The offices of the Executive and the members
of the Board of County Commissioners, the Sheriff, Clerk, Surrogate
and Register of Deeds and Mortgages shall be the only elective County
offices. Candidates for office shall have such qualifications and
be nominated and elected as required by the Charter and otherwise
by law at a general election, or, if there is no general election
in a year when an election is required to fill a vacancy, at an election
to be held on the first Tuesday after the first Monday in November
of such year, in accordance with the provisions of Title 19 of the
Revised Statutes.
No elected or appointed officer shall hold or
retain any other office the simultaneous holding of which is specifically
prohibited by law or any other office which is incompatible with his/her
County office. For purposes of this section, "incompatible offices"
are offices declared by law or by judicial determination to be incompatible
or offices whose statutory duties and functions are in conflict; for
example, when one office is subordinate to the other, or subject to
its control, or requires the incumbent to choose one set of public
duties or obligations over another. Any person accepting such a second
and incompatible office shall upon receipt of an opinion by the County
Counsel declaring such offices to be incompatible or thereafter upon
judgment of any court of competent jurisdiction of the incompatibility,
elect to vacate one of the two offices within 48 hours. For purposes
of this code, it shall not be deemed improper for a person to serve
as the head of two or more departments or as head of a division within
his/her department, or to serve as the head of two or more divisions
within a department.
Unless otherwise provided in the Charter or
this code, in the event of the temporary absence or disability of
any appointed officer or employee, or in the event of a vacancy in
any appointive office, the appointing authority may designate a qualified
person to serve in such office temporarily in an acting capacity for
a period not to exceed 180 days and any such appointee shall have
all the functions, powers and duties of an incumbent until such absence
or disability terminates or such vacancy is filled by permanent appointment.
A.
Every officer or employee of the County who, by virtue
of his/her office or position, is entrusted with the receipt, custody
or expenditure of public moneys or funds and any other officer or
employee who may be required so to do by the Board or Executive shall,
before entering upon the duties of his/her office or position, execute
and deliver a surety bond in such amount as may be fixed by the Board,
binding him/her to the County in its corporate name and conditioned
upon the true and faithful performance of his/her duty. Each officer
or employee required by law to give bond shall execute such a bond
with sufficient surety and deliver same to the Clerk of the Board,
except that the Clerk shall deliver his/her bond to the County Treasurer
before he/she enters upon the discharge of the duties of his/her office.
[Amended 4-17-1979 by Ord. No. O-1979-00112]
B.
If any officer or employee shall neglect to execute
and delivery his/her bond as herein required within 30 days after
due notification of his/her obligation to do so, his/her office may
be declared vacant by the Board.
C.
In every case in which any person is required by the
Charter or otherwise by law to give bond for the faithful performance
of his/her duties, such bond shall be secured by a corporate surety
authorized to do business in this state, and the premium therefor
shall be paid by the County. Each such bond shall be approved by the
County Counsel as to legal form and sufficiency, and nothing in the
section shall be construed to prevent the use of one or more blanket
bonds when so approved.
[Amended 12-12-1979 by Ord. No. O-1979-00373; 12-12-1979 by Ord. No. O-1979-00393; 11-12-1980 by Ord. No. O-1980-01207; 12-29-1993 by Ord.
No. O-1993-00033; 8-17-1994 by Ord. No. O-1994-00017]
A.
There is hereby established an Essex County Ethics
Board.
B.
The Ethics Board shall consist of six persons who
shall be nominated by the County Executive, with the advice and consent
of the Board, for a term of five years. Members shall serve without
compensation and, upon their appointment and during their term, be
residents of Essex County. No two members shall be residents of the
same municipality. At least two of the members shall be public members
who are not employed by Essex County or any of its agencies or of
any the composite municipalities. No more than three of the members
shall be from the same political party. Elected officials shall be
ineligible to serve as a member during his/her term of office and
for a period of five years following the expiration of his/her term
of office.
[Amended 9-7-2011 by Ord.
No. O-2011-00011]
C.
Members shall annually elect from among themselves
a Chairperson who shall preside at all of the meetings. The Ethics
Board shall have the right to, within the limits of the funds appropriated
to it, provide for offices, supplies, equipment, clerical staff and
independent counsel, who shall be appointed yearly.
D.
Within 90 days of the adoption of this section, the
County Board of Ethics shall promulgate a County Code of Ethics and
shall prior to the Code being adopted, conduct public hearings within
30 days. The Code when finally adopted shall be no less stringent
than N.J.S.A. 40A:9-22.1 et seq., and shall be applicable to all persons
employed to the County or any agency or independent authority established
thereunder.
E.
The Ethics Board shall be located within the County
Counsel office, and its powers shall include, without limitation,
the right to:
[Amended 9-7-2011 by Ord.
No. O-2011-00011]
(1)
Initiate, receive, review and hear complaints regarding
possible violations of the County Code of Ethics or the financial
disclosure requirements imposed upon local governmental officials
by the Local Government Ethics Law.
(2)
Issue subpoenas to require testimony or to receive
and review documents.
(3)
Forward any pertinent information or document to the
Attorney General of the State of New Jersey or to the Essex County
Prosecutor or to any other appropriate governmental agency body or
person charged with enforcing the laws of the United States or the
State of New Jersey.
(4)
Render advisory opinions when requested.
(5)
Enforce the provisions of the County Code of Ethics
and financial disclosure laws.
(6)
Adopt such other rules and regulations as may be necessary
to implement this section.
Subject to applicable civil service requirements:
A.
Any officer or employee of the County who shall willfully
violate or evade any provision of law relating to his/her office or
employment, or commit any fraud upon the County, or convert any of
the public property to his/her own use, or knowingly permit any other
so to convert it, or by gross or culpable neglect of duty allow the
same to be lost to the County, shall, in addition to the penalties
imposed by law on conviction thereof, forfeit his/her office or employment.
B.
Any officer or employee of the County who, after lawful
notice or process, and after having been informed of his/her duty
to appear and testify pursuant to N.J.S.A. 2A:81-17.2a et seq., shall
willfully refuse or fail to appear before any court or judge, any
legislative committee, or any officer, board or body authorized to
conduct any hearing or inquiry, or, having appeared, who shall refuse
to testify or to answer any question regarding the property, government
or affairs of the County or regarding the nomination, election, appointment
or official conduct of any officer or employee of the County, on the
ground that his/her answer would tend to incriminate him/her, shall
forfeit his/her office or employment.
Upon the termination of the term of office or
the employment of any officer or employee, he/she shall forthwith
deliver to his/her successor, or if there be no successor, to the
Executive of the County, all moneys, papers, books, memoranda, accounts
and data of any nature whatever pertaining to his/her office.
A County officer or employee shall not:
A.
Use his/her official authority or influence for the
purpose of interfering with or affecting the result of an election
or nomination for office; or
B.
Directly or indirectly coerce, attempt to coerce,
command, or advise a state, County, or local officer or employee to
pay, lend; or contribute anything of value to a party, committee,
organization, agency, or person for political purposes.
Every County officer and employee whose compensation
is based on full-time service shall refrain from any outside activity
which will lessen or impair his/her ability to perform the duties
of his/her office as he/she is required to do so.
The Board, with the approval of the New Jersey
Civil Service Commission, may provide for the administration of the
merit system within the County by a County Department of Civil Service
which may be established and supervised as provided in the Charter.
[Amended 4-17-1979 by Ord. No. O-1979-00112; 12-13-2006 by Ord. No. O-2006-00016]
Violations of the provisions of this chapter shall be punishable, upon conviction, by the penalties provided for in § 1-1 of this Code.
