[Amended 9-30-74 by Ord. No. 74-1-AA; 5-23-77 by Ord. No. 77-1-EEE; 3-23-81 by Ord. No. 81-340; 12-30-85
by Ord. No. 85-721; 8-23-99 by Ord. No. 99-36; 1-22-01 by Ord. No. 01-4]
A. Prior to January 1, 2001, compensation and benefits for the Mayor
and Council shall be at levels as were in effect on January 1, 1999.
[Added 8-23-99 by Ord. No. 99-36]
B. Compensation for the Mayor and Council shall be paid beginning January
1, 2001, at the following annual rates
[Amended 8-23-99 by Ord. No. 99-36]:
(3) President of Council: $11,000.
C. Expenses for Council Members, the President of the Council and the
Mayor shall not be allowed except where they are described in detail
for particular duties or responsibilities and, where feasible, approved
in advance by the Council at a public meeting. In no case will expenses
be permitted for such things as personal telephone calls or local
mileage.
[Amended 12-11-84 by Ord. No. 84-627; 8-23-99 by Ord. No. 99-36]
D. Effective January 1, 2001, neither Council Members, the President of the Council, nor the Mayor shall be entitled to paid health benefits or payments/stipends in lieu thereof, but they may purchase health benefits through the Township sponsored self-insurance program at cost through compensation reduction provided said benefits do not exceed the rate established in §
3-96B.
[Added 8-23-99 by Ord. No. 99-36; amended 1-22-01 by Ord. No. 01-4]
A director may serve as a division head without additional compensation.
Except for the Director of the Department of Law, department heads
shall devote their full time to the proper and efficient discharge
of the duties of their respective offices. Whenever a vacancy exists
in the office of head of any division by resignation, removal, disability
or otherwise, the director of the department may fill such vacancy
temporarily by appointing an acting head of such division who shall
have and perform all the functions, powers and duties of such division
head until the office shall be filled permanently.
[Repealed 3-25-91 by Ord. No. 91-29]
[Repealed 3-25-91 by Ord. No. 91-29]
[Renamed and Amended 3-25-91 by Ord. No. 91-29; amended 9-27-10
by Ord. No. 10-22]
A. Title. This Section shall be known and may be cited as the East Brunswick
Township Code of Ethics.
B. Findings. The Township Council of the Township of East Brunswick
finds and declares that:
(1) Public office and employment are a public trust;
(2) The vitality and stability of representative democracy depend upon
the public's confidence in the integrity of its elected and appointed
representatives;
(3) Whenever the public perceives a conflict between the private interests
and the public duties of a government officer or employee, that confidence
is imperiled;
(4) 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;
C. Purpose and Authority.
(1) 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 of East Brunswick shall
be clear, consistent, uniform in their application, enforceable, and
to provide those officers or employees with advice and information
concerning possible conflicts of interests which might arise in the
conduct of their public duties.
(2) It is the further purpose of this Section to implement the provisions
of the Local Government Ethics Law.
(3) This Section is enacted under the authority of the Local Government
Ethics Law, and under the further authority granted to the Township
of East Brunswick under the provisions of Titles 40 and 40A of the
New Jersey Statutes.
D. Definitions. As used in this Section:
[Amended 9-27-10 by Ord. No. 10-22]
(1) "Agency" means any agency, board, governing body, including the chief
executive officer, office, commission or other instrumentality within
the Township of East Brunswick, and any independent local authority
created by or appointed under the authority of the Township of East
Brunswick, which performs functions other than of a purely advisory
nature;
(2) "Business organizations" means any corporation, partnership, firm,
enterprise, franchise, association, trust, sole proprietorship, union
or other legal entity;
(3) "Employee" means 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;
(4) "Interest" means 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 non-union profit entity or labor
union;
(5) "Member of immediate family" means the spouse or dependent child
of an officer or employee residing in the same household.
(6) "Officer" means any person whether compensated or not, whether part-time
or full time who is one of the following:
[Amended 9-27-10 by Ord. No. 10-22]
(a)
Member of the Township Council
(c)
All municipal employees in grade 90 and above or subsequently
designated in the salary ordinances that are adopted by the Township
Council from time to time.
