[1999 Code § 2.04.030]
a.
Findings. In order to maintain public confidence in the operation
of local government at the highest possible level and to avoid even
the appearance of impropriety, certain restrictions should be placed
upon former elected officers and critical employees of the Township
to govern their dealings with the Township in areas where they may
have had knowledge of or access to information not generally available
to the public.
b.
Definitions. For the purpose of this section, critical employee means
any employee of the Township who holds the position of director of
a department or supervisor of a division or who is licensed by the
State of New Jersey to perform the services performed for the Township.
c.
Restricted Activities. No elected official or critical employee or
former elected official or former critical employee of the Township
shall, for a period of one (1) year next subsequent to termination
of office or employment with the Township:
1.
Appear for or negotiate on behalf of any other party before any board,
agency, body or department of the Township;
2.
Provide any merchandise, materials or service to any board, agency,
body or department of the township except under a contract publicly
bid according to the Local Public Contracts Law; or
3.
Be employed for compensation by the Township, except pursuant to
open competitive examination except that this provision shall not
apply to any member of a recognized bargaining unit who is rehired
according to terms of an existing labor agreement.
d.
Applicability. This section shall not apply to members of a Township
board or commission who serve the Township without compensation, except
that no such person shall represent or appear on behalf of any person
or entity before the board or commission on which he or she served,
for a period of one (1) year after termination of service thereon.
[1999 Code § 2.04.040]
a.
All officers of the Township who are required to file a financial disclosure statement in accordance with subsection 4-2.6 of this chapter shall be required to file in accordance with the provisions of this subsection, under oath, within thirty (30) days of their taking office, a statement listing the names of all members of their immediate family employed on a full-time or part-time basis, by the following governmental entities:
b.
Members of the immediate family, as used in this subsection, shall
mean the spouse, parent, grandparent, brother, sister, stepparent,
stepbrother, stepsister or child of the Township officer.
c.
The disclosure statement required under this subsection shall be
filed annually with the Township Clerk, but no later than the thirtieth
of April.
d.
Penalty. Failure to file a disclosure statement in accordance with
the terms of this subsection within thirty (30) days of taking office
or within thirty (30) days of the date upon which the annual statement
must be filed, or any willful and knowing misrepresentation or concealment
of the required and relevant information, if made with the intent
to conceal or misrepresent the information required to be disclosed
under this subsection, shall result in a fine of not more than five
hundred ($500.00) dollars
e.
The Township Clerk shall have the exclusive authority to institute
and file a complaint in the Municipal Court of Edison against any
person found violating any provision of this subsection.
[1999 Code § 2.04.050]
a.
Whenever the Mayor or any member of the Municipal Council shall be
required by State law to file with the Election Law Enforcement Commission
(ELEC) a report of contributions received by them or on their behalf,
a copy of the report shall simultaneously be filed with the Township
Clerk.
b.
Any reports required to be filed in accordance with this subsection
shall be kept by the clerk and made available for public inspection.
c.
Penalty. Failure to file a copy of any report in accordance with
the terms of this subsection within thirty (30) days of its filing
with the ELEC shall result in a fine of not more than five hundred
($500.00) dollars; and
d.
The Township Clerk shall have the exclusive authority to institute
and file a complaint in the Municipal Court of the Township against
any person found violating any provision of this subsection.
[1999 Code § 2.80.010]
This section shall be known and may be cited as the "Edison
Township Code of Ethics."
[1999 Code § 2.80.020]
The Township Council finds and declares that:
a.
Public office and employment are a public trust;
b.
The vitality and stability of representative democracy depend on
the public's confidence in the integrity of its elected and appointed
representatives;
c.
Whenever the public perceives a conflict between the private interests
and the public duties of a government officer or employee, that confidence
is imperiled; and
d.
Governments have the duty both to provide their citizens with standards
by which they may determine whether public duties are being faithfully
performed, and to apprise their officers and employees of the behavior
which is expected of them while conducting their public duties.
[1999 Code § 2.80.030]
a.
It is the purpose of this section to provide a method of assuring
that standards of ethical conduct and financial disclosure requirements
for officers and employees of the Township shall be clear, consistent,
uniform in their application, enforceable, and to provide those officers
or employees with advice and information concerning possible conflicts
of interest which might arise in the conduct of their public duties.
b.
It is the further purpose of this section 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 section is enacted under the authority of the Local Government
Ethics Law, N.J.S.A. 40A:9-22.1 et seq., and under further authority
granted to the Township under the provisions of Title 40 and 40A of
the New Jersey Statutes.
[1999 Code § 2.80.040]
As used in this section:
Means any agency, board, Governing Body, Mayor, office, commission
or other instrumentality within the Township, and any independent
local authority created by or appointed under the authority of the
Township, which performs functions other than of a purely advisory
nature.
Means any corporation, partnership, firm, enterprise, franchise,
association, trust, sole proprietorship, union or other legal entity.
Means any person, whether compensated or not, whether part-time
or full-time, employed by or serving on a Township agency who is not
a local government officer.
Means the ownership or control of more than ten (10%) percent
of the profits, assets or stock of a business organization but shall
not include the control of assets in a nonprofit entity or labor union.
Means the spouse or dependent child of an officer or employee
residing in the same household.
Means any person, whether compensated or not, whether part-time
or full-time, who:
[1999 Code § 2.80.050]
The provisions of this section shall apply to all employees,
elected officials and appointed officials of the Township.
[1999 Code § 2.80.060]
a.
