[HISTORY: Adopted by the Mayor and Council
of the Borough of Closter 9-11-1991 by Ord. No. 1991:615. Amendments noted
where applicable.]
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 Borough
of Closter and any independent local authority created by or appointed
under the authority of the Borough of Closter which performs function
other than of a purely advisory nature.
Any corporation, partnership, firm, enterprise, franchise,
association, trust, sole proprietorship, union or other legal entity.
[Amended 1-3-1994 by Ord.
No. 1993:663]
Any person, whether compensated or not, whether part-time
or full-time, employed by or serving on a Borough agency who is not
an 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 nonprofit entity or labor union.
The spouse or dependent child of an officer or employee residing
in the same household.
[Amended 7-22-1992 by Ord. No. 1992:626]
Any person, whether compensated or not, whether part-time
or full-time:
Elected to any office of a Borough agency;
Serving on a Borough agency which has the authority
to enact ordinances, approve development applications or grant zoning
variances;
Who is a member of an independent municipal
authority;
Who formulates management policies and practices
and who is charged with the responsibility of directing the effectuation
of such management policies and practices; or
Whose functional responsibilities or knowledge
in connection with the issue involved in the collective negotiations
process would make his or her membership in any appropriate negotiating
unit incompatible with his or her official duties, and shall include
but not be limited to the Mayor, members of the Borough Council, the
Borough Administrator, the Superintendent of Public Works, the Director
of the Department of Recreation, the Chief of Police, members of the
Police Department who hold the rank of Captain or above, the Tax Assessor,
the Borough Clerk, the Borough Attorney, the Borough Engineer, the
Borough Planning Consultant, the Borough Auditor, the Municipal Prosecutor,
the Public Defender, Planning Board members, the Planning Board Attorney,
Zoning Board of Adjustment members, Zoning Board of Adjustment Attorneys,
Local Assistance Board members, the Director of Public Assistance,
the Fire Chief, Library Board members, the Library Director, the Tax
Collector/Treasurer, members of the Board of Health, the Health Officer/Sanitarian,
the Shade Tree Commission members, all Borough Deputies, the Construction
Code Official/Zoning Officer, the Borough Fire Official, members of
the Board of Ethics and the Attorney to the Board of Ethics.
An officer or employee of the Borough of Closter or of an
agency under the authority of or appointed by the Borough of Closter.
[Amended 9-23-1992 by Ord. No. 1992:260]
Officers and employees of the Borough of Closter
shall comply with the following provisions:
A.
No officer or employee of the Borough of Closter or
member of his or her immediate family shall have an interest in any
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.
B.
Independent local authorities.
(1)
No independent local authority shall for a period
of one year subsequent to the termination of office of a member of
that authority:
(a)
Award any contract which is not publicly bid to a
former member of that authority;
(b)
Allow a former member of that authority to represent,
appear for or negotiate on behalf of any other party before that authority;
or
(c)
Employ for compensation, except pursuant to open competitive
examination in accordance with Title 11A of the New Jersey Statutes
Annotated and the rules and regulations promulgated pursuant thereto,
any former member of that authority.
(2)
The restrictions contained in this subsection shall
also apply to any business organization in which the former authority
member holds an interest.
C.
No officer or employee shall use or attempt to use
his or her official position to secure unwarranted privileges or advantages
for himself or herself or others.
D.
No officer or employee shall act in his or her official
capacity in any manner 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
of judgment.
E.
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.
F.
No officer or employee, members 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 or her, directly or indirectly, in the discharge of his or her
official duties. This provision shall not apply to the solicitation
or acceptance of contribution 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.
G.
No officer or employee shall use or allow to be used
his or her public office or employment or use, allow to be used or
disclose 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 or herself, any member of his
or her immediate family or any business organization with which he
or she is associated.
H.
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 Borough in connection with any cause, proceeding, application
or other matter pending before any Borough agency. 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, nor shall
this provision be applicable to the Borough Public Defender with respect
to representation of defendants in the Municipal Court.
I.
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,
professional occupation or group to any greater extent than any gain
could reasonably be expected to accrue to any other member of such
business, profession, occupation or group.
J.
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 member of his or her immediate family, whether directly
or indirectly, in return therefor.
K.
No officer or employee of the Borough or any of its
agencies shall direct or cause any employee of the Borough to do or
perform any service or work outside of public work or employment,
nor shall any officer or employee of the Borough perform any such
service or work for such officer or employee.
L.
Nothing shall prohibit any officer or employee of
the Borough of Closter 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.
M.
No officer or employee shall approve or disapprove
or in any way recommend the payment of any bill, voucher or indebtedness
owed or allegedly owed by the Borough in which he or she has a direct
or indirect interest.
N.
No officer or employee elected or appointed in the
Borough shall request, use or permit the use of any public property,
vehicle, equipment, material, labor or service for personal convenience
or the private advantage of himself or herself 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 the general
practice to make available to the public at large or which is provided
as a matter of stated public policy for the use of officers and employees
in the conduct of official business.
