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RESOLUTION ACCEPTING THE 2023 AUDIT OF THE COUNTY OF PASSAIC, PURSUANT TO N.J.A.C. 5:30-6.5
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WHEREAS, the County of Passaic (“County”) is a body politic and corporate pursuant to N.J.S.A. 40:18-1 and vested with all rights contained therein; and
WHEREAS, pursuant to N.J.S.A. 40:20-1, the Board of County Commissioners of the County of Passaic (“Board”) is vested with managing the property, finances, and affairs of the County; and
WHEREAS, pursuant to N.J.S.A. 40A:5-4, the County is required to cause an audit of its books, accounts, and fiscal transactions to be made and completed within six (6) months after the close of its fiscal year; and
WHEREAS, pursuant to N.J.S.A. 40A:5-6, the Annual Report of Audit for the year 2023 has been filed by a Registered Municipal Accountant with the Clerk of the Board, and a copy has been received by each member of the Board; and
WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey (“Local Finance Board”) to prescribe reports pertaining to the local fiscal affairs; and
WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board that all members of the governing body have reviewed, at a minimum, the sections of the annual audit entitled “Comments and Recommendations; and
WHEREAS, the members of the Board have personally reviewed at a minimum the Annual Report of Audit for calendar year 2023 (“Annual Audit”), and specifically the sections of the Annual Audit entitled “Comments and Recommendations,” as evidenced by the Group Affidavit Form executed by the Board, attached hereto and made part of this Resolution; and
WHEREAS, pursuant to N.J.A.C. 5:30-6.5, this Resolution is adopted by the Board no later than forty-five (45) days after the receipt of the Annual Audit; and
WHEREAS, all members of the Board have received and familiarized themselves with, at least, the minimum requirements of the Local Finance Board, as stated aforesaid, and have subscribed to the Group Affidavit, as provided by the Local Finance Board, and
WHEREAS, failure to comply with the regulations of the Local Finance Board may subject the members of the Board to the penalty provisions of R.S. 52:27BB-52, to wit:
R.S. 52:27BB-52: A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon con-viction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office.
WHEREAS, this matter was discussed at the August 29, 2024 Administration and Finance Committee meeting, and is being recommended to the Board for approval; and
NOW, THEREFORE, LET IT BE RESOLVED, pursuant to N.J.A.C. 5:30-6.5, the Board of County Commissioners of the County of Passaic hereby states it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this Resolution and the required Group Affidavit to the Local Finance Board to show evidence of said compliance.
LET IT BE FURTHER RESOLVED, that the Clerk of the Board, County Counsel, Chief Financial Officer, and Director of the Board are authorized to take any action necessary to carry out the purpose of this Resolution.
SF September 10, 2024