[HISTORY: Adopted by the City Council of the City of Brigantine 8-7-1991
by Ord. No. 15-1991. Amendments noted where applicable.]
The Board established by this chapter shall be known as the "City of
Brigantine Ethics Board," and any Code of Ethics established pursuant to this
chapter shall be known as the "Brigantine Ethics Code."
The findings in relation to this chapter are as follows:
A.
Public office and employment are a public trust;
B.
The vitality and stability of representative democracy
depends upon the public's confidence in the integrity of its elected and appointed
representatives;
C.
It is desirous never to imperil the confidence that the
public may have in any government officer or employee by allowing the perception
of a conflict between the private interests and the public duties of said
government officer or employee;
D.
Governments have a duty both to provide their citizens
with standards by which they 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;
F.
The City of Brigantine is desirous of establishing a
Brigantine Board of Ethics and a Brigantine Ethics Code which meet the new
mandates of the State of New Jersey's Local Government Ethics Law.
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 City of Brigantine shall be clear, consistent,
uniform in their application and 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.
C.
This chapter is enacted under the authority of the Local
Government Ethics Law, P.L. 1991, c. 29, and under the further authority granted
to the City of Brigantine under the provisions of Titles 40 and 40A of the
New Jersey Statutes Annotated.
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 City of Brigantine,
and any independent local authority which performs functions other than of
a purely advisory nature, but shall not include a school board.
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 any agency, board, governing body, bureau, division,
office, commission or other instrumentality within the City of Brigantine
which performs functions other than of a purely advisory nature, who is not
an officer, but shall not mean any employee of a school district.
The Mayor and Council or other body, by whatever name it may be known,
having charge of the finances of the City of Brigantine.
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 of the City
of Brigantine, residing in the same household as said officer or employee
of said City of Brigantine.
Any person, whether compensated or not, whether part-time or full-time,
who falls into one of the following categories:
Any person who is elected to any office of any agency, board, governing
body, office, commission or other instrumentality within the City of Brigantine,
and any independent local authority created by or appointed under the authority
of the City of Brigantine which performs functions other than of a purely
advisory nature.
Any person who is serving on any agency, board, governing body, office,
commission or other instrumentality within the City of Brigantine, and any
independent local authority created by or appointed under the authority of
the City of Brigantine which performs functions other than of a purely advisory
nature and which has the authority to enact ordinances, approve development
applications or grant zoning variances.
Any person who is a member of a municipal authority.
Any person who formulates management policies or practices and/or is
charged with the responsibility of directing the effectuation of such management
policies and practices.
Any person whose functional responsibilities or knowledge in connection
with the issues involved in the collective negotiations process would make
his membership on any appropriate negotiating unit incompatible with his official
duties.
Any employee of a school district or member of a school board is specifically
not considered an "officer" for the terms of this chapter.
An officer or employee of the City of Brigantine.
Officers and employees of the City of Brigantine shall meet the following
ethical standards and comply with the following provisions:
A.
No officer or employee 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.
B.
No officer or employee shall use or attempt to use his
or her official position to secure unwarranted privileges or advantages for
himself, herself or others.
C.
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 a 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.
D.
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.
E.
No officer or employee, member of his or her immediate
family or business organization in which he or she has an interest shall solicit
or accept any gift, favor, loan, 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 purposes 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 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.
F.
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 or herself, any member of his or her
immediate family or any business organization with which he or she is associated.
G.
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 City of Brigantine in connection with any cause, proceeding, application
or other matter pending before any agency in the City of Brigantine. This
provision shall not be deemed to prohibit an employee from representing another
employee where the agency is the City of Brigantine and the representation
is within the context of official labor union or similar representational
responsibilities.
H.
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, profession, occupation or group.
I.
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.
J.
Nothing shall prohibit any officer or employee 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.
K.
Nothing in this section shall be deemed to prohibit the
Public Defender in the City of Brigantine from representing any person appearing
in the Brigantine Municipal Court regardless of whether said individual falls
within the parameters of the Brigantine Ethics Code.
L.
Independent local authority.
(1)
No independent local authority shall, if the same does
indeed exist within a municipality, for a period of one year next subsequent
to the termination of office of a member of said 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 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.
Officers of the City of Brigantine 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, as well as:
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 commission 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 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 for personal appearances, speeches
or writings received by the officer or a member of his or her immediate family
during the proceeding 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 officer or member of his or her immediate family
during the preceding calendar year.
D.
The name and address of all business organizations in
which the 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 officer or a member of his or her immediate family
held an interest during the preceding calendar year.
A.
The City of Brigantine Ethics Board shall prescribe a
financial disclosure statement form for filing purposes. If a financial disclosure
statement form has been promulgated by the New Jersey Local Finance Board
in accordance with the New Jersey Local Government Ethics Law,[1] then the Brigantine Ethics Board shall use that form. If no such
financial disclosure statement form has been promulgated by the New Jersey
Local Finance Board, then the Brigantine Ethics Board shall prepare the forms
to be used for compliance pursuant to the City of Brigantine Ethics Code.
The City of Brigantine Ethics Board shall make the forms available to the
local officers within its jurisdiction.
[1]
Editor's Note: See N.J.S.A. 40:A9-22.1 et seq.
B.
The original financial disclosure statement shall be
filed with the Municipal Clerk of the City of Brigantine. A copy of the statement
shall be filed with the City of Brigantine Ethics Board and the Local Finance
Board in the Division of Local Government Services in the Department of Community
Affairs with the State of New Jersey.
C.
The original financial disclosure statement to be filed
in 1991 shall be filed on or before August 19, 1991. All financial disclosure
statements to be filed in subsequent years shall be filed on or before April
30 of each respective year.
