[HISTORY: Adopted by the City Council of the City of Trenton 8-16-2012 by Ord. No.
12-25. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The Trenton Ethics Board.
Any corporation, partnership, fun, enterprise, franchise,
association, trust, sole proprietorship, union or other legal entity.
The City Council of the City of Trenton; Mercer County, New
Jersey.
The ownership or control of more than 10% of the profits,
assets or stock of a business organization or any interest whatsoever
which yields directly or indirectly to the local government officer
or employee or member of his/her immediate family a monetary or other
material benefit but shall not include the control of assets in a
nonprofit entity or labor union.
The City of Trenton, and any such agency, board, or commission
or other instrumentality thereof, and any independent local authority,
including any entity created by more than one county or municipality,
which performs functions other than of a purely advisory nature, but
shall not include a school board.
Any person, whether compensated or not, whether part time
or full time, employed by or serving a local government agency, who
is not a local government officer, but shall not mean any employee
or a school district.
Any person, whether compensated or not, whether part time
or full time:
Elected to any office of the City of Trenton;
Serving on a local governmental agency which has the authority
to enact ordinances, approve development applications or grant zoning
variances;
Who is a member of an independent municipal, county or regional
authority;
Who is a managerial executive or confidential employee of a
local government agency, as defined in Section 3 of the New Jersey
Employer-Employee Relations Act, P.L. 1941, c. 100 (N.J.S.A. 34:13A-3),
and members of various boards, committees, authorities and commissions
as set forth in the Rules and Regulations of the Municipal Ethics
Board, but shall not mean any employees of a school district or member
of a school board.
The spouse, domestic partner, partner in civil union, blood
or adopted relative of a local government officer or employee residing
in the same household.
B.
No more than three members of the ethics board shall be of the same
political party, at least two of whom shall be public members.
C.
The members of the Trenton Ethics Board shall annually elect a chairman
from among the membership.
D.
The members shall serve for a term of five years, except that of
the members initially appointed, two of the public members shall be
appointed to serve for a term of five years, one member shall be appointed
to serve for a term of four years, and the remaining members shall
be appointed to serve for a term of three years. Each member shall
serve until his successor has been appointed and qualified. Any vacancy
occurring in the membership of the Ethics Board shall be filled in
the same manner as the original appointment for the unexpired term.
E.
Members of the Trenton Ethics Board shall serve without compensation
but shall be reimbursed by the municipality for necessary expenses
incurred in the performance of their duties under this chapter.
A.
Within 90 days after the establishment of a municipal ethics board,
the Trenton Ethics Board shall promulgate, by resolution, a municipal
Code of Ethics:
(1)
For all local government officers and employees serving the municipality.
Local government officers and employees serving a municipal independent
authority shall be deemed to be serving the municipality for purposes
of this chapter; and
(2)
That shall be either identical to the provisions set forth in N.J.S.A.
40A:9-22.1 or more restrictive, but shall not be less restrictive;
and
(3)
That shall be published, along with a notice of the date of the public
hearing to be held thereon, in at least one newspaper circulating
within Trenton and shall be distributed to the City Clerk and to the
heads of the local government agencies serving Trenton for circulation
among the local government officers and employees serving Trenton
within 15 days following the promulgation thereof.
B.
The Trenton Ethics Board shall hold a public hearing on the municipal
Code of Ethics not less than 30 days following its promulgation, at
which any local government officer or employee serving the municipality
and any other person wishing to be heard shall be permitted to testify.
As a result of the hearing, the Ethics Board may amend or supplement
the municipal Code of Ethics as it deems necessary.
C.
If the municipal Code of Ethics is not identical to the provisions
set forth in N.J.S.A. 40A:9-22.1, the Trenton Ethics Board shall thereafter
submit the municipal Code of Ethics to the Local Finance Board for
approval.
D.
The municipal ethics codes shall not be in effect until 60 days after
it is approved by the Local Finance Board by affirmative action or
failure to act pursuant to N.J.S.A. 40A:9-22.21.
E.
A municipal Code of Ethics identical to the provisions set forth
in N.J.S.A. 40A:9-22.1 shall take effect 10 days after the public
hearing held thereon.
F.
The Trenton Ethics Board shall forward a copy of the municipal Code
of Ethics to the City Clerk and shall make copies of the municipal
Code of Ethics available to local government officers and employees
serving the City of Trenton.
The Trenton Ethics Board shall have the following powers:
A.
To initiate, receive, hear and review complaints and hold hearings
with regard to possible violations of the City of Trenton Code of
Ethics or financial disclosure requirements by local government officers
or employees serving the City of Trenton;
B.
To issue subpoenas for the production of documents and the attendance
of witnesses with respect to its investigation of any complaint or
to the holding of a hearing;
C.
To forward to the Mercer County prosecutor or the Attorney General
or other governmental body any information concerning violations of
the City of Trenton municipal Code of Ethics or financial disclosure
requirements by local government officers or employees serving the
City of Trenton which may become the subject of criminal prosecution
or which may warrant the institution of other legal proceedings by
the Attorney General;
D.
To render advisory opinions to local government officers or employees
serving the City of Trenton as to whether a given set of facts and
circumstances would constitute a violation of any provision of the
municipal code of ethics or financial disclosure requirements;
E.
