) as the Board may deem necessary to implement o…

40A:5-15. Deposit of funds paid to the local unit All moneys, including moneys collected by taxation, received from any source by or on behalf of any local unit or any board or department thereof shall, within 48 hours after the receipt thereof, either a. be paid to the officer c…

40A:5-15.1 Securities which may be purchased by local units. 8. Securities which may be purchased by local units. a. When authorized by a cash management plan approved pursuant to N.J.S.40A:5-14, any local unit may use moneys which may be in hand for the purchase of the following…

40A:5-15.2. Record and report of securities received When said securities are received by the local unit the chief financial officer shall duly record the receiving thereof in an appropriate manner and at the next regular or special meeting after such receipt he shall transmit a …

40A:5-15.3. Securities of local unit purchased by it not to be canceled; sale thereafter Securities of a local unit purchased by it shall not be canceled but may be sold as and when directed by resolution adopted by a majority vote of all the members of the governing body. L.1977…

40A:5-16 - Local unit, requirements for paying out moneys. 40A:5-16. The governing body of any local unit shall not pay out any of its moneys: a. unless the person claiming or receiving payment first presents a detailed bill of items or demand, specifying particularly how the bil…

40A:5-16.1. Advances for expenses of authorized official travel; resolution; verification; repayment of excess Notwithstanding the provisions of N.J.S. 40A:5-16, the governing body of any local unit may, by resolution, provide for and authorize payment of advances to officers and…

40A:5-16.2. Payment of advance to nonprofit organization or agency with which local unit has service contract; resolution; conditions Notwithstanding the provisions of N.J.S. 40A:5-16, the governing body of any local unit may, by resolution, provide for and authorize payment of a…

40A:5-16.3. Payment in advance Notwithstanding the provisions of N.J.S. 40A:5-16 the governing body of any local unit participating in a statutorily authorized joint, inter-local or other cooperative activity may, by resolution, provide for and authorize payment in advance of est…

40A:5-16.4. Issuance, acceptance of purchase order for license or permit fee Except as provided below, whenever a department, agency or bureau of the State requires that the fee for issuing a license or permit be paid in advance, a county, municipality, authority, or other subdiv…

40A:5-16.5 Certain government entities authorized to adopt policies for payment of claims electronically; definitions. 1. a. Notwithstanding any laws, rules, or regulations to the contrary, the governing body of a local unit, board of education, or county college may adopt polici…

40A:5-17. Approval and payment of claims and required general books of account Approval and payment of claims and required general books of account. a. Approval of claims. The governing body shall approve or disapprove all claims. In the case of a county, other than a county whic…

40A:5-17.1 Refund, delinquency of less than $10.00 1. a. Notwithstanding the provision of any law to the contrary, the governing body of a municipality may adopt a resolution authorizing a municipal employee chosen by the governing body to process, without further action on the p…

40A:5-18. Public recording of approved claims All claims approved for payment by the local unit shall be recorded by the local unit, either in its minutes or in a manner prescribed by the director. The record of approval shall be open to the public. L.1960, c. 169, s. 1, eff. Jan…

40A:5-19. Payment of salaries and wages The governing body of any local unit may provide by ordinance for the manner in which and the time at which salaries, wages or other compensation for services shall be paid, and prescribe the form and manner in which checks upon the treasur…

40A:5-2. Definitions 40A:5-2. As used in this chapter and any act amendatory to and supplementary thereto unless the context indicates otherwise: "local unit" means any county, municipality, special district or any public body corporate and politic created or established under an…

40A:5-20. Officers to deliver funds and records when term expires Whenever any official ceases to hold office in any local unit, on the day of the expiration of his term of office, he shall forthwith deliver to the clerk of the local unit, or other person who may be designated by…

40A:5-21. Petty cash fund of local unit A local unit may establish a petty cash fund upon written application to and after approval by the director. All matters relating to the establishment, account, repayment and discontinuance of such fund shall be in the discretion of the dir…

40A:5-22. Investigation of expenditures of local unit A judge of the Superior Court may, in his discretion, make a summary investigation into the affairs of any local unit and appoint an expert or experts to prosecute such investigation whenever a. a petition for such investigati…

40A:5-23. Costs, taxation and payment bond The judge, if he deems it advisable, may require the applicants to furnish a bond to be filed with the county clerk for the payment of the costs and expenditures of the investigation. The costs, including witness fees and mileage, shall,…

40A:5-24. Filing and publication of report of investigation The results or report of the investigation shall be filed in the office of the Clerk of the Superior Court within 10 days after the completion thereof. The judge shall cause the results of the investigation to be publish…

40A:5-25. Attorney of local unit may appear on its behalf Whenever an investigation shall have been ordered to be made pursuant to this chapter, and the governing body of the local unit shall pass a resolution directing its attorney, counsel or other legal representative, as it m…

40A:5-26. Subpoenas and testimony of witnesses A judge of the Superior Court during the conduct of an investigation pursuant to this chapter may a. upon his own motion or upon application of the expert designated to conduct such investigation, exercise the subpoena powers of the …

40A:5-27. Witness fees and mileage taxed as costs Witnesses subpoenaed by virtue of this chapter shall be entitled to receive the same fees and mileage as witnesses in civil actions. L.1960, c. 169, s. 1, eff. Jan. 1, 1962.

40A:5-28. Duty of officers and employees of local unit Every officer and employee of a local unit, which is the subject of a summary investigation as provided in this chapter, shall obey all orders of the judge and shall facilitate the conduct of the said investigation. A refusal…