N.J. Admin. Code § 10:90-12.9

Current through Register Vol. 56, No. 19, October 7, 2024

Section 10:90-12.9 - Organization of local assistance board

(a) Each municipality that chooses to maintain its operation of the WFNJ/GA program through adoption of a resolution shall organize a local assistance board (LAB); specify the composition of the board and the terms of the office; empower the LAB to appoint a director of welfare; and appoint any other necessary employees. These requirements are mandatory upon every municipality. Where the organization of a LAB is not a requirement under a Faulkner Act municipality, the entity or official designated to serve instead of the LAB should be so recognized. Therefore, the designated alternate shall represent in meaning, the LAB as set forth throughout this chapter, except in LAB membership composition, appointment of agency director and/or other duties that are not appropriate under such structure.

1. Municipalities governed under an optional form of government pursuant to the Faulkner Act are referred to in this chapter as Faulkner Act municipalities. During the transition period to such optional form, the municipal governing body will determine whether the LAB is to be continued or abolished and will act accordingly. After the transition period, the governing body may abolish the LAB only by adoption of the appropriate ordinance.

(b) The LAB shall be composed of either three or five members, as determined by the municipal governing body. On both a three-member board and a five-member board, at least one member must be a woman. While it is not mandatory for a member of the municipal governing body to serve on the LAB, the law prohibits the appointment of more than one such member. Members of the LAB shall serve without compensation but will be allowed necessary and actual expenses.

1. In Faulkner Act municipalities, the municipal governing body may, by adoption of an appropriate ordinance, reorganize the LAB and/or adjust the terms of office of the members. In such event, the LAB shall, nonetheless, be composed as described in this section.

2. Terms of office rules are:

i. For municipalities with a board of three members, the term of one member shall be for one year only, and such one-year term must be assigned to the member of the municipal governing body if there is one. The other two members serve terms of two years each, with expiration dates staggered in order to expire at the end of alternate years.

ii. For municipalities with a board of five members, one member shall serve a term of one year only, and such one-year term must be assigned to the municipality governing body representative if there is one. The other four members serve terms of four years each. Such terms are staggered in order that only one expires at the end of each successive year.

iii. The term of each member of the LAB shall begin on January 1. When a vacancy occurs before the expiration of a term, the new member serves only the unexpired portion of the term of the person he or she is replacing.

iv. When circumstances such as illness or a governmental irregularity preclude timely appointment of a new member, the incumbent shall continue until such new appointee can take office.

v. Annually at the first of each year, each LAB shall organize and select, from among its membership, a chairman and a secretary. The agency director shall be the chief administrative officer of the board.

(c) Each municipality that administers WFNJ/GA shall submit annually a certification form, Status Report for Calendar Year (WFNJ/Form GA-15), to DFD signed by the municipal clerk and attesting to the appointment of the board members, if any, and the agency director. The agency director shall be responsible for informing the municipal clerk and other appropriate local officials regarding the required certification, and arranging for the completion of the Status Report and filing same with DFD on or before March 1 of the year to which the certification applies.

1. Prior to January 1 of the next calendar year, three copies of Form WFNJ/GA-15, with necessary instructions, shall be distributed by DFD to agency directors.

2. Municipalities which fail to submit the required certification in accordance with specified instructions shall not be eligible to receive State financial aid for the ensuing year.

(d) Rules concerning the appointment of the agency director are:

1. Under law, the LAB is solely responsible for the appointment and reappointment of an agency director. Appointment shall be by formal action of the board at a regular or special meeting and such action duly recorded in the minutes. All appointments and reappointments to the position of agency director require the approval of the DFD. The approval process shall include a review by the DFD of the letter of appointment from the LAB, which shall contain the date of the meeting at which the decision was made to appoint or reappoint an agency director; the name of the appointee; the effective date of appointment/ reappointment; and the duration of the term of appointment.

2. In Faulkner Act municipalities where no LAB exists, the authority to appoint the director, with approval of the governing body, is as follows:

i. The manager has the authority to appoint in a council/manager form of government.

ii. The mayor has the authority to appoint, either directly or through his or her appointed department head should the director not be the head of a department, in a mayor/council form of government.

iii. The mayor has the authority to appoint in a small municipality form of government.

3. Qualifications for agency director are as follow:

i. Regardless of the population of a municipality, the duties of an agency director are such that it is essential that the LAB select a person who has the respect of the community, is concerned about needy persons, and has had training and experience in the public or private welfare field.

ii. A candidate for director should have education and experience commensurate with the duties of the office and the administrative responsibilities necessitated by the extent of the WFNJ/GA caseload. Graduation from a college or university and/or courses for credit in public welfare administration or social work are desirable qualifications. However, consideration may be given to a candidate who has at least graduated from high school, and has had two years experience in public or private welfare work or equivalent experience in such related fields as teaching, guidance, nursing, or personnel work.

iii. In situations where the LAB cannot locate a candidate possessing the qualifications enumerated above but nevertheless has a candidate whom it believes capable to function adequately as an agency director, action may be taken as provided in (d)5iii below.

