[1976 Code § 7-1; Ord. No. 91-17]
There is hereby established a Code of Ethics to regulate the
conduct and activities of the officials and employees of the Township
of Holmdel.
[1976 Code § 7-2; Ord. No. 91-17]
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, N.J.S. 40A:9-22.1 et seq.
c.
This section enacted under the authority of the Local Government
Ethics Law, N.J.S. 40A:9-22.1 et seq. and under the further authority
granted to the Township under the provisions of Title 40 and Title
40A of the New Jersey Statutes.
[1976 Code § 7-3; Ord. No. 91-17]
a.
Except as otherwise herein further defined, the definitions established
in the Local Government Ethics Law shall control.
b.
For the purpose of this section, "officer" shall mean any person
whether compensated or not, whether part-time or full-time who is
one of the following:
1.
Member of the Township Committee.
2.
Township Administrator.
3.
Public Works Director.
4.
Recreation Director.
5.
Chief Financial Officer/Assistant Chief Financial Officer.
6.
Chief of Police.
7.
Township Assessor.
8.
Township Clerk/Deputy Clerk.
9.
Township Attorney.
10.
Township Engineer.
11.
Township Planning Consultant.
12.
Township Auditor.
13.
Township Prosecutor.
14.
Planning Board member.
15.
Planning Board Attorney.
16.
Planning Board Engineer.
17.
Zoning Board of Adjustment member.
18.
Zoning Board of Adjustment Attorney.
19.
Zoning Board of Adjustment Engineer.
20.
Local Assistance Board member.
21.
Director of Public Assistance/Welfare Director.
22.
Fire Hydrant Examiner.
23.
Tax Collector/Assistant Tax Collector.
24.
Zoning Officer.
25.
Construction Code Official/Subcode Officials.
26.
Board of Health member.
27.
Health Officer/Sanitarian.
28.
Board of Recreation Commission members.
29.
Environmental Commission members.
30.
Any other person 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," N.J.S. 34:13A-1, but shall
not mean any employee of the school district or member of the School
Board.
c.
For the purpose of this section, "officer or employee" shall mean
an officer or employee of the Township of Holmdel or of any agency
under the authority of or appointed by the Township of Holmdel.
[1976 Code § 7-4; Ord. No. 91-17]
In addition to the provisions of N.J.S. 40A:9-22.5, officers
and employees of the Township shall comply with the following additional
ethical standard provisions:
a.
No officer or employee shall, without proper legal authorization
therefor, disclose any confidential information concerning the property,
government, personnel or affairs of the Township; nor shall be or
she use such confidential information to advance the financial or
other private interests of himself/herself or others.
[1976 Code § 7-5; Ord. No. 91-17]
Officers of the Township of Holmdel shall annually file a financial
disclosure statement on the forms approved by the Local Finance Board
of the Department of Community Affairs and shall include the information
required under N.J.S. 40A:9-22.6.
[1976 Code § 7-6; Ord. No. 91-17]
Any person may file a signed written complaint alleging a violation
of this section or of the Local Government Ethics Law, N.J.S. 40A:9-22.1
et seq. with the Local Finance Board of the Department of Community
Affairs. Such complaint shall be processed and a determination made
concerning same pursuant to the provisions of N.J.S. 40A:9-22.9.
[1976 Code § 7-7; Ord. No. 91-17]
Any officer or employee of the Township may request and obtain
from the Local Finance Board an advisory opinion as to whether any
proposed activity or conduct would in its opinion constitute a violation
of the provisions of this Act pursuant to the procedures established
in N.J.S. 40A:9-22.8.
[1976 Code § 7-8; Ord. No. 91-17]
In the event any complaint shall be filed against a Township
Official or employee for an act or omission arising out of or in the
course of his/her duties that are regulated under this section or
the Local Government Ethics Law, the Township, upon a not guilty determination,
shall reimburse the Official/employee for any and all costs of defending
such action including reasonable counsel fees and expenses, together
with costs of appeal, if any. The Official/employee shall have the
sole discretion in hiring of any such attorney for such defense, subject,
however, to prior approval by the Township as to the rate and charges
for same.