All officers of the Township, as defined in subsection 4-2.4, shall annually file a financial disclosure statement. A list of all such officers by title shall be prepared by the Business Administrator and adopted annually by resolution of the Council no later than its second meeting of the year. All financial disclosure statements shall include the following information which shall specify, where applicable, the name and address of each source and the officer's job title:
1.
Each source of income, earned or unearned, exceeding two thousand
($2,000.00) dollars received by the 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 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 honorariums having an aggregate amount exceeding
two hundred fifty ($250.00) dollars 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 prepaid expenses having an
aggregate value exceeding four hundred ($400.00) dollars 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 name and address of all business organizations in which the local
government officer or a member of his or her immediate family held
an interest during the preceding calendar year; and
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 Township Ethics 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, then that
form shall be used. The Ethics Board shall make the forms available
to the officers and employees required to file a financial disclosure
statement.
c.
The original statement shall be filed with the Township Clerk within
ninety (90) days after the effective date of this section or the effective
date of the New Jersey Local Government Ethics Law, whichever shall
first occur. All subsequent statements shall be filed on or before
April 30th of each year. A copy of the statement shall be filed with
the Edison Township Ethics Board.
d.
All financial disclosure statements filed shall be public records.
[1999 Code § 2.80.070]
a.
There shall be established the Edison Township Ethics Board consisting
of six (6) members who shall be residents of the Township. The members
of the Board shall be appointed by the Township Council. 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 (3) members of the board shall be of the same political
party. No one may be appointed a member if he or she has been a county
committee person during a twenty (20) month period prior to appointment.
b.
The members of the Edison Township Ethics Board shall annually elect
a chairperson from among the membership.
c.
The members shall serve for a term of five (5) years; except that
of the members initially appointed, two (2) of the public members
shall be appointed to serve for a term of five (5) years, one (1)
member shall be appointed to serve for a term of four (4) years, and
the remaining members shall be appointed to serve for a term of three
(3) 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 section.
e.
All hearings required pursuant to this section 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 Procedures Act, N.J.S.A. 52-14B-1 et seq.
f.
In the event a hearing is to be held, the officer or employee charged
with violation of this section shall be accorded due process of law,
including but not limited to the following:
[1999 Code § 2.80.080; New]
Officers and employees serving a Township independent authority
shall be deemed to be serving the Township for purposes of this section.
The Edison Township Ethics Board shall adopt a code of ethics, the
provisions set forth in N.J.S.A. 40A:9-22.1 et seq., shall serve as
the code of ethics.
[1999 Code § 2.80.090]
The Edison Township Ethics Board shall have the following powers:
a.
To initiate, receive, hear and review complaints and hold hearings
with regard to possible violations of 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 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 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 officers or employees serving the Township
and to impose penalties for the violation thereof as are authorized
by this section; and
f.
To adopt rules and regulations and to do other things as are necessary
to implement the purposes of this section.
[1999 Code § 2.80.100]
a.
An officer or employee of the Township may request and obtain from
the Edison Township Ethics 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 two-thirds (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 officer
or employee requesting the opinion unless the Board in directing that
the opinion be made public so determines.
[1999 Code § 2.80.110]
a.
The Edison Township Ethics Board, upon receipt of a signed written
complaint by any person alleging that the conduct of any officer or
employee of the Township serving the Township is in conflict with
the code of ethics or financial disclosure requirements, shall acknowledge
receipt of the complaint within thirty (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 officer or employee of the Township 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
officer or employee of the Township against whom the complaint was
filed of the nature of the complaint and the facts and circumstances
set forth therein.
e.
The 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.
Thereafter, if the Board determines that a reasonable doubt exists
as to whether the officer or employee of the Township is in compliance
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
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 two-thirds (2/3) of all members of the Board. The Board
shall notify in writing the complainant and the officer or employee
within thirty (30) days of its decision.
h.
If the 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 limits of this
section.
[1999 Code § 2.80.120]
a.
The Mayor shall provide the Township Ethics 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 Township Ethics Board and
its members shall be paid, upon certification of the chairperson of
the Board, by the Township Director of Finance within the limits of
funds appropriated in the annual budget or by emergency appropriations
for those purposes.
c.
The Township Ethics Board may request and receive assistance from
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 section within the limits of funds appropriated by the Township
Council for those purposes in the annual budget.
[1999 Code § 2.80.130]
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 section
shall be preserved for a period of five (5) years from the date of
filing or preparation, as the case may be.
[1999 Code § 2.80.140]
a.
An appointed officer or employee of the Township found guilty by
the Edison Township Ethics Board of the violation of any provision
of this section or any code of ethics in effect pursuant to this section,
shall be fined not less than one hundred ($100.00) dollars nor more
than five hundred ($500.00) dollars, 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 Edison Township Ethics Board shall report its
findings to the office or agency having the power of removal or discipline
of the appointed officer or employer and may recommend that further
disciplinary action be taken.
b.
An officer or employee of the Township found guilty by the Edison
Township Ethics Board of the violation of any provision of this section
or of any code of ethics in effect pursuant to this section, shall
be fined not less than one hundred ($100.00) dollars nor more than
five hundred ($500.00) dollars, which penalty may be collected in
a summary proceeding pursuant to the Penalty Enforcement Law (N.J.S.A.
2A:58-10 et seq.).
c.
The finding by the Edison Township Ethics Board that an appointed
officer or employee of the Township is guilty of the violation of
the provisions of this section, or of any code of ethics in effect
pursuant to this section, 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.
[1999 Code § 2.92.010]
The purpose of this plan is to ensure the fair and equal treatment
of all residents and employees of the Township. This plan shall apply
to all employees within the municipal government of the Township.