4. The agency director shall be appointed for a full term of five years or a temporary term not to exceed 90 days. Appointment for any other period is prohibited.

i. A full-term appointment shall be for a period of five years, beginning from the date of appointment. When a vacancy occurs and a new director is duly appointed and approved before the expiration of a previous director's term, the new appointee's term of office begins on the date of his or her appointment and continues for five years; it is not limited to the unexpired term of his or her predecessor.

ii. In case of a vacancy in the office of an agency director, one temporary or acting director may be appointed for a term not to exceed 90 days. Such appointment is not subject to extension or renewal.

(1) A protracted illness of whatever duration, so long as it does not exceed the individual's term of office, shall not be construed as a vacancy; however, the LAB may appoint an acting agency director where necessary. The prohibitions of (d)7 below apply to acting directors. Members of the municipal governing body are not eligible for appointment as acting directors.

(2) The temporary appointee may be a member of the LAB, preferably the chairman, a subordinate employee of the agency, or any other person deemed competent to serve as temporary director and so designated by the LAB. The prohibitions of (d)7 below apply to temporary appointees. Members of the municipal governing body are not eligible for temporary appointment.

(3) The appointment of a temporary agency director is an interim measure to ensure the efficient functioning of the municipal agency until a full-term director can be appointed by the LAB and approved by DFD. The LAB is required to notify DFD immediately, in writing, of the name and address of the temporary designee and the date he or she has or will take office. If the temporary director is not to be selected for a full five year term, it is not necessary to submit Form WFNJ/GA-14, Request for State Approval of Municipal Agency Director.

iii. The appointment of a director to a municipal agency, in which the WFNJ/GA program is consolidated into the county agency, shall expire on the effective date of the consolidation, whether the appointment is full-term or temporary.

iv. Reappointment of an incumbent director at the expiration of a current five-year term is solely the responsibility of the LAB. Upon decision of the board to reappoint the incumbent for a full five-year term, the secretary of the LAB will notify the DFD. After receipt of DFD approval, formal action will be taken at a regular or special board meeting and duly recorded in the minutes. In such case, submittal of another Form WFNJ/GA-14 to DFD is not necessary.

(1) Should the LAB decide not to reappoint the incumbent director, or should he or she decline reappointment, it shall be the responsibility of the board to select promptly a new full-term candidate and to secure approval of the DFD (as described in (d)5 below) or to designate a temporary director while a qualified full term candidate is being sought.

(2) Regardless of the type of appointment made, the LAB shall act to assure that the position of director does not remain vacant at any time.

v. Removal of the director from office must be by official action of the LAB and based upon appropriately documented evidence of mismanagement or wrongdoing.

5. Formal appointment to the position of director for a full term is valid only after the candidate's qualifications have been submitted to and approved by DFD.

i. For purposes of securing State approval of a full-term candidate designated by the LAB, the individual shall prepare, in triplicate, Form WFNJ/GA-14, Request for State Approval of Municipal Agency Director, which is certified by the secretary of the LAB. The original shall be submitted to DFD for approval. Copies will be retained in the board's personnel file and by the candidate. (Form WFNJ/GA-14 is available upon request from DFD.)

ii. After receipt of Form WFNJ/GA-14 by DFD, the candidate will be interviewed by a representative of DFD. Questions relevant to the candidate's qualifications will be reviewed with the chairperson of the LAB. A written decision regarding the candidate's qualifications and DFD approval or disapproval will be sent to the secretary of the LAB.

iii. While it is preferable that a candidate for the position of full-term director possess all of the requisite education and experience, the LAB, after failure to find a properly qualified person (see (d)3 above), may recommend an otherwise qualified individual. In such instance, the secretary of the LAB shall submit the Request for State Approval of Municipal Agency Director, accompanied by a letter which includes an account of the efforts made to locate a qualified candidate, the reasons for which the candidate merits consideration, and indication of his or her intention to take advantage of available opportunities for additional training or study.

iv. If the qualifications of a new candidate for the full term position of director have been duly approved by DFD prior to the expiration date of the term of the incumbent director, the LAB may formally appoint the candidate for the full term of office without making an initial "temporary appointment."