[1976 Code § 7-12; Ord. No. 91-17]
Any person, firm or corporation found guilty of a violation
of the terms of this section shall be subject to a fine of 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. 40A:9-22.10).
[Ord. No. 2000-32 § I]
This section shall be known as "An Ordinance Prohibiting Political
Fundraising on or by Use of Public Property.
[Ord. No. 2000-32 § I]
As a result of the laws of the State of New Jersey not presently
banning solicitation or acceptance of political contributions by public
office holders and employees while in any room or building occupied
in the discharge of public duties, the Township Committee finds that
solicitation and acceptance of political contributions in rooms and
buildings occupied in the discharge of official Township business
undermines the efficiency of government by taking officials and employees
away from the people's business, and leads to the appearance of improper
influence of political contributions on government functions. The
Township Committee further finds that prohibiting this solicitation
and acceptance of political contributions in rooms and buildings occupied
in the discharge of official duties will address these harms and leave
open ample alternative venues for political fundraising.
As a result of the laws of the State of New Jersey not presently
recognizing the misuse of public personal property for political fundraising
as a distinct offense, the Township Committee finds and determines
the Township's interests in an independent and efficient government
workforce and a government that is undermined by neither the fact
nor appearance of improper influence of political contributions on
government decisions require the prohibition of political fundraising
in rooms or buildings occupied in the discharge of official duties
or through the use of public personal property.
[Ord. No. 2000-32 § I]
a.
CANDIDATE – Shall mean (1) any individual seeking election
to a public office of the Federal, State, County or municipal government,
or school district or political party, and (2) any individual who
shall have been elected or failed of election to any such office.
b.
POLITICAL CONTRIBUTION – Shall mean 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.
c.
POLITICAL ORGANIZATION – Shall mean any two 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 political
committee, joint candidates committee, continuing political committee,
political party committee, candidate committee, or legislative leadership
committee.
d.
ROOM OR BUILDING OCCUPIED IN THE DISCHARGE OF OFFICIAL TOWNSHIP BUSINESS
– Shall mean such room or rooms in a Township building, or the
Township building in its entirety, if such room or rooms, or the entire
building is being used for carrying on and facilitating the day to
day operations and functions of the Township government. ("official
administration of the Township government"). This term shall not be
deemed to include those portions of public facilities used for recreation
and other activities not part of the official administration of the
Township government, nor such portions of public facilities when made
available to any group for nongovernmental use, as a meeting facility.
e.
TOWNSHIP OFFICIAL, EMPLOYEE AND APPOINTEE – Shall mean any
person holding elective municipal office or holding an appointed position
in the Township 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 the Township government or of
any Township agency, commission, board, or office thereof, whether
the position is full time or part time.
f.
SOLICIT – Shall mean to ask for, by oral or written communication,
a contribution as that term is defined herein.
g.
PUBLIC PERSONAL PROPERTY – Shall mean all personal property
owned, leased, or controlled by the Township government, including
but not limited to vehicles, phones, fax machines, computers, stationery
including municipal letterhead, postage, and other office equipment.
[Ord. No. 2000-32 § I]
a.
Prohibition Against Soliciting or Accepting Political Contribution
in Rooms or Buildings Occupied in the Discharge of Public Duties.
No Township 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 Township
business. This section 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, or using the cell phone or computer for purposes of
soliciting or accepting the political contribution, is in any room
or building occupied in the discharge of official Township business.
b.
Prohibition Against Use of Public Property for Political Fundraising.
No Township 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, when
utilizing public personal property.
c.
Exception. In the event public facilities are made available to any
group for nongovernmental 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.