The Business Administrator or his or her designee shall act as the
affirmative action officer and shall supervise the operation of this
plan. Through the Business Administrator, all department heads and
supervisors shall be responsible for the plan's implementation.
[1999 Code § 2.92.020]
The Mayor, with the advice and consent of Council, may appoint a committee, with no more than five (5) members, to assist and advise the administration and affirmative action officer in the establishment and implementation of the community outreach policies provided for in subsection 4-3.5. One (1) member of this committee shall be a member of the Municipal Council appointed by the Council President.
[1999 Code § 2.92.030]
The Department of Administration shall monitor all hiring and
training practices in the Township. The Business Administrator may
designate such other Township officer or employee to implement any
part of this plan he or she deems appropriate. The Department of Administration
shall perform the following duties:
a.
Advise and counsel all employees upon request. All discussions are
to remain strictly confidential;
b.
Maintain a skills bank to identify those employees who may qualify
for promotion;
c.
Review the employee grievance procedure and, when necessary, recommend
improvement therein;
d.
Review all promotional procedures and requirements to eliminate all
discriminatory practices over which the Township has control;
e.
Ensure that all fringe benefits continue to be made available on
a non-discriminatory basis;
f.
Review all transfer applications to ascertain whether discrimination
factors were involved in such transfers;
g.
Interview all Township employees who shall leave Township employment
to ascertain whether discrimination was a factor in the termination
of such employment;
h.
Make an annual review to determine if any pattern of discrimination
exists;
i.
Conduct seminars to ensure that all department heads and supervisors
have knowledge of the plan and are aware of their responsibilities
under the equal opportunity laws;
j.
Review selection procedures to eliminate non-job related factors
over which the Township has control;
k.
Promote the use of minority contractors in the contract procurement
and purchase policies of the Township.
[1999 Code § 2.92.040]
The statement of policy and of this plan shall be distributed
to all employees. It shall appear in the employee handbook and all
other appropriate publications. It shall be distributed at new employee
orientation programs, be made available to all Township employee representatives
and be posted in all areas where applications are received. The statement
of the plan shall be distributed to all Township departments and divisions.
[1999 Code § 2.92.050]
A recruitment program shall be designed to effectuate this plan.
The program shall include recruitment and outreach policies designed
to attract those segments of the population represented heretofore.
The recruitment procedures shall include, but not be limited to, the
following:
a.
Open posting of all employment opportunities on bulletin boards within
the municipal government agencies;
b.
Appropriate public communications, including speaking before any
interested groups to provide information on existing employment opportunities;
c.
Establishing a continuous line of communication with minority and
women's organizations as employment recruiters;
d.
Utilizing, where possible, minority and women's organizations as
employment recruiters;
e.
Advertising employment opportunities in local newspapers and publications
directed toward specific minority groups;
f.
Inclusion of the statement of "Equal Opportunity Employer" in all
newspaper advertisements and notices of employment.
[1999 Code § 2.92.060; Ord. No.
O.1793-2012 § 1]
a.
All persons desirous of employment with the Township shall be given
the opportunity to submit applications. After completion of such applications,
all applicants may discuss with the affirmative action officer or
his or her designee, the availability of present and future employment.
b.
All applications shall remain active for the period of one year (1)
and for six (6) months thereafter upon the request of the applicant.
All applicants shall be notified by the Division of Personnel when
their applications are under present consideration, and the disposition
of same.
c.
Background Checks. Any applicant for employment with the Township
prior to being hired shall be required to submit to the following,
pursuant to N.J.S.A. 40:48-1.4:
1.
A criminal background check; and
2.
A fingerprint check in accordance with applicable State and Federal
laws, rules and regulations.
(a)
The Business Administrator, or his designee, shall be authorized
to exchange fingerprint data with and receive criminal history information
from the State Bureau of Identification (SBI) in the Division of State
Police and the Federal Bureau of Investigation.
(b)
In order to obtain criminal history record information under
this subsection, the Business Administrator, or his designee, shall
submit fingerprint data and the applicable fee to the State Bureau
of Identification. The SBI shall receive all criminal history record
information from the Federal Bureau of Identification and shall disseminate
that information to the Business Administrator or his designee.
3.
No person shall be hired by the Township of Edison without successfully
completing a background check in accordance with this subsection.
d.
Drug and Alcohol Test. Any applicant for employment with the Township
prior to being hired shall be subject to a pre-employment testing
in accordance with the provisions of the Township Drug and Alcohol
Policy. No person shall be hired by the Township of Edison without
passing the pre-employment drug and alcohol test.
e.
Credit Check. Any applicant for employment with the Township prior
to being hired shall be required to submit to a credit check, if the
position the person will be obtaining is in the Finance Department,
the Tax Collector's office and/or involves the handling of cash, checks
or money of any kind or involves access to or control over any of
the Township's bank accounts.
[1999 Code § 2.92.070]
The Township shall make every reasonable effort to make training
and educational experience, which are necessary for promotion to higher
level positions, available to all interested and qualified employees.
The affirmative action officer shall review the effectiveness of training
and education experience and the evaluation of all promotion requirements
to eliminate wherever possible all restrictions on age, sex, physical
characteristics and experience, unless job related, and conducting
of workshops in human relations.
[1999 Code § 2.92.080]
a.
Any employee who believes that he or she has been the subject of
discrimination for any reason whatsoever may present a grievance in
the manner prescribed in the Township's code or in accordance with
the applicable collective bargaining agreement.
b.