6. The municipal agency director is responsible for ensuring equitable and efficient administration of WFNJ/GA within the community, in accordance with standards and policies set forth in this chapter. The agency director is accountable to the LAB. His or her duties and responsibilities include the following:

i. Determinations and redeterminations of eligibility of applicants for and recipients of WFNJ/GA, and determination of the nature and amount of the benefit issued;

ii. Initiation of action to help clients obtain an adequate standard of living, receive essential aid through other agencies or individuals and become self-supporting;

iii. Arrangements for the custodial care by the State, county or competent persons of clients when it is in the best interest of such individuals and the community;

iv. Direction of daily and overall operations of the local agency, including maintenance of records for accounting and statistical purposes relevant to the public assistance program;

v. Supervision of other personnel employed by the local agency;

vi. Functioning as liaison officer between the LAB and DFD; and

vii. Maintenance and protection of all records and appropriate documents required by DFD.

7. The director or any employee of the municipal agency shall not:

i. Seek or hold any elective governmental office, be a member of a county committee of any political party, serve on a local election board, or hold office in a political club. (These limitations are not relevant to elections or positions which are clearly outside of the political process, such as local school board elections.);

ii. Divulge, or make available for political purposes, the names of persons receiving WFNJ/GA; or

iii. Engage in any political activity for the purpose of influencing the political action of or in any way exploiting applicants for or recipients of WFNJ/GA;

(e) The salary of the agency director shall be set by the LAB, subject to approval of the municipal governing body. The setting of salaries of other employees shall be the responsibility of the governing body.

(f) The LAB is responsible for establishment of the official municipal agency office and designation of hours of operation.

1. The office of the municipal agency shall be in a location accessible to the general public and adequate for efficient operation.

2. The office of the municipal agency shall be open to the public a minimum of three hours a day during the five-day work week to take applications for assistance and to provide emergency assistance. Additional arrangements shall be instituted by the LAB to ensure that someone is accessible to the public seven hours a day during the five-day work week to take applications for assistance and provide emergency assistance, and that persons in need of assistance are served without delay at times other than normal office hours.

i. Each municipal agency office shall be required to post a sign(s), in a conspicuous place(s), which lists the telephone number(s) and the person or agency available to handle emergencies beyond normal office hours.

(g) The LAB shall act as a body in discharging its duties. A board member shall not individually take upon himself or herself the responsibility for creation of policy, investigation of a client or disclosure of data contained in a case record. Actions taken by the LAB on all matters pertaining to the administration of WFNJ/GA shall be discharged by the board at regular or special meetings and recorded in the secretary's minutes. Functions and activities of the LAB include the study of employment possibilities in local industry, health, housing, and social conditions of the community. Analysis of municipal financial needs, insofar as they are related to WFNJ/GA, shall also be a matter of concern to the LAB.

1. The LAB shall undertake the following additional activities:

i. Seek and utilize opportunities to interpret to the community the purposes of the WFNJ/GA program as provided by law, and the needs of the community as revealed through the LAB's experience with the administration of the program;

ii. Confer with the director on concerns, criticisms or recommendations coming to it from citizens in the community;

iii. Meet with individuals and organizations interested in the administration of the assistance program;

iv. Accept and act upon complaints relating to the administration of the WFNJ/GA program when submitted to the board, in writing, prior to its meeting;

v. Review problem cases presented by the director for discussion; and

vi. Make recommendations as to the adequacy in number and qualifications of personnel for the administration of the program.

2. Specific duties of the local assistance board include, but are not limited to, the following:

i. The LAB shall provide space within the municipal office for the proper protection and maintenance of all reports, case records and any other materials essential to the administration of WFNJ/GA.

(1) Access to case records shall be granted by the LAB, through the agency director, only to the following persons: employees of the municipal agency acting in an official capacity; representatives of another recognized public or private health or welfare agency, organization or institution for the purpose of obtaining information relevant to providing service to a current or former recipient of WFNJ/GA or to a member of his or her family; the client or his or her representative, in accordance with 10:90-9.11 and authorized representatives of the DFD relevant to State audits and quality control reviews.

(2) As a matter of policy, only the agency director or the LAB, by formal action and for a just cause, shall authorize the removal of a case record from the office.

(3) Information may be released to authorized persons for statistical purposes but shall not bear the name of the public assistance recipient or any other indication of his or her identity; and

ii. Responsibility is vested in the LAB to safeguard the applicants for and/or recipients of public assistance from discrimination by municipal agency employees and vendors who provide services to clients. Any discrimination based upon race, color, sex, religious creed, national origin, marital or birth status, political beliefs or disability is unlawful and subject to appropriate action (see 10:90-1.7) .

(h) Nothing in this section shall be construed so as to allow access to confidential information beyond that authorized in 10:90-1.11.

(i) In Faulkner Act municipalities where no LAB exists, the authority, duties and responsibilities of the LAB resides with the mayor or manager as applicable to the form of government. Functions of the secretary of the LAB are assumed by the municipal clerk.

N.J. Admin. Code § 10:90-12.9

Amended by R.1998 d.42, effective 1/20/1998.
See: 29 New Jersey Register 3971(b), 30 New Jersey Register 389(a).
In (d)1, added a fourth sentence.