[HISTORY: Adopted by the Township Council
of the Township of Old Bridge 9-29-1994 by Ord. No. 61-94 (Sec. 3-6 of the 1973
Revised General Ordinances). Amendments noted where applicable.]
"No man can serve two masters nor should he
attempt to do so." Public office and employment are public trusts.
The vitality and stability of representative democracy depend upon
the public's confidence in the integrity of its elected and appointed
representatives. Whenever the public perceives a conflict between
the private interests and the public duties of a government officer
or employee, that confidence is imperiled. 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. The governing body of the
Township of Old Bridge declares that all citizens should be treated
with courtesy, impartiality, fairness and equality. Public officials
should avoid actual and potential conflicts between their private
self-interest and the public interest.
A.
It is the purpose of this chapter to provide a method
of assuring that standards of ethical conduct and financial disclosure
requirements for officers and employees of the Township of Old Bridge
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.
B.
It is the further purpose of this chapter to implement
the provisions of the Local Government Ethics Law, P.L. 1991, c. 29,
N.J.S.A. 40A:9-22.1 et seq.
C.
This chapter is enacted under the authority of the
Local Government Ethics Law, P.L. 1991, c. 29, N.J.S.A. 40A:9-22.1
et seq. and under the further authority granted to the Township of
Old Bridge under the provisions of Titles 40 and 40A of the New Jersey
Statutes.
As used in this chapter, the following terms
shall have the meanings indicated:
Any agency, board, governing body, including the chief executive
officer, office, commission or other instrumentality within the Township
of Old Bridge, and any independent local authority created by or appointed
under the authority of the Township of Old Bridge, which performs
functions other than of a purely advisory nature.
Any corporation, partnership, firm, enterprise, franchise,
association, trust, sole proprietorship, union or other legal entity.
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.
The ownership or control of more than 10% of the profits,
assets or stock of a business organization but shall not include the
control of assets in a nonunion profit entity or labor union.
The spouse or dependent child of an officer or employee residing
in the same household.
Any person, whether compensated or not, whether
part-time or full-time, who is one of the following:
Mayor.
Member of the Township Council.
Business Administrator.
Department head.
Chief of Police.
Deputy Chief of Police.[1]
Tax Assessor.
Chief Financial Officer.
Township Clerk.[2]
Consultant engineers and planners.[3]
Assistant Township Attorney.
Township Prosecutor.
Planning Board member.
Planning Board Attorney.
Zoning Board of Adjustment member.
Zoning Board of Adjustment Attorney.
Rent Board member.
Rent Board Attorney.
Construction Code Officer.
Plumbing Inspector.
Municipal Utilities Authority member.
Municipal Utilities Authority Engineer.
Municipal Utilities Authority Attorney.
Municipal Utilities Authority Executive Director.
Library Board member.
Director of Township Library.
Ethical Standards Board.
Housing Authority.
Cable TV Committee.
Channel 29 Personnel.
Tax Collector.
[Added 10-27-1997 by Ord. No. 36-97]
Any other person who is a managerial executive
or confidential employee, as defined in § 3 of the "New
Jersey Employer-Employee Relations Act," N.J.S.A. 34:13A-3, of the
Township of Old Bridge or of an agency created under the authority
of or appointed by the Township of Old Bridge.
"Local government officer" shall not mean any
employee of a school district or member of the school board.
An officer or employee of the Township of Old Bridge or of
an agency under the authority of or appointed by the Township of Old
Bridge.
[1]
Editor's Note: The positions of Captain and
Lieutenant, which previously followed this subsection, were repealed
5-13-1996 by Ord. No. 22-96.
[2]
Editor's Note: The position of Township Auditor,
which previously followed this subsection, was repealed 5-13-1996
by Ord. No. 22-96.
[3]
Editor's Note: The position of Municipal Judge,
which previously followed this subsection, was repealed 6-23-1997
by Ord. No. 25-97.
While it is recognized that the Old Bridge Township
Ethical Standards Board created by this chapter is vested with authority
to promulgate the Municipal Code of Ethics for all local government
officers and employees, the Township Council intends to state ethical
principles which it believes should be incorporated in the Code of
Ethics by adopting resolution(s) from time to time expressing the
view of the Council.