If this procedure is complied with and an employee's grievance is
still unresolved, the employee may notify the State of New Jersey
Division of Civil Rights at the following locations:
|
1100 Raymond Boulevard
|
436 State Street
|
|
Newark, New Jersey 07102
|
Trenton, New Jersey 08609
|
|
(201) 648-2700
|
(609) 292-4605
|
c.
The procedures outlined are available to employees on a voluntary
basis. A claim of discrimination may be filed with the State of New
Jersey, Division of Civil Rights, at any time.
[1999 Code § 2.92.090]
Any agreement hereinafter entered into between the Township
and Township employees shall contain an affirmative representation
that the provisions of the contract do not violate the provisions
of the Civil Rights Act of 1964, as amended by the Equal Employment
Opportunities Act of 1972, and the New Jersey Law Against Discrimination
as set forth in N.J.S.A. 10:5-1 et seq.
[1999 Code § 2.92.100]
a.
Communication of the Plan. A copy of this plan shall be tendered
to all employees of the Township, employees' representatives, department
heads and other interested parties by the Department of Administration.
b.
Review of Employment Procedures. The affirmative action officer and
each department shall review any employment structure of their department
to eliminate any vestiges of discrimination. The first of these reviews
shall be made within ninety (90) days of the adoption of the plan
and then annually thereafter.
c.
Ensuring Equal Consideration of All Qualified Applicants. The affirmative
action officer and Division of Personnel shall review all interviewing
and recruiting procedures to ensure that all provisions outlined herein
shall be strictly complied with and that all employment advertisements
contain the statement "Equal Opportunity Employer." To this end, a
form shall be developed by the affirmative action officer which shall
be completed when any application is received, but employment not
offered at that time. Copies of this form shall be kept on file in
the Division of Personnel.
d.
Maintaining Discrimination-Free Selection, Appointment and Procedures.
All procedures outlined herein shall be strictly complied with and,
in addition, all new employees not previously interviewed by the Division
of Personnel shall be interviewed.
e.
Offering of Training and Educational Programs on a Nondiscriminatory
Basis. In addition to compliance with all procedures outlined herein,
the affirmative action officer shall conduct workshops and seminars
for supervisory personnel to familiarize them with all phases of the
plan. The seminars and workshops shall also be made available whenever
possible for all interested employees.
f.
Utilization of the Department of Administration. The Department of
Administration shall have an expanded role in the employment process.
It shall counsel and interview all employees on the commencement,
transfer and termination of their employment, review all aspects of
fringe benefits and create a job skills bank. The skills bank shall
commence to function no later than ninety (90) days after the adoption
of the plan.
[Ord. No. O.1691-2009 § 1]
Pursuant to N.J.S.A. 43-15C-2, the following positions are deemed
to be eligible for and shall participate in the DCRP:
[Ord. No. O.1691-2009 § 1]
Individuals that are otherwise required to join the DCRP are
excused from membership if that individual:
a.
Is a Public Employees Retirement System ("PERS") member prior to
July 1, 2007 and continuously thereafter. "Continuously" means that
a period of no more than two (2) years has elapsed from the time the
individual left employment in a PERS position to the time the person
was unemployed; or
b.
Is eligible for membership or enrolled in another pension program;
or
c.
Is retired and receiving benefits from another State pension plan;
or
d.
Is otherwise ineligible to join PERS; or
e.
Receives a salary which is less than one thousand five hundred ($1,500.00)
dollars per fiscal year.
[Ord. No. O.1691-2009 § 1]
Individuals holding a professional license or certificate to
perform services in any of the following positions are exempt from
DCRP membership, pursuant to N.J.S.A. 43:15C-2, and are qualified
to join or remain in the PERS:
a.
Certified Health Officers
b.
Tax Collector
c.
Court Administrator
d.
Chief Financial Officer
e.
Construction Code Official
f.
Qualified Purchasing Agent
g.
Tax Assessor
h.
Municipal Planner
i.
Registered Municipal Clerk
j.
Licensed Uniform Subcode Inspector
k.
Certified Public Works Manager (also known as Principal Public Works
Manager)
[Ord. No. O.1691-2009 § 1]
If an individual is appointed to one of the positions listed in subsection 4-4.1 and the individual is not serving in a position as described in subsection 4-4.3 above, the Township's Pension Certifying Officer may determine that the individual is not required to join the DCRP if that individual:
a.
Was an active participant in the PERS on July 1, 2007 and continuously
since that time; or
b.
Has been appointed pursuant to a valid promotional process; or
c.
Is appointed on a temporary, interim, or "acting" basis to a position requiring State Certification as set forth in subsection 4-4.3 herein, and is in pursuit of the required certification; or
d.
Meets such other exceptions that may be approved by the Local Finance
Board or the Division of Pensions and Benefits.
[Ord. No. O.1691-2009 § 1]
a.
An individual earning less than five thousand ($5,000.00) dollars
per fiscal year who is eligible for DCRP membership can decide to
waive participation in the DCRP. This decision is irrevocable for
elected officials.
b.
Membership in the DCRP shall be effective as of July 1, 2007 based
upon the above criteria.
[1999 Code § 2.88.010]
The Township Council finds as follows:
a.
The State of New Jersey, through the passage of the Tort Claims Act,
as amended and supplemented from time to time (N.J.S.A. 59:1-1 et
seq.), has determined the circumstances under which claims may be
made against public entities and their officials, employees and servants.
b.
The Tort Claims Act also specifies under what circumstances a public
entity may defend and indemnify its officials, employees and servants.
c.
The Township Council wishes to provide under certain circumstances
for defense and indemnification of its officers, employees and servants
in the proper performance of their duties and responsibilities.
d.
