[HISTORY: Adopted by the Township Committee of the Township of Hillsborough 12-10-1991 by Ord. No. 91-29 (Ch. 17 of the 1977 Code).
Amendments noted where applicable.]
A.
It is the purpose of this chapter to provide a method
of assuring that standards of ethical conduct and financial disclosure requirements
for local government officers and employees of the Township of Hillsborough
shall be clear, consistent and uniform in their application and enforceable
and to provide those local government officers or employees with advice and
information concerning possible conflicts of interests which might arise in
the conduct of their public duties.
B.
It is the further purpose of this chapter to implement
the provisions of the Local Government Ethics Law, P.L. 1991, c. 29, N.J.S.A.
40A:9-22.1 et seq.
C.
This chapter is enacted under the authority of the Local
Government Ethics Law, P.L. 1991, c. 29, N.J.S.A. 40A:9-22.1 et seq.
As used in this chapter, the following terms shall have the meanings
indicated:
Any corporation, partnership, firm, enterprise, franchise, association,
trust, sole proprietorship, union or other legal entity.
The ownership or control of more than 10% of the profits, assets
or stock of a business organization, but shall not include the control of
assets in a nonunion profit entity or labor union.
Any agency, board, governing body, including the chief executive
officer, office, commission or other instrumentality within the Township of
Hillsborough and any independent local authority created by or appointed under
the authority of the Township of Hillsborough which performs functions other
than of a purely advisory nature.
Any person, whether compensated or not, whether part-time or full-time,
employed by or serving on an agency who is not a local government officer.
Any person, whether compensated or not, whether part-time or full-time,
elected to any office of a local government agency; serving on a local government
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; or 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), but shall not mean any
employee of a school district or member of a school board.
The spouse or dependent child of a local government officer or employee
residing in the same household.
A.
Local government officers of the Township shall annually
file a financial disclosure statement. All financial disclosure statements
shall include the following information, which shall specify, where applicable,
the name and address of each source and the local government officer's job
title:
(1)
Each source of income, earned or unearned, exceeding
$2,000 received by the local government officer or a member of his or her
immediate family during the preceding calendar year. Individual client fees,
customer receipts or commissions on transactions received through a business
organization need not be separately reported as sources of income. If a publicly
traded security is the source of income, the security need not be reported
unless the local government officer or member of his or her immediate family
has an interest in the business organization.
(2)
Each source of fees and honorarium having an aggregate
amount exceeding $250 from any single source for personal appearances, speeches
or writings received by the local government officer or a member of his or
her immediate family during the preceding calendar year.
(3)
Each source of gifts, reimbursements or prepared expenses
having an aggregate value exceeding $400 from any single source, excluding
relatives, received by the local government officer or a member of his or
her immediate family during the preceding calendar year.
(4)
The names and addresses of all business organizations
in which the local government officer or a member of his or her immediate
family had an interest during the preceding calendar year.
(5)
The address and brief description of all real property
in the state in which the local government officer or a member of his or her
immediate family held an interest during the preceding calendar year.
B.
The Hillsborough Township Ethical Standards Board shall
prescribe a financial disclosure statement form for filing purposes. If a
financial disclosure statement form has been promulgated by the New Jersey
Local Finance Board, in accordance with the New Jersey Local Government Ethics
Law[1], then that form shall be used. The Township Clerk shall make the
forms available to the local government officers required to file a financial
disclosure statement.
[1]
Editor's Note: See N.J.S.A. 40A:9-22.1 et seq.
C.
The original statement shall be filed with the Township
Clerk within 90 days after the effective date of the New Jersey Local Government
Ethics Law.[2] All subsequent statements shall be filed on or before April 30
of each year. A copy of the statements shall be filed with the Hillsborough
Township Ethical Standards Board.
[2]
Editor's Note: See N.J.S.A. 40A:9-22.1 et seq.
D.
All financial disclosure statements filed shall be public
records.
A.
There is hereby established the Hillsborough Township
Ethical Standards Board, consisting of six members who are residents of the
Township, at least two of whom shall be public members. The members of the
Board shall be appointed by the Township Committee. The members shall be chosen
by virtue of their known and consistent reputation for integrity and their
knowledge of local government affairs. No more than three members of the Board
shall be of the same political party.
B.
The members of the Hillsborough Township Ethical Standards
Board shall annually elect a Chairperson from among the membership.
C.
The members shall serve terms of five years; except that
of the members initially appointed, two of the public members shall be appointed
to serve for terms 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 terms of three years. Each member shall serve until his or her successor
has been appointed and qualified. Any vacancy occurring in the membership
of the Board shall be filled in the same manner as the original appointment
for the unexpired term.
D.
Members of the Board shall serve without compensation
but shall be reimbursed for necessary expenses incurred in the performance
of their duties under this chapter.
E.
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, N.J.S.A. 52:14B-1 et seq.
A.
The Township Committee shall provide the Hillsborough
Township Ethical Standards Board with the facilities needed for the conduct
of its business and the preservation of its records and shall supply equipment
and supplies as may be necessary and as may be provided for in the annual
municipal budget.
B.
All necessary expenses incurred by the Hillsborough Township
Ethical Standards Board and its members shall be paid, upon certification
of the Chairperson of the Board, by the Township Treasurer, within the limits
of funds appropriated in the annual budget or by emergency appropriations
for those purposes.
C.
The Hillsborough Township Ethical Standards Board may
request and receive assistance from local government Township officers and
employees, including the Township Clerk and the Township Attorney, and 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 Township Committee for those purposes in the annual
budget.
A.