[Ord. No. 2000-32 § I; Ord. No. 2006-07 § II]
[Ord. No. 2013-03]
Throughout the State of New Jersey, in many counties and municipalities,
there exists an endless variety of "pay-to-play" ordinances regulating
the amount of political contributions which can be made by those seeking
to contract with the local entity. Subsequent to the enactment of
the majority of these ordinances, the State enacted a Statute governing
the amount of political contributions which can be made to local entities.
The enactment of the State Statute created a double layer of regulation.
There exists much confusion by those seeking to contract with local
entities because of the lack of uniformity in local ordinances and
because of the overriding State Statute governing the same subject
matter. The confusion has resulted in multiple inquiries being made
of Township officials to determine what unique peculiarities may be
present in the Township's "Pay-to-Play" Ordinance. The Governor has
called for uniform Statewide pay-to-play reform to create an understandable,
level playing field. Therefore, it is the purpose of this section
to conform to the Township's "pay-to-play" regulation to the State
Statute.
[1]
Editor's Note: Former subsection 2-79.1, Prohibition on Awarding
Public Contracts to Certain Contributors, previously codified herein
and containing portions of Ordinance Nos. 2003-16 and 2005-04, was
repealed in its entirety by Ordinance No. 2013-03.
[Ord. No. 2003-16 § II]
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 Township Committee, or to any municipal or
County party committee, shall be deemed a violation of this section,
if that contribution was made by the professional business entity
prior to the effective date of this section.[1]
[1]
Editor's Note: Ordinance No. 2003-16, codified herein, was
adopted July 28, 2003.
[Ord. No. 2003-16; Ord. No. 2013-03]
Notwithstanding any provision of law to the contrary, any business
entities exempt from the provisions of the Local Public Contracts
Law (N.J.S.A. 40A:11-1 et seq.) contracting with the Township of Holmdel
shall be subject to the provisions of the Statewide pay-to-play law
(N.J.S.A. 19:44A-20.4 et seq.).
[Ord. No. 2003-16 § IV; Ord. No. 2013-03]
A business entity or Township candidate or officeholder or municipal or County party committee may cure a violation of subsection 2-79.3 of this section, if, within 30 days after the general election, the business entity notifies the Township Committee, in writing, and seeks and receives reimbursement of a contribution from the Township candidate or municipal or County political party.
[Ord. No. 2003-16 § V]
a.
All Township of Holmdel professional service agreements shall provide
that it shall be a breach of the terms of the government contract
for a professional entity as defined in subsection 2-79.1c to violate
subsection 2-79.1d.
b.
Any professional business entity as defined in subsection 2-79.1c
who knowingly fails to reveal a contribution made in violation of
subsection 2-79.1d of this section, or directs that a contribution
made through another individual to circumvent this section, shall
be disqualified from eligibility for future Township contracts for
a period of four calendar years from the date of the violation.
[Ord. No. 2007-07 § I]
As used in this section:
a.
CAMPAIGN CONTRIBUTION – Shall mean "Holmdel campaign contribution,"
"Holmdel political committee contribution," "County campaign contribution,"
"Holmdel major developer contribution," and/or "Pass-through campaign
contribution" as defined herein, but shall not include other political
contributions.
b.
CONTRIBUTION – Shall mean any contribution, whether in the
form of money, free service or pledge, including without limitation
any in-kind contributions, purchases of tickets, advertisements or
the like, directly or indirectly. The term "directly or indirectly"
as used herein shall further mean and include any campaign contributions
made through intermediary or third-parties.
c.
COUNTY CAMPAIGN CONTRIBUTION – Shall mean any contribution,
as defined herein, to any individual candidate for County office,
any County political organization, club, affiliate or County campaign
committee or fund within the County of Monmouth.
d.
MAJOR DEVELOPER – Shall mean:
1.
Any individual or entity who makes any application to the Township's
Planning Board for:
2.
The term "major developer" shall also include anyone:
(a)
Who owns or is the contract purchaser of any property that is
the subject of any such application; or
(b)
Who engages directly or indirectly in negotiations with the
Township relating to a request for a change in zoning for a particular
property; or
(c)
Who owns or is the contract purchaser of, any property that
is the subject of, or would directly be affected by a proposed change
in zoning, or of the Master Plan; and
4.