(e)
Members of the Planning Board
(f)
Members of the Zoning Board
(g)
Attorney for the Planning Board
(h)
Attorney for the Zoning Board
(j)
Township Planning Consultant
(n)
Local Assistance Board Members
(o)
[Deleted 9-27-10 by Ord. No. 10-22]
(p)
[Deleted 9-27-10 by Ord. No. 10-22]
(q)
Members of the Board of Fire Commissioners for all Township
Fire Districts
(r)
Member of Library Board of Trustees
(s)
Director of East Brunswick Township Library
(t)
Any other person who is a managerial executive or confidential
employee, as defined in Section 3 of the "New Jersey Employer-Employee
Relations Act, N.J.S.A. 34:13A-3 of the Township of East Brunswick
or of an agency created under the authority of or appointed by the
Township of East Brunswick.
(7) "Officer or employee" means an officer or employee of the Township
of East Brunswick or of an agency under the authority of or appointed
by the Township of East Brunswick.
E. Ethical Standards. Officers and employees of the Township of East
Brunswick shall comply with the following provisions:
(1) No officer or employee of the Township of East Brunswick or member
of his or her immediate family shall have an interest in a business
organization or engage in any business, transaction or professional
activity, which is in substantial conflict with the proper discharge
of his or her duties in the public interest;
(2) No officer or employee shall use or attempt to use his or her official
position to secure unwarranted privileges or advantages for himself
or others;
(3) No officer or employee shall act in his or her official capacity
in any matter where he or she, a member of his or her immediate family,
or any business organization in which he or she has an interest, has
a direct or indirect financial or personal involvement that might
reasonably be expected to impair his or her objectivity or independence
or judgment;
(4) No officer or employee shall undertake any employment or service,
whether compensated or not which might reasonably be expected to prejudice
his or her independence of judgment in the exercise of his or her
official duties;
(5) No officer or employee, member of his or her immediate family, or
any business organization in which he or she has an interest, shall
solicit or accept any gift, favor, political contribution, service,
promise of future employment, or other thing of value based upon an
understanding that the gift, favor, loan, contribution, service, promise,
or other thing of value was given or offered for the purpose of influencing
him, directly or indirectly, in the discharge of his or her official
duties. This provision shall not apply to the solicitation or acceptance
of contributions to the campaign of an announced candidate for elective
public office, if the officer has no knowledge or reason to believe
that the campaign contribution, if accepted, was given with the intent
to influence the officer in the discharge of his or her official duties;
(6) No officer or employee shall use, or allow to be used, his or her
public office or employment, or any information, not generally available
to the members of the public, which he or she receives or acquires
in the course of and by reason of his or her office or employment,
for the purpose of securing financial gain for himself, any member
of his or her immediate family, or any business organization with
which he or she is associated;
(7) No officer or employee or any business organization in which he or
she has an interest shall represent any person or party other than
the Township in connection with any cause, proceeding, application
or other matter pending before any agency of the Township of East
Brunswick. This provision shall not be deemed to prohibit an employee
from representing another employee where the representation is within
the context of official labor union or similar representational responsibilities;
(8) No officer shall be deemed in conflict with these provisions if,
by reason of his or her participation in the enactment of any ordinance,
resolution or other matter required to be voted upon or which is subject
to executive approval or veto, no material or monetary gain accrues
to him or her as a member of any business, profession, occupation
or group, to any greater extent than any gain could reasonably be
expected to accrue to any other member of such business.
(9) No elected officer shall be prohibited from making an inquiry for
information on behalf of a constituent, if no fee, reward or other
thing of value is promised to, given to or accepted by the officer
or a member of his or her immediate family, whether directly or indirectly,
in return therefor; and
(10)
Nothing shall prohibit any officer or employee of the Township
of East Brunswick, or members of his or her immediate family, from
representing himself, herself or themselves, in negotiations or proceedings
concerning his, her or their, own interests.
(11)
No officer or employee elected or appointed in the Township
shall, without receiving formal written authorization from the appropriate
person or body, disclose any confidential information concerning any
other officer or employee or any other person or any property or governmental
affairs of the Township.
(12)
No officer or employee shall approve or disapprove or in any
way recommend the payment of any bill, voucher, or indebtedness owed
or allegedly owned by the Township in which he or she has a direct
or indirect personal, pecuniary or private interest.