Within 90 days after the establishment of the Hillsborough
Township Ethical Standards Board, the Board shall promulgate by resolution
a Code of Ethics for all local government officers and local government employees
serving the Township. Local government officers and local government employees
serving a Township-independent authority shall be deemed to be serving the
Township for purposes of this chapter. Until such time as the Hillsborough
Township Ethical Standards Board shall have adopted a Code of Ethics, the
provisions set forth in N.J.S.A. 40A:9-22.5 shall serve as the Code of Ethics.
B.
The Code of Ethics promulgated by the Board shall be
either identical to the provisions set forth in N.J.S.A. 40A:9-22.5 or more
restrictive but shall not be less restrictive.
C.
Within 15 days following the promulgation thereof, the
Code of Ethics and a notice of the date of the public hearing to be held on
the Code of Ethics shall be published in the newspaper designated for the
publication of official notices for the Township and shall be distributed
to the Township Clerk and to the department heads of the local government
agencies for circulation among the local government officers and local government
employees serving the Township.
D.
The Hillsborough Township Ethical Standards Board shall
hold a public hearing on the Code of Ethics not less than 30 days following
its promulgation, at which any local government officer or local government
employee of the Township and any other person wishing to be heard shall be
permitted to testify.
E.
As a result of the hearing, the Board may amend or supplement
the Code of Ethics as it deems necessary.
F.
If the Code of Ethics is not identical to the provisions
set forth in N.J.S.A. 40A:9-22.5, the Hillsborough Township Ethical Standards
Board shall, as required by law, submit the Code of Ethics to the New Jersey
Local Finance Board for approval.
G.
If the Local Finance Board fails to act within 60 days
of the submission, the Code of Ethics shall be deemed approved.
H.
A Code of Ethics requiring approval by the New Jersey
Local Finance Board shall take effect after approval by said Board.
I.
A Code of Ethics identical to the provisions set forth
in N.J.S.A. 40A:9-22.5 shall take effect 10 days after the public hearing.
J.
The Board shall forward a copy of the Code of Ethics
to the Township Clerk and shall make copies available to local government
officers and local government employees serving the Township.
The Hillsborough Township Ethical Standards Board shall have the following
powers:
A.
To initiate, receive, hear and review complaints and
hold hearings with regard to possible violations of the Municipal Code of
Ethics or financial disclosure requirements by local government officers or
employees serving the Township.
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 county prosecutor or the Attorney General
or other governmental body any information concerning violations of the Code
of Ethics or financial disclosure requirements by officers or employees serving
the Township 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 Township as to whether a given set of facts and circumstances
would constitute a violation of any provision of the Code of Ethics or financial
disclosure requirements.
E.
To enforce the provisions of the Code of Ethics and financial
disclosure requirements with regard to local government officers or employees
serving the Township and to impose penalties for the violation thereof as
are authorized by this chapter.
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 of the Township
of Hillsborough may request and obtain from the Hillsborough Township Ethical
Standards Board an advisory opinion as to whether any proposed activity or
conduct would, in its opinion, constitute a violation of the Code of Ethics
or any financial disclosure requirements.
B.
Advisory opinions shall not be made public, except when
the Board, by the vote of 2/3 of all of its members, directs that the
opinion be made public.
C.
Public advisory opinions shall not disclose the name
of the local government officer or employee unless the Board, in directing
that the opinion be made public, so determines.
A.
The Hillsborough Township Ethical Standards Board, upon
receipt of a signed written complaint by any person alleging that the conduct
of any local government officer or employee of the Township of Hillsborough
serving the Township is in conflict with the 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.
B.
The Board shall make a determination as to whether the
complaint is within its jurisdiction or frivolous or without any reasonable
factual basis.
C.
If the 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 of the Township of Hillsborough
against whom the complaint was filed.
D.
If the Board shall conclude that the complaint is within
its jurisdiction and has at least a minimal factual basis, the Board shall
notify the local government officer or employee of the Township of Hillsborough
against whom the complaint was filed of the nature of the complaint and the
facts and circumstances set forth therein.
E.
The local government officer or employee shall have the
opportunity to present the Board with any statement or information concerning
the complaint which he or she wishes.
F.
If the Board determines that a reasonable doubt exists
as to whether the local government officer or employee of the Township of
Hillsborough is in conflict with the Municipal Code of Ethics or any financial
disclosure requirements, the Board shall conduct a hearing concerning the
possible violation and any other facts and circumstances which may have come
to the attention of the Board with respect to the conduct of the officer or
employee.
G.
The Board shall render a decision as to whether the conduct
of the local government officer or employee is in conflict with the Code of
Ethics or any financial disclosure requirements. This decision shall be made
by no less than 2/3 of all members of the Board.
H.
If the Board determines that the local government 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 limits
of this chapter.
I.
Any decision of the Hillsborough Township Ethical Standards
Board shall be appealable as of right to the Local Finance Board in the local
government service of the Department of Community Affairs.
A.
An appointed local government officer or employee of
the Township of Hillsborough found guilty by the Hillsborough Township Ethical
Standards 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:58-1.[1] The Hillsborough Township Ethical Standards 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.
[1]
Editor's Note: Repealed by L. 1999, c. 274. See N.J.S.A. 2A:58-10
et seq.
B.
An elected local government officer or employee of the
Township of Hillsborough found guilty by the Hillsborough Township Ethical
Standards 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:58-1).
C.
The findings by the Hillsborough Township Ethical Standards
Board that an appointed local government officer or employee of the Township
of Hillsborough 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 or her removal, suspension, demotion or other disciplinary action
by the officer or agency having the power of removal or discipline.
All statements, complaints, requests or other written materials filed
pursuant to this section and any rulings, opinions, judgments, transcripts
or other official papers prepared pursuant to this chapter shall be preserved
for a period of five years from the date of filing or preparation, as the
case may be.