New Jersey Administrative Code
Title 5 - COMMUNITY AFFAIRS
Chapter 30 - LOCAL FINANCE BOARD
Subchapter 5 - CERTIFICATIONS OF AVAILABILITY OF FUNDS, AND ACCOUNTING SYSTEM REQUIREMENTS FOR LOCAL UNITS
Section 5:30-5.3 - General requirements
Current through Register Vol. 56, No. 18, September 16, 2024
(a) The chief financial officer of a local unit, appointed pursuant to 40A:9-140.1 et seq. or 40A:9-28.1 et seq., shall be responsible for determining the availability of sufficient funds for all contracts and amendments thereto. The delegation of this duty by the chief financial officer does not relieve him or her of this responsibility.
(b) The governing bodies of all other local units shall designate by resolution or ordinance, as appropriate, an individual to serve as the certifying finance officer. The certifying finance officer shall be responsible for determining the availability of sufficient funds for all contracts and amendments thereto. The delegation of this duty by the certifying finance officer does not relieve him or her of this responsibility.
(c) If a purchase or the execution of a contract does not require, either by State law or any State or local regulation, specific authorization by formal action of the governing body, then the individual approving the contract or release of the purchase order shall be able to ascertain from an appropriate entry made into the local unit's encumbrance system by the chief financial officer or certifying finance officer, as appropriate, that there are available sufficient uncommitted appropriations to provide for the payment. The administrative official or employee shall be so authorized pursuant to N.J.S.A. 40A:11-3.
(d) Notwithstanding (c) above, if a local unit subject to the Local Authorities Fiscal Control Law (N.J.S.A. 40A:5A-1 et seq.) does not maintain an encumbrance system, the certifying finance officer of the local unit shall, at a minimum, maintain a record of all open contracts, including open purchase orders. If a purchase or the execution of a contract does not require, either by State law or any State or local rule, specific authorization by formal action of the governing body, the individual approving the contract or release of the purchase order shall consult with the record of open contracts in determining whether there are available sufficient uncommitted appropriations to provide for the payment.