A.
All officers and employees of the Borough of Closter
shall annually file a financial disclosure statement.
B.
All financial disclosure statements shall include
the following information which shall specify, where applicable, the
name and address of each source, the officer's or employee's name,
residence address and job title:
(1)
Each source of income, earned or unearned, exceeding
$2,000, received by the officer or employer 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 officer or employee
or member of his or her immediate family has a financial 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 writing received by the officer or employee 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 officer or employee 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 officer or employee or a member of his or her immediate
family had any interest, including a personal interest, during the
preceding calendar year.
(5)
The address and brief description of all real property
in this state in which the officer or employee or a member of his
or her immediate family held a financial or personal interest during
the preceding calendar year. As to any interest in real property in
his or her own name or in conjunction with another person, the officer
or employee shall set forth the nature of his or her interest and
the identity of the other person having another interest in the property.
(6)
Whether or not he or she, his or her spouse, to his
or her knowledge, or any business association in which he or she has
an interest at present or in the past 12 months has had any interest,
directly or indirectly, in any application to the Borough or any Borough
agencies or in any license, bid, contract, transaction or matter involving
the Borough or any of its agencies or requiring any official action
by the Borough or any of its officers or public bodies. If the officer,
employee, spouse or business association in which he or she has an
interest had such interest, the officer or employee shall fully set
forth and describe the matter, including in his or her description
the names of the persons involved, the name of the Borough agency
or public body involved, whether or not the matter is still pending,
if concluded, the outcome of the matter, and the name of each person
who handled the matter for the Borough or any of its agencies or public
bodies.
C.
Financial disclosure shall be made on the financial
disclosure statement forms promulgated by the New Jersey Local Finance
Board in accordance with the New Jersey Local Government Ethics Law[1] and addenda to such forms, as required. The Borough Clerk
shall make the forms available to the officers and employees required
to file a financial disclosure statement. All statements shall be
filed on or before April 30 each year, except that each local government
officer shall file a financial disclosure statement within 30 days
of taking office. The original statement shall be filed with the Borough
Clerk. A copy of the statement shall be filed with the Local Finance
Board and with the Borough of Closter Board of Ethics.
[Amended 5-25-2011 by Ord. No. 2011:1087]
[1]
Editor's Note: See N.J.S.A. 40A:9-22.1 et
seq.
D.
All financial disclosure statements shall be public
records.
A.
Organization.
[Amended 7-22-1992 by Ord. No. 1992:626]
(1)
Appointment and membership.
[Amended 5-25-2011 by Ord. No. 2011:1087]
(a)
There is hereby established the Borough of Closter Board of Ethics consisting of six members who are residents of the Borough who shall hold no other office or employment with any public body in the Borough. The members of the Board shall be appointed by the Mayor and Council in the manner set forth in Subsection A(1)(b) of this section. The members shall be chosen by virtue of their known and consistent reputation for integrity and their knowledge of local government affairs. No more than three members of the Board shall be of the same political party.
(b)
The following Borough organizations shall be requested
by the Mayor and Council at least 30 days prior to appointment to
recommend to the Mayor and Council the names of two candidates for
appointment to the Board of Ethics: Library Trustees, Recreation Committee,
Shade Tree Commission, Environmental Commission, Improvement Commission
and Historic Preservation Commission. The two candidates recommended
by each organization shall not be of the same political party. The
candidates selected shall not be members of the aforesaid organizations.
Each Board has 30 days from the date the Chairman receives the request
to respond. In the event none of the above-mentioned Borough organizations
make the requested recommendations within 30 days of receipt, the
Mayor and Council shall nominate and/or appoint members without obtaining
the recommendation(s).
(2)
The members of the Borough of Closter Board of Ethics
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 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.
(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 Act, N.J.S.A.
52:14B-1 et seq.
(6)
In the event that a hearing is to be held, the officer
or employee charged with any violation hereof shall be accorded due
process of law, including but not limited to the following:
B.
Facilities and staff.
(1)
The Mayor and Council shall provide the Borough of
Closter Board of Ethics 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 Borough of
Closter Board of Ethics and its members shall be paid, upon certification
of the Chairperson of the Board, by the Borough Treasurer within the
limits of funds appropriated in the annual budget or by emergency
appropriations for those purposes.
[Amended 1-3-1994 by Ord.
No. 1993:663]
(3)
The Borough of Closter Board of Ethics may request
and receive assistance from Borough officers and employees, including
the Borough Clerk and Borough 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 Mayor and Council for those purposes in the annual
budget.
C.
Adoption of the Code of Ethics.