Such defenses and indemnification are especially appropriate for
members of appointed boards who serve the township without monetary
compensation.
[1999 Code § 2.88.020]
a.
Whenever a civil action shall be brought against any person holding
an office, position or employment with the Township for any action
or omission arising out of or in the course of the performance of
the duties of such office, position or employment, the Township shall
provide payment of that portion of any compensatory damage award otherwise
covered by a policy of insurance which has not been paid because of
a deductible provision in said policy.
b.
Whenever a civil action shall be brought against any person holding
an office, position or employment with the Township for any action
or omission arising out of or in the course of the performance of
the duties of such office, position or employment, the Township shall
provide payment of that portion of any costs of defense of said action
not covered by a policy of insurance which costs have not been paid
solely because of a deductible provision of said policy.
[1999 Code § 2.88.030]
The obligation of the Township to defend and indemnify its employees
for acts or omissions arising out of or in the course of the performance
of the duties of that person shall be limited to those circumstances
under which the acts of its employees were within the scope of the
responsibilities of the officer or employee.
[1999 Code § 2.81.010]
a.
Any other provision of law to the contrary notwithstanding, the municipality
or any of its purchasing agents or agencies or those of its independent
authorities, as the case may be, shall not enter into an agreement
or otherwise contract to procure professional, banking, insurance
coverage services or any other consulting services, from any professional
business entity, if that entity has solicited or made any contribution
of money, or pledge of a contribution, including in-kind contributions,
to any Edison Township municipal candidate or holder of the public
office having ultimate responsibility for the award of contract, or
campaign committee supporting such candidate or officeholder, or to
any Edison Township or Middlesex County party committee, or to any
political action committee that regularly engages in the support of
municipal elections and/or municipal parties (PAC) in excess of the
thresholds specified in paragraph c. within one (1) calendar year
immediately preceding the date of the contract or agreement.
b.
No professional business entity which enters into negotiations for,
or agrees to, any contract or agreement with the municipality or any
department or agency thereof or of its independent authorities for
the rendition of professional, banking or insurance coverage services
or any other consulting service shall solicit or make any contribution
of money, or pledge of a contribution, including in-kind contributions,
to any Edison Township municipal candidate or holder of the public
office having ultimate responsibility for the award of the contract,
or campaign committee supporting such candidate of officeholder, or
to any Edison Township or Middlesex County party committee, or to
any PAC that regularly engages in the support of municipal elections
and/or municipal parties between the time of first communications
between that business entity and the Township regarding a specific
professional services agreement and the later of the termination of
negotiations or the completion of the contract or agreement.
c.
1.
Subject
to the limitations in 2, any entity meeting the definition of "professional
business entity" under this section may annually contribute a maximum
of four hundred ($400.00) dollars for any purpose to each candidate,
for Mayor or Council, and five hundred ($500.00) dollars to each Edison
Township or Middlesex County party committees, or to a PAC referenced
in this section, without violating paragraph a.
2.
However,
any entity meeting the definition of "professional business entity"
under this section, including such principals, partners, and officers
of the entity in the aggregate, may not annually contribute for any
purpose in excess of a total of two thousand five hundred ($2,500.00)
dollars to all Edison Township candidates and officeholders with ultimate
responsibility for the award of the contract and all Edison Township
of Middlesex County political parties and PACs referenced in this
section combined, without violating paragraph a.
d.
For purposes of this section, a "professional business entity" is
an entity seeking or performing a public contract for professional,
banking or insurance coverage services or any other consulting services
and which may be an individual including the individual's spouse,
if any, and any child living at home; a person; firm; corporation;
professional corporation; partnership; organization; or association.
The definition of a business entity includes all principals who own
five (5%) percent or more of the equity in the corporation or business
trust, partners, and officers in the aggregate employed by the entity
as well as any subsidiaries directly controlled by the business entity.
e.
For the purpose of this section, the office that is considered to
have ultimate responsibility for the award of the contract shall be:
1.
The Township of Edison Council and the Mayor of the Township of Edison,
if the contract requires approval or appropriation from the Council.
2.
The Mayor of the Township of Edison, if the contract requires approval
of the Mayor, or if a public officer who is responsible for the award
of the contract is appointed by the Mayor.
[1999 Code § 2.81.020]
No contribution of money or any other thing of value, including
in-kind contributions, made by a professional business entity to any
municipal candidate for Mayor or Council, or municipal or County party
committee or PAC referenced in this section shall be deemed a violation
of this section, nor shall an agreement for property, goods, or services,
of any kind whatsoever, be disqualified thereby, if that contribution
was made by the professional business entity prior to the effective
date of this section.
[1999 Code § 2.81.030]
a.
Prior to awarding any contract or agreement to procure professional services, or banking or insurance coverage services or any other consulting services, with any professional business entity, the township or any of its purchasing agents or agencies, as the case may be, shall receive a sworn statement from the professional business entity made under penalty of perjury that the bidder or offer or has not made a contribution in violation of subsection 4-8.1.
b.
The professional business entity shall have a continuing duty to
report any violations of this section that may occur during the negotiation
or duration of a contract. The certification required under this section
shall be made prior to entry into the contract or agreement with the
Township and shall be in addition to any other certifications that
may be required by any other provision of law.
[1999 Code § 2.81.040]
A professional business entity or Township candidate or officeholder or municipal or county party committee or PAC referenced in this section may cure a violation of subsection 4-8.1, if, within sixty (60) days after the contribution, the professional business entity notifies the Township Council in writing and seeks and receives reimbursement of a contribution from the Township candidate or municipal or County political party or PAC referenced in this section.
[1999 Code § 2.81.050]
a.