To enforce the provisions of the municipal Code of Ethics and financial
disclosure requirements with regard to local government officers or
employees serving the City and to impose penalties for the violation
thereof as are authorized by this act; and
F.
To adopt rules and regulations and to do other things as are necessary
to implement the purposes of this chapter.
A.
A local government officer or employee serving the City of Trenton
may request and obtain from the Trenton Ethics Board an advisory opinion
as to whether any proposed activity or conduct would in its opinion
constitute a violation of the municipal Code of Ethics or any financial
disclosure requirements. Advisory opinions of the Trenton Ethics Board
shall not be made public, except when the Ethics Board by the vote
of 2/3 of all of its members directs that the opinion be made public.
Public advisory opinions shall not disclose the name of the local
government officer or employee unless the Ethics Board, in directing
that the opinion be made public so determines.
B.
The Trenton Ethics Board, upon receipt of a signed written complaint by any person alleging that the conduct of any local government officer or employee serving the City of Trenton is in conflict with the municipal Code of Ethics or financial disclosure requirements, shall acknowledge receipt of the complaint within 30 days of receipt and initiate an investigation concerning the facts and circumstances set forth in the complaint. The Trenton Ethics Board shall make a determination as to whether the complaint is within its jurisdiction or frivolous or without any reasonable factual basis. If the Ethics Board shall conclude that the complaint is outside its jurisdiction, frivolous or without factual basis, it shall reduce that conclusion to writing and shall transmit a copy thereof to the complainant and to the local government officer or employee against whom the complaint was filed. Otherwise, the Ethics Board shall notify the local government officer or employee against whom the complaint was filed of the nature of the complaint and the facts and circumstances set forth therein. The officer or employee shall have the opportunity to present the Ethics Board with any statement or information concerning the complaint which he wishes. Thereafter, if the Ethics Board determines that a reasonable doubt exists as to whether the local government officer or employee is in conflict with the municipal Code of Ethics or any financial disclosure requirements, it shall conduct a hearing in the manner prescribed by § 70-4 of this chapter, concerning the possible violation and any other facts and circumstances which may have come to its attention with respect to the conduct of the local government officer or employee. The Trenton Ethics Board shall render a decision as to whether the conduct of the officer or employee is in conflict with the municipal Code of Ethics or any financial disclosure requirements. This decision shall be made by no less than 2/3 of all members of the Ethics Board.
C.
If the Ethics Board determines that the officer or employee is in
conflict with the Code or any financial disclosure requirements, it
may impose any penalties which it believes appropriate within the
limitations of this chapter. A final decision of the Ethics Board
may be appealed to the Local Finance Board within 30 days of the decision.
D.
All statements, complaints, requests or other written materials filed
pursuant to this chapter, and any rulings, opinions, judgments, transcripts
or other official papers prepared pursuant to this chapter, shall
be preserved for a period of at least five years from the date of
filing or preparation, as the case may be.
A.
An appointed local government officer or employee found guilty by
the Trenton Ethics Board of the violation of any provision of this
chapter or of any Code of Ethics in effect pursuant to this chapter
shall be fined not less than $100 nor more than $500, which penalty
may be collected in a summary proceeding pursuant to the penalty enforcement
law (N.J.S.A. 2A:58-10 et seq.). The Trenton Ethics Board shall report
its findings to the office or agency having the power of removal or
discipline of the appointed local government officer or employee and
may recommend that further disciplinary action be taken.
B.
An elected local government officer or employee found guilty by the
Trenton Ethics Board of the violation of any provision of this chapter
or of any Code of Ethics in effect pursuant to this chapter shall
be fined not less than $100 nor more than $500, which penalty may
be collected in a summary proceeding pursuant to the penalty enforcement
law (N.J.S.A. 2A:58-10 et seq.).
The finding by the Local Finance Board or Trenton Ethics Board
that an appointed local government officer or employee is guilty of
the violation of the provisions of this chapter, or of any Code of
Ethics in effect pursuant to this chapter, shall be sufficient cause
for his removal, suspension, demotion or other disciplinary action
by the officer or agency having the power of removal or discipline.
When a person who is in the career service is charged with violating
the provisions of this chapter, or of any Code of Ethics in effect
pursuant to this chapter, the procedure lending to removal, suspension,
demotion or other disciplinary action shall be governed by any applicable
procedures of Title 11A of the New Jersey Statutes and the rules promulgated
pursuant thereto.
All hearings required pursuant to this chapter shall be conducted
in conformity with the rules and procedures, insofar as they may be
applicable, provided for hearings by a state agency in contested cases
under the Administrative Procedure Act, P.L. 1968, c. 410 (N.J.S.A.
52:14B-1 et seq.).
A.
The governing body of the municipality shall provide the Trenton
Ethics Board with offices for the conduct of its business and the
preservation of its records, and shall supply equipment and supplies
as may be necessary.
B.
All necessary expenses incurred by the Board and its members shall
be paid, upon certification of the chairman, by the municipal treasurer
within the limits of funds appropriated by the municipal governing
body by annual or emergency appropriations for those purposes.
C.
The Board may appoint employees, including independent counsel and
clerical staff, as are necessary to carry out the provisions of this
chapter within the limits of funds appropriated by the municipal governing
body for those purposes.