(13)
No officer or employee elected or appointed in the Township
shall request, use or permit the use of any public property, vehicle,
equipment, labor or service for personal convenience or the private
advantage of himself or any other person. This prohibition shall not
be deemed to prohibit an official or employee from requesting, using
or permitting the use of such public property, vehicle, equipment,
material, labor or service which it is general practice to make available
to the public at large or which are provided as a matter of stated
public policy for the use of officials and employees in the conduct
of official business.
F. Financial Disclosure Statements.
(1) 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 officer's job title:
(a)
Each source of income, earned or unearned, exceeding $2,000
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 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.
(b)
Each source of fees and honorariums having an aggregate amount
exceeding $250 from any single source of 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.
(c)
Each source of gifts, reimbursements or prepaid 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.
(d)
The name and address 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.
(e)
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.
(2) The Township of East Brunswick 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, then that form shall be used. The Township Clerk shall
make the forms available to the officers and employees required to
file a financial disclosure statement.
(3) The original statement shall be filed with the Township Clerk within
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 East Brunswick Township Ethical Standards Board.
(4) All financial disclosure statements filed shall be public records.
G. Township of East Brunswick Ethical Standards Board.
(1) There is hereby established the Township of East Brunswick 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 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 members of the Board shall be of the same political
party. No member shall be a past or present political chairperson
or executive board member of a municipal or county political committee.
No one may be appointed as a member if he/she has been a county committee
person during a 20 month period prior to appointment. Each member
shall be a resident of the Township of East Brunswick.
(2) The members of the Township of East Brunswick Ethical Standards Board
shall annually elect a chairperson from among the membership.
(3) 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 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.
(4) 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.
(5) 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 Procedure Chapter," N.J.S.A. 52-14B-1 et
seq.
(6) 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:
(b)
Right to prehearing discovery.
(c)
Right to take sworn oral and written testimony from any person.
(d)
Reasonable notice of hearing.
(e)
Right to subpoena persons and documents.
(f)
Right to make stenographic record of the hearing.
(g)
Right of examination and cross-examination.
H. Facilities and Staff.
(1) The Township Administrator shall provide the East Brunswick 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.
(2) All necessary expenses incurred by the East Brunswick Township Ethical
Standards Board and its members shall be paid, upon certification
of the chairperson of the Board, by the Township Chief Financial Officer,
within the limits of funds appropriated in the annual budget or by
emergency appropriations for those purposes.
(3) The Township of East Brunswick Ethical Standards 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 Chapter within the limits of funds
appropriated by the Township Council for those purposes in the annual
budget. For the purposes of budgeting, personnel and purchasing the
Ethical Standards Board is allocated and assigned within the Township
Clerk's Office.
I. Adoption of a Code of Ethics.
(1) At its first meeting, the Board shall elect a chairman by a majority vote of all members of the Board. Within 90 days after the appointment of the Township of East Brunswick Ethical Standards Board, the Board shall promulgate by resolution a code of ethics for all officers and employees serving the Township. Officers and employees serving a Township independent authority shall be deemed to be serving the Township for purposes of this Section. Until such time as the East Brunswick Ethical Standards Board shall have adopted a code of ethics, the provisions set forth in §
3-101F shall serve as the code of ethics.
(2) The code of ethics promulgated by the Board shall be either identical to the provisions set forth in §
3-101F or more restrictive, but shall not be less restrictive.
(3) 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 Township Administrator for circulation
among the officers and employees serving the Township.
(4) The Township of East Brunswick Ethical Standards Board shall hold
a public hearing on the code of ethics not less than 30 days following
its promulgation at which any officer or employee of the Township
and any other person wishing to be heard shall be permitted to testify.
(5) As a result of the hearing, the Board may amend or supplement the
code of ethics as it deems necessary.
(6) If the code of ethics is not identical to the provisions set forth in §
3-101F, the East Brunswick Township Ethical Standards Board shall, as required by law, submit the code of ethics to the New Jersey Local Finance Board of approval.
(7) If the New Jersey Local Finance Board fails to act within sixty (60)
days of the submission, the code of ethics shall be deemed approved.
(8) A code of ethics requiring approval by the New Jersey Local Finance
Board shall take effect 60 days after approval by the New Jersey Local
Finance Board.