It shall be a breach of the terms of the Edison Township professional
service agreement for a business entity to 1. make or solicit a contribution
in violation of this section; 2. knowingly conceal or misrepresent
a contribution given or received; 3. make or solicit contributions
through intermediaries for the purpose of concealing or misrepresenting
the source of the contribution; 4. make or solicit any contribution
on the condition or with the agreement that it will be contributed
to campaign committee of any candidate or holder of the public office
of Edison Township; 5. engage or employ a lobbyist or consultant with
the intent or understanding that such lobbyist or consultant would
make or solicit any contribution, which if made or solicited by the
business entity itself, would subject that entity to the restrictions
of this section; 6. fund contributions made by third parties, including
consultants, attorneys, family members, and employees; 7. engage in
any exchange of contributions to circumvent the intent of this section;
or 8. directly or indirectly, through or by any other person or means,
do any act which would subject that entity to the restrictions of
this section.
b.
Furthermore, any professional business entity who violates paragraph
a. above shall be disqualified from eligibility for future Edison
Township contracts for a period of four (4) calendar years from the
date of the violation.
[1999 Code § 2.82.010]
This section bans the use of government buildings and equipment
for political fund raising.
[1999 Code § 2.82.020]
As used in this section:
Means a. any individual seeking election to a public office
of the Federal, State, County or municipal government, or school district
or political party, and b. any individual who shall have been elected
or failed of election to any such office.
Means the government of the municipality, including any officer,
department, board, commission or agency thereof.
Means any person holding elective municipal office or holding
an appointed position in the municipal government, or in any agency,
commission, board or office thereof, whether the position is full-time
or part-time, compensated or uncompensated, and any employee of municipal
government or of any municipal agency, commission, board or office
thereof, whether the position is full-time or part-time.
Means any loans and transfers of money or other things of
value to any candidate, elected official, or representative of any
political organization, or other commitments or assumptions of liability
to make any such transfer. Political contributions shall be deemed
to have been made upon the date when such commitment is made or liability
assumed.
Means any two (2) or more persons acting jointly, or any
corporation, partnership or other incorporated or unincorporated association
which is organized to, or does, aid or promote the nomination, election
or defeat of any candidate or candidates for Federal, State, County,
municipal or school board office or political party office. Political
organization includes, but is not limited to, organizations defined
in N.J.S.A. 19:44A-3 as a "political committee," "joint candidates
committee," "continuing political committee," "political party committee,"
"candidate committee" or "legislative leadership committee."
Means all personal property owned, leased or controlled by
the municipal government, including but not limited to vehicles, phones,
fax machines, computers, stationery including municipal letterhead,
postage and other office equipment.
Means to ask for, by oral or written communication, a contribution
as that term is defined herein.
[1999 Code § 2.82.030]
a.
Prohibition against soliciting or accepting political contributions
in rooms or buildings occupied in the discharge of public duties.
No municipal official, employee or appointee may solicit, commit to
pay or receive payment of or a commitment to pay any political contribution
for any candidate, elected official or political organization while
in any room or building occupied in the discharge of official municipal
business. This subsection shall include solicitation or acceptance
of political contributions made over a private cell phone or by use
of a private computer, if the person soliciting or accepting the political
contribution, is in any room or building occupied in the discharge
of official municipal business.
b.
Prohibition against use of public property for political fundraising.
No municipal official, employee or appointee may solicit, commit to
pay or receive payment of or a commitment to pay any political contribution
for any candidate, elected official or political organization, while
utilizing public property.
c.
Exception. In the event public facilities are made available to any
group for non-governmental use, as a meeting facility, this prohibition
shall not be deemed to prevent fundraising of any sort among members
of such groups during the time such groups have reserved exclusive
use of the meeting facility.
d.
Violation. Violation of any provision of this section shall be punished
by a period of community service not exceeding ninety (90) days or
imprisonment in the County jail for a term not exceeding ninety (90)
days or a fine not exceeding one thousand ($1,000.00) dollars.
[1999 Code § 2.83.010]
Whenever any designated collective bargaining representative
or union representing employees of the Township of Edison engages
in fund raising activities which includes solicitation from persons
or businesses located within Edison Township they shall, before beginning
the fund raising activity, notify the Township Clerk of the following:
[Ord. No. O.1513-2006 § 2.82.010]
a.
Any other provision of law to the contrary notwithstanding, the Township
of Edison or any of its purchasing agents or agencies or those of
its independent authorities, as the case may be, shall not enter into
an agreement, amend an agreement, or otherwise contract with any redeveloper
for the planning, replanning, construction or undertaking of any redevelopment
project, including the acquisition or leasing of any public property
in conjunction with the redevelopment of any area within the Township
of Edison pursuant to the Local Redevelopment and Housing Law, if
that redeveloper has made any contribution of money or pledge of a
contribution, including in-kind contributions, during the applicable
time period as specified below, to a campaign committee of any Edison
Township candidate or holder of public office within the Township
of Edison having responsibility for arranging, entering into, or approving
the redevelopment agreement, or for appointing those who enter into
the agreement on behalf of the Township of Edison or; to any municipal
political campaign committee, or to any County party committee, or
to any political action committee which regularly engages in the support
of municipal elections and/or municipal parties or which engages in
the support of Edison Township municipal campaigns (PAC). For purposes
of this section, the "applicable time period" shall be defined as
the time period between the date that the property which is the subject
of the redevelopment project has been included in a memorializing
resolution adopted by the Governing Body directing the Planning Board
to conduct a preliminary investigation to determine if the site is
in need of redevelopment pursuant to and in accordance with the New
Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12-1 et seq.,
and the date of entering into the redevelopment agreement, or the
twelve (12) months prior to entering into the agreement, whichever
is shorter.
b.