A.
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:
(1)
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;
(2)
Each source of fees and honorariums having an aggregate
amount exceeding $250 from any single source for personal appearances,
speeches or writings received by the local government officer or a
member of his or her immediate family during the preceding calendar
year;
(3)
Each source of gifts, reimbursements or 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;
(4)
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; 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 of Old Bridge Ethical Standards Board
shall prescribe a financial disclosure statement form for filing purposes.
If a financial disclosure statement form has been promulgated by the
New Jersey Local Finance Board, in accordance with the New Jersey
Local Government Ethics Law,[1] then that form shall be used. The Township Clerk shall
make the forms available to the officers and employees required to
file a financial disclosure statement.
[1]
Editor's Note: See N.J.S.A. 40A:9-22.1 et
seq.
C.
The original statement shall be filed with the Township
Clerk on or before April 30th of each year. A copy of the statement
shall be filed with the Township of Old Bridge Ethical Standards Board.
D.
All financial disclosure statements filed shall be
public records.
A.
There is hereby established the Township of Old Bridge
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.
[Amended 9-9-2013 by Ord.
No. 2013-17]
B.
The members of the Township of Old Bridge Ethical
Standards Board shall annually elect a Chairperson from among the
membership.
C.
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 terms of five years, one member
shall be appointed to serve for a term of four years, and the remaining
members shall be appointed to serve for terms of three years. Each
member shall serve until his or her successor has been appointed and
qualified. Any vacancy occurring in the membership of the Board shall
be filled in the same manner as the original appointment for the unexpired
term.
[Amended 9-9-2013 by Ord.
No. 2013-17]
D.
Members of the Board shall serve without compensation
but shall be reimbursed for necessary expenses incurred in the performance
of their duties under this chapter.
E.
All hearings required pursuant to this chapter shall
be conducted in conformity with the rules and procedures, insofar
as they may be applicable, provided for hearings by a state agency
in contested cases under the Administrative Procedure Act, N.J.S.A.
52:14B-1 et seq.
F.
In the event a hearing is to be held, the officer
or employee charged with a violation of this chapter shall be accorded
due process of law, including but not limited to the following:
(1)
Right to counsel.
(2)
Right to prehearing discovery.
(3)
Right to take sworn oral and written testimony from
any person.
(4)
Reasonable notice of hearing.
(5)
Right to subpoena persons and documents.
(6)
Right to make stenographic record of the hearing.
(7)
Right of examination and cross-examination.
A.
The Mayor shall provide the Township of Old Bridge
Ethical Standards Board with the facilities needed for the conduct
of its business and the preservation of its records and shall supply
equipment and supplies as may be necessary and as may be provided
for in the annual municipal budget.
B.
All necessary expenses incurred by the Township of
Old Bridge Ethical Standards 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 of Old Bridge 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.
A.
Within 90 days after the appointment of the Township of Old Bridge 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 chapter. Until such time as the Township of Old Bridge Ethical Standards Board shall have adopted a Code of Ethics, the provisions set forth in § 145-4 shall serve as the Code of Ethics.
B.
The Code of Ethics promulgated by the Board shall
be either identical to the provisions set forth in N.J.S.A. 40A:9-22.5
or more restrictive, but shall not be less restrictive.
C.
Within 15 days following the promulgation thereof,
the Code of Ethics, and a notice of the date of the public hearing
to be held on the Code of Ethics, shall be published in the newspaper
designated for the publication of official notices for the Township
and shall be distributed to the Township Clerk and to the Mayor for
circulation among the officers and employees serving the Township.
D.
The Township of Old Bridge 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.
E.
As a result of the hearing, the Board may amend or
supplement the Code of Ethics as it deems necessary.
F.
If the Code of Ethics is not identical to the provisions
set forth in N.J.S.A. 40A:9-22.5, the Old Bridge Township Ethical
Standards Board shall, as required by law, submit the Code of Ethics
to the New Jersey Local Finance Board for approval.
G.
If the Board fails to act within 60 days of the submission,
the Code of Ethics shall be deemed approved.