(9) A code of ethics identical to the provisions set forth in §
3-101F shall take effect 10 days after the public hearing.
(10)
The Board shall forward a copy of the code of ethics to the
Township Clerk and shall make copies available to officers and employees
serving the Township.
(11)
The Board shall meet annually on the third Wednesday of January,
at which time it shall elect a chairman.
(12)
The Board shall review all financial disclosure statements not
later than 30 days after the filing deadline.
J. Powers of the Ethical Standards Board. The East Brunswick Township
Ethical Standards Board shall have the following powers:
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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
(6) To adopt rules and regulations and do other things as are necessary
to implement the purposes of this Section.
K. Advisory Opinions.
(1) An officer or employee of the Township of East Brunswick may request
and obtain from the East Brunswick 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.
(2) Advisory opinions shall not be made public, except when the Board
by the vote of two-thirds of all of its members directs that the opinion
be made public.
(3) Public advisory opinions shall not disclose the name of the officer
or employee unless the Board in directing that the opinion be made
public so determines.
L. Complaints.
(1) The East Brunswick Township Ethical Standards Board, upon receipt
of a signed written complaint by any person alleging that the conduct
of any officer or employee of the Township of East Brunswick 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.
(2) The Board shall make a determination as to whether the complaint
is within its jurisdiction or frivolous or without any reasonable
factual basis.
(3) 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 of East Brunswick against
whom the complaint was filed.
(4) 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 of East Brunswick against whom
the complaint was filed of the nature of the complaint and the facts
and circumstances set forth therein.
(5) 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.
(6) If the Board determines that a reasonable doubt exists as to whether
the officer or employee of the Township of East Brunswick 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.
(7) 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 of all members of the Board.
(8) 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
Chapter.
M. Enforcement and Penalties.
(1) An appointed officer or employee of the Township of East Brunswick
found guilty by East Brunswick Township Ethical Standards 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 $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. The East
Brunswick Township Ethical Standards Board shall report its findings
to the office or agency having the power of removal or discipline
of the appointed officer or employee and may recommend that further
disciplinary action be taken.
(2) An elected officer or employee of the Township of East Brunswick
found guilty by the East Brunswick Township Ethical Standards 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 $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).
(3) The finding by the East Brunswick Township Ethical Standards Board
that an appointed officer or employee of the Township of East Brunswick
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.
N. Records of the Ethical Standards Board. All statements, complaints,
requests, or other written materials filed pursuant to this Section,
and any rulings, opinions, judgments, transcripts or other financial
papers prepared pursuant to this Section shall be preserved for a
period of five years from the date of filing or preparation, as the
case may be.
O. Filing of Financial Disclosure Statements. The initial Financial
Disclosure Statements shall be filed with the Township Clerk, with
copy for the Ethical Standards Board, not later than May 31, 1991.
All Subsequent Financial Disclosure Statements shall be filed on or
before April 30th of each year.
[Repealed 3-25-91 by Ord. No. 91-29]
[Repealed 3-25-91 by Ord. No. 91-29]
[Repealed 3-25-91 by Ord. No. 91-29]
[Repealed 3-25-91 by Ord. No. 91-29]
[Added 8-27-73 by Ord. No. 73-1-X]
A. All the books, maps, papers, accounts, statements, vouchers and other
documents acquired or produced in any municipal department shall be
carefully and conveniently filed, kept and preserved and be and remain
the sole property of the municipality and shall not at any time be
removed from the offices of such department except when required for
use in the official business of the municipality and shall then be
returned to such office without delay. Each municipal officer shall
be responsible for assuring that the requirements of this subsection
are complied with in respect to his particular office. This subsection
shall be subject to the provision of Destruction of Public Records
Law, 1953 (N.J.R.S. 47:3-15 et seq.).
B. All public documents and records of the municipality shall, during
office hours, be open to public search, inspection or examination,
subject to and within the limitations prescribed by law, provided
that such search, inspection or examination does not interfere with
the orderly operation of the municipality.
[Added 8-27-73 by Ord. No. 73-1-X]
Upon the termination of office or the employment of any officer,
employee or board member, he shall forthwith deliver to his successor
or, if there be no successor, to the Clerk or other person who may
be designated by the Council to receive the same all moneys, papers,
books, memoranda, accounts and data of any nature pertaining to his
office.