All redevelopment agreements or amendments thereto entered into by
the Township of Edison shall contain a provision prohibiting redevelopers
as defined in paragraph c. to solicit or make any contribution of
money or pledge of a contribution including in-kind contributions,
to any Edison Township candidate or holder of public office within
the Township of Edison having responsibility for arranging, entering
into, or approving the redevelopment agreement, or for appointing
those who enter into the agreement on behalf of the Township of Edison
or; to any Edison Township political campaign committee, or to any
Edison Township or Middlesex County Party Committee, or to any political
action committee which regularly engages in the support of municipal
elections and/or municipal parties or which engages in the support
of Edison Township municipal campaigns (PAC), between the time of
first communication between that redeveloper and the municipality
regarding a redevelopment project and the later of the termination
of negotiations or the completion of all matters specified in the
redevelopment agreement.
c.
As defined in N.J.S.A. 40A:12A-3, a "redeveloper" means any person,
firm, corporation or public body that shall enter into or propose
to enter into a contract with a municipality or other redevelopment
entity for the redevelopment or rehabilitation of an area in need
of redevelopment, or an area in need of rehabilitation, or any part
thereof, under the provisions of this section, or for any construction
or other work forming part of a redevelopment or rehabilitation project.
For the purposes of this section the definition of a redeveloper includes
all principals who own ten (10%) percent or more of the equity in
the corporation or business trust, partners and officers in the aggregate
employed by the provider as well as any affiliates or subsidiaries
directly controlled by the redeveloper. Spouses and adult children
at home shall also be included.
d.
For the purposes of this section, the office that is considered to
have responsibility for arranging and entering into the redevelopment
agreement under the Act shall be:
1.
The Township of Edison Council if the redevelopment agreement requires
approval or appropriation from the Council or a public officer who
is responsible for arranging and entering into the redevelopment agreement
if that public officer is appointed by Council; or
2.
The Mayor of Edison Township if the redevelopment agreement requires
the approval of the Mayor or a public officer who is responsible for
arranging and entering into the redevelopment agreement if that public
officer is appointed by the Mayor; or
3.
A designated redevelopment entity, if the redevelopment agreement
requires the approval of the redevelopment entity.
[Ord. No. O.1513-2006 § 2.82.020]
No contribution of money or any other thing of value, including
in-kind contributions, made by a redeveloper to any Edison Township
candidate for Mayor or Edison Township Council or Edison Township
political campaign committee shall be deemed a violation of this section
nor shall an agreement for redevelopment projects of any kind whatsoever
be disqualified thereby if that contribution or agreement was made
by the redeveloper prior to the effective date of this section.
[Ord. No. O.1513-2006 § 2.82.020]
a.
It shall be the municipality's continuing responsibility to give
notice of this section when the municipality gives notice of redevelopment
pursuant to N.J.S.A. 40A:12A-6 and when the municipality adopts a
resolution directing the Planning Board to prepare a redevelopment
plan and at the time that the municipality adopts the ordinance to
implement the redevelopment plan.
b.
Prior to arranging and entering into the redevelopment agreement with any redeveloper, the Township of Edison or any of its purchasing agents or agencies or independent authorities, as the case may be, shall receive a sworn statement from the redeveloper that the redeveloper has not made any contribution in violation of subsection 4-11.1a above. Furthermore, the redeveloper shall have a continuing duty to report any violations of this section that may occur while arranging and entering into the redevelopment agreement, and until all specified terms of the agreement have been completed. The sworn statement required under this section shall be made prior to entry into the agreement with the municipality and shall be in addition to any other certifications that may be required by any other provision of law.
[Ord. No. O.1513-2006 § 2.82.040]
a.
The contribution and disclosure requirements in this section shall
apply to all redevelopers as well as professionals, consultants or
lobbyists contracted or employed by the business entity ultimately
designated as the redeveloper to provide services related to the:
1.
Lobbying of government officials in connection with the examination
of an area and its designation as an area in need of redevelopment
or in connection with the preparation, consultation and adoption of
the redevelopment plan;
2.
Obtaining the designation or appointment as redeveloper;
3.
Negotiating the terms of a redevelopment agreement or any amendments
or modifications thereof; and/or
4.
Performing the terms of a redevelopment agreement.
b.
It shall be a breach of the consultant's contract, and shall require
immediate termination, for a consultant to violate the contribution
limits and/or disclosure requirements in this section.
c.
A redeveloper who participates in, or facilitates, the circumvention
of the contribution restrictions through consultants or professionals
shall be deemed to be in breach.
[Ord. No. O.1513-2006 § 2.82.050]
A redeveloper or municipal candidate or officeholder or municipal or County party committee or PAC referenced in this section may cure a violation of subsection 4-11.1 and deemed not to be in breach, if, within thirty (30) days after the cited violation, the redeveloper notifies the Municipal Council in writing and seeks and receives reimbursement of a contribution from the municipal candidate or municipal or County political party or PAC referenced in this section.
[Ord. No. O.1513-2006 § 2.82.060]
a.
