N.J. Admin. Code § 5:31-2.14

Current through Register Vol. 56, No. 11, June 3, 2024

Section 5:31-2.14 - Fire district special meetings

(a) Before a fire district can raise money for a firehouse, fire engines, apparatus, ambulances, first-aid vehicles, rescue vehicles, and such other purposes as may be permitted under N.J.S.A. 40A:14-84, and include such amount in the next succeeding annual budget of the fire district under the section for capital appropriations, a special meeting shall be held by the board of fire commissioners to approve the same, so long as the amount to be raised does not exceed five mils on the dollar of the last assessed valuation of the property in the fire district.

(b) A special meeting may be held either on a stand-alone basis or during a regular meeting of the district's board of fire commissioners.

(c) Where a fire district holds its annual election for the board of fire commissioners during the third Saturday in February, legal voters registered to vote in the district shall approve by majority vote, the raising of money for the purposes permitted under N.J.S.A. 40A:14-84. Voting shall be conducted by secret ballot and shall be open between the hours of 6:00 P.M. and 9:00 P.M. or such later closing hour on the same day as may be designated by the board of fire commissioners.

(d) Where a fire district holds its annual election for the board of fire commissioners during the November general election, the amount to be raised for the purposes permitted under N.J.S.A. 40A:14-84 shall be approved by no less than a two-thirds majority vote of the full membership of the board of fire commissioners.

(e) Within seven calendar days of the date of the special meeting, the following shall be submitted to the Division of Local Government Services in such a manner as specified by the Director:

1. An affidavit pursuant to N.J.A.C. 5:31-2Appendix C certifying compliance with the posting and publication requirements set forth at N.J.S.A. 40A:14-84 and N.J.A.C. 5:31-2Appendix C;

2. An affidavit pursuant to N.J.A.C. 5:31-2Appendix D, which:

i. Certifies the results of the special meeting; and

ii. Certifies that the special meeting was conducted in accordance with the provisions of N.J.S.A. 40A:14-84;

3. A copy of the notice posted in five public places within the district;

4. Proof of publication for the newspaper notices required pursuant to N.J.S.A. 40A:14-84; and

5. For fire districts whose annual election for board of fire commissioners is held on the third Saturday in February, a copy of the question(s) provided to voters.

(f) Any individual certifying to willfully false statements in an affidavit submitted pursuant to (e) above shall be subject to punishment pursuant to law.

N.J. Admin. Code § 5:31-2.14

New Rule, R.2021 d.006, effective 1/4/2021.
See: 52 N.J.R. 1489(a), 53 N.J.R. 53(a).