(1)
Within 90 days after the appointment of the Borough
of Closter Board of Ethics, the Board shall promulgate by resolution
a Code of Ethics for all officers and employees serving the Borough.[1] Officers and employees serving an independent Borough authority shall be deemed to be serving the Borough for the purposes of this section. Until such time as the Borough of Closter Board of Ethics shall have adopted a Code of Ethics, the provisions set forth in § 18-2 shall serve as the Code of Ethics. The Code of Ethics promulgated by the Board of Ethics shall be either identical to the provisions set forth in § 18-2 or more restrictive but shall not be less restrictive.
[1]
Editor's Note: The Board of Ethics has adopted
a formal Code of Ethics, which is on file in the office of the Borough
Clerk.
(2)
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 Borough
and shall be distributed to the Borough Clerk for circulation among
the officers and employees serving the Borough.
(3)
The Borough of Closter Board of Ethics 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 Borough or
any other person wishing to be heard shall be permitted to testify.
(4)
As a result of the hearing, the Board of Ethics may
amend or supplement the Code of Ethics as it deems necessary.
(5)
If the Code of Ethics is not identical to the provisions set forth in § 18-2, the Borough of Closter Board of Ethics shall, as required by law, submit the Code of Ethics to the New Jersey Local Finance Board for approval.
(6)
If the Local Finance Board fails to act within 60
days of the submission, the Code of Ethics shall be deemed approved.
(7)
A Code of Ethics identical to the provisions set forth in § 18-2 shall take effect 10 days after the public hearing.
(8)
The Borough of Closter Board of Ethics shall forward
a copy of the Code of Ethics to the Borough Clerk and shall make copies
available to officers and employees serving the Borough.
D.
Powers and duties of the Board of Ethics.
(1)
The Borough of Closter Board of Ethics shall have
the following powers:
(a)
To initiate, receive, hear and review complaints and
hold hearings with regard to possible violations of the Borough Code
of Ethics or financial disclosure requirements by Borough officers
or employees.
(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 Borough which may warrant the institution
of other legal proceedings by the County Prosecutor or Attorney General.
(d)
To render advisory opinions to officers or employees
serving the Borough 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 and employees
serving the Borough and to impose penalties for the violations thereof
as are authorized by this section.
(f)
To adopt rules and regulations and to do other things
as are necessary to implement the purposes of this section.
(2)
The Board of Ethics shall report to the Mayor and
Council by May 15 of each year the name of any officer or employee
who has failed to file an annual disclosure statement.
(3)
The Board shall file an annual report of its activities
with the Mayor and Council by December 15 of each year.
E.
Advisory opinions.
(1)
An officer or employee of the Borough may request
and obtain from the Borough of Closter Board of Ethics 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 a vote of 2/3 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 of Ethics, in directing
that the opinion be made public, so determines.
F.
Complaints.
(1)
The Borough of Closter Board of Ethics, upon receipt
of a signed written complaint by any person alleging that the conduct
of any officer or employee serving the Borough 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 actual 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 Borough of
Closter 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 Borough of Closter
against whom the complaint was filed of the nature of the complaint
and the facts and circumstance set forth therein.
(5)
The officer or employee shall have the opportunity
to present the Board of Ethics with any statement or information concerning
the complaint which he or she wishes.
(6)
If the Board of Ethics determines that a reasonable
doubt exists as to whether the officer or employee of the Borough
of Closter is in conflict with the Borough Code of Ethics or any financial
disclosure requirements, the Board of Ethics shall conduct a hearing
concerning the possible violation and any other facts and circumstances
which may have come to the attention of the Board of Ethics with respect
to the conduct of the officer or employee.
(7)
The Board of Ethics 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 fewer than 2/3 of all members of the
Board.
(8)
If the Board of Ethics 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.
(9)
Upon the conclusion of any hearing pursuant to this
section, the Board of Ethics shall make a written report to the Mayor
and Council.
G.
Enforcement and penalties.
(1)
An appointed officer or employee of the Borough of
Closter found guilty by the Borough of Closter Board of Ethics 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
or 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 Borough
of Closter Board of Ethics shall report its finding 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 Borough of Closter
found guilty by the Borough of Closter Board of Ethics of the violation
of any provision of this chapter or of any Code of Ethics in effect
pursuant to this chapter shall be fined not less than $100 nor more
than $500, which penalty may be collected in a summary proceeding
pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1.
(3)
The finding of the Borough of Closter Board of Ethics
that an appointed officer or employee of the Borough of Closter is
guilty of the violation of the provisions of this chapter or of any
Code of Ethics in effect pursuant to this chapter shall be sufficient
cause for his or her removal, suspension, demotion or other disciplinary
action by the officer or agency having the power of removal or discipline.
When a person who is in the career service is found to have violated
the provisions of this chapter, the procedure leading to removal,
suspension, demotion or other disciplinary action shall be governed
by any applicable procedures of Title 11A of the New Jersey Statutes
Annotated and the rules promulgated pursuant thereto.
H.
Records of the Board of Ethics. All statements, complaints,
requests or other written materials 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.