H.
A Code of Ethics requiring approval by the New Jersey
Local Finance Board shall take effect 60 days after approval by the
Commission.
I.
A Code of Ethics identical to the provisions set forth
in N.J.S.A. 40A:9-22.5 shall take effect 10 days after the public
hearing.
J.
The Board shall forward a copy of the Code of Ethics
to the Township Clerk and shall make copies available to officers
and employees serving the Township.
The Ethical Standards Board shall have the following
powers:
A.
To initiate, receive, hear and review complaints and
hold hearings with regard to possible violations of the Municipal
Code of Ethics or financial disclosure requirements by local government
officers or employees serving the Township;
B.
To issue subpoenas for the production of documents
and the attendance of witnesses with respect to its investigation
of any complaint or to the holding of a hearing;
C.
To forward to the County Prosecutor or the Attorney
General or other governmental body any information concerning violations
of the Code of Ethics or financial disclosure requirements by officers
or employees serving the Township which may warrant the institution
of other legal proceedings by the Attorney General;
D.
To render advisory opinions to local 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 authorized by this chapter; and
F.
To adopt rules and regulations and do other things
as are necessary to implement the purposes of this chapter.
A.
An officer or employee of the Township of Old Bridge
may request and obtain from the Old Bridge Township Ethical Standards
Board an advisory opinion as to whether any proposed activity or conduct
would in its opinion constitute a violation of the Code of Ethics
or any financial disclosure requirements.
B.
Advisory opinions shall not be made public, except
when the Board by the vote of two-thirds 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 unless the Board in directing that the
opinion be made public so determines.
A.
The Old Bridge 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 Old Bridge
serving the Township is in conflict with the Code of Ethics or financial
disclosure requirements, shall acknowledge receipt of the complaint
within 30 days of receipt and initiate an investigation concerning
the facts and circumstances set forth in the complaint.
B.
The Board shall make a determination as to whether
the complaint is within its jurisdiction or frivolous or without any
reasonable factual basis.
C.
If the Board shall conclude that the complaint is
outside its jurisdiction, frivolous or without factual basis, it shall
reduce that conclusion to writing and shall transmit a copy thereof
to the complainant and to the officer or employee of the Township
of Old Bridge 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 of
Old Bridge 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.
If the Board determines that a reasonable doubt exists
as to whether the officer or employee of the Township of Old Bridge
is in conflict with the Municipal Code of Ethics or any financial
disclosure requirements, the Board shall conduct 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 of all members of the Board.
H.
If the Board determines that the officer or employee
is in conflict with the Code of Ethics or any financial disclosure
requirements, it may impose any penalties which it believes appropriate
within the limits of this chapter.
A.
An appointed officer or employee of the Township of
Old Bridge found guilty by Old Bridge Township Ethical Standards Board
of the violation of any provision of this chapter or of any Code of
Ethics in effect pursuant to this chapter shall be fined not less
than $100 nor more than $500, which penalty may be collected in a
summary proceeding pursuant to the Penalty Enforcement Law of 1999,
N.J.S.A. 2A:58-10 et seq. The Old Bridge 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.[1]
B.
An elected officer or employee of the Township of
Old Bridge found guilty by the Old Bridge Township Ethical Standards
Board of the violation of any provision of this chapter or of any
Code of Ethics in effect pursuant to this chapter shall be fined not
less than $100 nor more than $500, which penalty may be collected
in a summary proceeding pursuant to the Penalty Enforcement Law of
1999, N.J.S.A. 2A:58-10 et seq.[2]
C.
The finding by the Old Bridge Township Ethical Standards
Board that an appointed officer or employee of the Township of Old
Bridge is guilty of the violation of the provision of this chapter,
or of any Code of Ethics in effect pursuant to this chapter, shall
be sufficient cause for his or her removal, suspension, demotion or
other disciplinary action by the officer or agency having the power
of removal or discipline.
All statements, complaints, requests, or other
written material filed pursuant to this chapter, and any rulings,
opinions, judgments, transcripts or other official papers prepared
pursuant to this chapter, shall be preserved for a period of five
years from the date of filing or preparation, as the case may be.