In the case of a major developer that is an entity, the term "major
developer" shall also include:
e.
ENTITY – Shall mean any corporation, professional corporation,
joint venture, general or limited partnership, trust or limited liability
company, or subsidiary or parent of any of the foregoing.
f.
HOLMDEL MAJOR DEVELOPER CONTRIBUTION – Shall mean any Holmdel Township campaign contribution or Holmdel Township political committee contribution made by a major developer during the preceding three years, and any other contribution made during the three years proceeding the land use application filing date by the major developer to any other election fund, political organization or committee or political action committee listed on the Political Contribution Disclosure Statement form prepared in accordance with subsection 2-79A.2c.
g.
HOLMDEL CAMPAIGN CONTRIBUTION – Shall mean any contribution,
as defined herein, to any campaign committee or election fund of any
candidate for, or holder of the office of Holmdel Township Committee.
h.
HOLMDEL TOWNSHIP POLITICAL COMMITTEE CONTRIBUTION – Shall mean
any contribution, as defined herein, to any Holmdel Township political
club or political committee.
i.
MUNICIPAL LAND USE AGENCY – Shall mean the Township of Holmdel
Planning Board and Zoning Board of Adjustment.
j.
POLITICAL CONTRIBUTION DISCLOSURE STATEMENT – Shall mean a
list on a form provided by the Holmdel Township Clerk specifying the
amount, date, and the recipient of any and all Holmdel Township major
developer political contributions as defined herein.
k.
PASS-THROUGH CAMPAIGN CONTRIBUTIONS – Shall mean any contribution,
as defined herein, made to any campaign committee or election fund
of any candidate for, or holder of the office of, Holmdel Township
Committee, or to any Holmdel political club or political committee
that is received from the election fund or other campaign account,
of any elected official or candidate of any officer other than Holmdel
Township Committee or from any local, County or State party committee
or organization, or any political action committee or fund of any
kind, whether within or without Holmdel Township or Monmouth County.
l.
TOWNSHIP – Shall refer to the Township of Holmdel.
[Ord. No. 2007-07 § I]
a.
Each major developer shall prepare, execute and file with the Township
Clerk at least 10 days prior to a public hearing before a municipal
land use agency on a development matter relating to a major developer,
a Political Contribution Disclosure Statement, for all major developers
involved in the development matter that is pending before the municipal
land use agency.
b.
Any major developer required to comply with this section shall amend
its Political Contribution Disclosure Statement as necessary to reflect
political contributions made after the initial filing date of the
statement, up to the effective date of approval or denial of the Land
Use Application, so that the information contained therein is at all
times accurate and current.
c.
The Political Contribution Disclosure Statement form prepared by
the Township Clerk in accordance with this section shall require the
listing of all campaign contributions of major developers during the
three-year period preceding the filing date of the application.
[Ord. No. 2007-07 § I]
Any person or entity, who, being subject to the provisions of
this section, fails to file or amend a Political Contribution Disclosure
Statement, or who files a false or materially inaccurate Political
Contribution Disclosure Statement, shall be subject to a fine of up
to $500 for a first offense and a fine of not less than $1,000 nor
more than $2,000 for each subsequent offense within two years of conviction
of the first offense. Each day of having neglected to file or amend
an existing filing or having failed to correct a false or materially
inaccurate filing shall be deemed a separate offense for which additional
citations may be issued.
[Ord. No. 2007-19 § I]
a.
It shall be prohibited for any person holding the office of Township
Committee member in the Township to hold any other elected office
in the County, State or Federal Government simultaneously with their
holding Township office.
b.
It shall be prohibited for any person employed by the Township to
simultaneously hold the elective office of Township Committee member
while so employed by the Township in another position.
c.
The provisions set forth above shall be prospective only such that
the prohibitions set forth herein shall not apply to any currently
elected Township Committee member for the remainder of his/her current
term of office.