It shall be a breach of the terms of the Township of Edison redevelopment
agreement for a redeveloper to: 1. make or solicit a contribution
in violation of this section; 2. knowingly conceal or misrepresent
a contribution given or received; 3. make or solicit contributions
through intermediaries for the purpose of concealing or misrepresenting
the source of the contribution; 4. make or solicit any contribution
on the condition or with the agreement that it will be contributed
to a campaign committee of any candidate or holder of the public office
of Edison Township; 5. engage or employ a lobbyist or consultant with
the intent or understanding that such lobbyist or consultant would
make or solicit any contribution, which if made or solicited by the
redeveloper itself, would subject that entity to the restrictions
of this section; 6. fund contributions made by third parties, including
consultants, attorneys, family members, and employees; 7. engage in
any exchange of contributions to circumvent the intent of this section;
or 8. directly or indirectly, through or by any other person or means,
do any act which would subject that entity to the restrictions of
this section.
b.
Furthermore, any redeveloper who violates paragraph a1 through a8
above shall be disqualified from eligibility for future Edison Township
redevelopment agreements for a period of four (4) calendar years from
the date of the violation.
[Added 5-13-2020 by Ord. No. O.2066-2020]
The policy of the Township regarding any employee, not including
any temporary or seasonal employee of the Township, who is called
to active duty training and/or service for any division of the New
Jersey National Guard, in addition to any benefits, rights or privileges
set forth in any state or federal law, is as follows:
a.
The Township must allow leave with full pay for any period of state
active duty. The Township must allow leave for up to 90 aggregate
work days per calendar year with full pay for any period of federal
active duty or active duty training. If leave extends into a new calendar
year, the employee will be eligible to receive full pay for an additional
90 aggregate work days of federal active duty or active duty training
for that calendar year.
b.
For employees who are called to federal active duty service in a
combat zone, the Township will provide paid military leave for an
additional 90 aggregate work days per calendar year following the
expiration of the initial, mandatory 90 aggregate work days per calendar
year.
1.
For employees who are commissioned officers, such additional paid
military leave is limited to differential pay, which shall be calculated
as the difference between the employee's Township pay and his/her
all-inclusive military pay.
c.
After expiration of 90 aggregate work days per calendar year for
any period of federal active duty or active duty training, or after
the expiration of 180 aggregate work days per calendar year for employees
who are called to federal active duty service in a combat zone:
1.
The Township has no obligation to pay the employee.
2.
If the employee wishes to continue with Township-based health benefits,
the employee must pay the premiums for said benefits.
3.
If the employee chooses to suspend Township health benefits while
on active duty training, said benefits will be reinstated immediately
upon return to work.
d.
The employee will continue to accrue vacation, personal and sick
time during each period of military leave.
e.
The employee does not lose seniority while on military leave.
f.
The employee may (if he/she opts to do so) utilize accrued vacation,
personal or accumulated time (but not sick time) for active duty training
and/or federal active duty service that exceeds 90 paid days, but
cannot be forced to do so.
The policy of the Township regarding any employee, not including
any temporary or seasonal employee of the Township, who is called
to active duty training and/or service for any division of the Federal
Reserves, or for the National Guard from a state other than New Jersey,
in addition to any benefits, rights or privileges set forth in any
state or federal law is as follows:
a.
The Township must allow leave with full pay for up to 30 aggregate
work days per calendar year for any period of active duty training
and/or service. If leave extends into a new calendar year, the employee
will be eligible to receive full pay for an additional 30 days of
active duty training and/or service for that calendar year.
b.
Following the expiration of the statutory, mandated 30 aggregate
work days per calendar year for any period of active duty training
and/or service, the Township will provide paid military leave for
an additional 60 aggregate work days per calendar year for any period
of active duty training and/or service.
1.
For employees who are commissioned officers, such additional paid
military leave is limited to differential pay, which shall be calculated
as the difference between the employee's Township pay and his/her
all-inclusive military pay.
c.
For employees who are called to active duty service in a combat zone,
the Township will provide paid military leave for an additional 90
aggregate work days per calendar year following the expiration of
the initial, mandatory 30 aggregate work days per calendar year and
additional 60 aggregate work days per calendar year for any period
of active duty training and/or service.
1.
For employees who are commissioned officers, such additional paid
military leave is limited to differential pay, which shall be calculated
as the difference between the employee's Township pay and his/her
all-inclusive military pay.
d.
After expiration of 90 aggregate work days per calendar year for
any period of active duty or active duty training, or after the expiration
of 180 aggregate work days per calendar year for employees who are
called to active duty service in a combat zone:
1.
The Township has no obligation to pay the employee.
2.
If the employee wishes to continue with Township-based health benefits,
the employee must pay the premiums for said benefits.
3.
If the employee chooses to suspend Township health benefits while
on active duty training, said benefits will be reinstated immediately
upon return to work.
e.
The employee will continue to accrue vacation, personal and sick
time during each period of military leave.
f.
The employee does not lose seniority while on military leave.
g.
The employee may (if he/she opts to do so) utilize accrued vacation,
personal or accumulated time (but not sick time) for active duty training
and/or federal active duty service that exceeds 90 paid days, but
cannot be forced to do so.
The policy of the Township regarding any employee, not including
any temporary or seasonal employee of the Township, who is called
to inactive duty training, in addition to any benefits, rights or
privileges set forth in any state or federal law is as follows:
a.
The Township shall allow leave with full pay for up to 24 aggregate
work days per calendar year for any period of inactive duty training.
1.
For employees who are commissioned officers, such additional paid
military leave is limited to differential pay, which shall be calculated
as the difference between the employee's Township pay and his/her
all-inclusive military pay.
b.
The employee will continue to accrue vacation, personal and sick
time during each period of military leave.
c.
The employee does not lose seniority while on military leave.
d.
The employee may (if he/she opts to do so) utilize accrued vacation,
personal or accumulated time (but not sick time) for inactive duty
training that exceeds 24 paid days, but cannot be forced to do so.