D.
All financial disclosure statements filed shall be public
records.
A.
There is hereby established the City of Brigantine Ethics
Board, which shall consist of six members who are residents of the City of
Brigantine, at least two of whom shall be members of the public. The members
of the Brigantine Ethics Board shall be appointed by the Mayor and Council
of the City of Brigantine. 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 City of Brigantine Ethics
Board shall be of the same political party.
B.
The members of the Brigantine Ethics Board shall annually
elect a Chairman from among their membership.
C.
The members of the Brigantine Ethics Board shall serve
for terms 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 Brigantine Ethics Board shall be
filled in the same manner as the original appointment for the unexpired term.
D.
Members of the Brigantine Ethics Board shall serve without
compensation but shall be reimbursed by the City of Brigantine for necessary
expenses incurred in the performance of their duties.
A.
The City of Brigantine shall provide the City of Brigantine
Ethics Board with offices for the conduct of said Ethics Board's business
and the preservation of said Board's records and shall supply equipment and
supplies as may be necessary.
B.
All necessary expenses incurred by the City of Brigantine
Ethics Board and its members shall be paid, upon certification of the Chairman
of said Ethics Board, by the City of Brigantine within the limits of funds
appropriated by the City of Brigantine in the City of Brigantine's annual
budget or by emergency appropriations for those purposes.
C.
The City of Brigantine Ethics Board may appoint employees,
including independent counsel and clerical staff, as are necessary to implement
the Brigantine Ethics Code within the limits of the funds appropriated by
the City of Brigantine for those purposes.
D.
Nothing herein shall prevent the Brigantine Ethics Board
from receiving clerical assistance from the clerical staff of the City of
Brigantine.
A.
Within 90 days after the establishment of the Brigantine
Ethics Board, said Ethics Board shall promulgate by resolution a Code of Ethics
to be adhered to by the appropriate officers and employees of the City of
Brigantine. Officers and employees serving an independent authority in the
City of Brigantine, if any, shall be deemed to be serving the City of Brigantine
for the purposes of this chapter.
C.
Within 15 days following the promulgation of the City
of Brigantine Ethics Code, said City of Brigantine Ethics Code and a notice
of the date of the public hearing to be held thereon shall be published in
either the Beachcomber News or the Press and Sunday Press and shall be distributed
to the City Clerk and the City Manager for circulation among the affected
officers and employees within the City of Brigantine.
D.
The City of Brigantine Ethics Board shall hold a public
hearing on the Brigantine Ethics Code not less than 30 days following its
promulgation, at which time any person wishing to be heard shall be permitted
to testify. As a result of said hearing, the Brigantine Ethics Board may amend
or supplement the Brigantine Ethics Code as it deems necessary.
E.
If the Brigantine Ethics Code is not identical to the
provisions set forth in the appropriate sections of the Local Government Ethics
Law, the City of Brigantine Ethics Board shall thereafter submit said Brigantine
Ethics Code to the Local Finance Board in the Division of Local Government
Services in the Department of Community Affairs of the State of New Jersey
for approval.
F.
If the Local Finance Board and the Division of Local
Government Services in the Department of Community Affairs fails to act within
60 days of the submission of the Brigantine Ethics Code by the Brigantine
Ethics Board, said Brigantine Ethics Code shall be deemed approved. If the
City of Brigantine Ethics Board elects to submit the Brigantine Ethics Code
to the Local Finance Board in the Division of Local Government Services in
the Department of Community Affairs, said Brigantine Ethics Code shall take
effect 60 days after the approval by said Local Finance Board.
G.
If the Brigantine Ethics Code is identical to the provisions
set forth in the pertinent section of the Local Government Ethics Law, said
Ethics Code shall take effect 10 days after the public hearing thereon.
H.
The Brigantine Ethics Board shall forward a copy of the
Brigantine Ethics Code to the City Clerk and shall make copies of the Brigantine
Ethics Code available to all individuals who fall within the parameters of
said code.
A.
The Brigantine Ethics Board shall have the following
powers:
(1)
To initiate, receive, hear and review complaints and
hold hearings with regard to possible violations of the Brigantine Ethics
Code or financial disclosure requirements contained therein by any individual
falling within the parameters of the Brigantine Ethics Code.
(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 Brigantine
Ethics Code or the financial disclosure requirements contained therein by
appropriate individuals who fall within the parameters of the Brigantine Ethics
Code which may become the subject of criminal prosecution or which may warrant
the institution of other legal proceedings by the Attorney General.
(4)
To render advisory opinions to individuals who fall within
the parameters of the Brigantine Ethics Code as to whether a given set of
facts and circumstances would constitute a violation of any provisions of
the Brigantine Ethics Code or the financial disclosure requirements contained
therein
(5)
To enforce the provisions of the Brigantine Ethics Code
and financial disclosure requirements contained therein with regard to individuals
falling within the parameters of said Ethics Code and to impose penalties
for the violation thereof as are authorized by this chapter.
(6)
To adopt rules and regulations and to do other things
as are necessary to implement the purposes of this chapter.
B.
Advisory opinions.
(1)
An individual who falls within the parameters of the
Brigantine Ethics Code may request and obtain from the Brigantine Ethics Board
an advisory opinion as to whether any proposed activity or conduct would,
in the Board's opinion, constitute a violation of the Brigantine Ethics Code
or the financial disclosure requirements contained therein.
(2)
Advisory opinions of the Brigantine Ethics Board shall
not be made public, except when the Ethics Board, by the vote of 2/3 of all
of its members, directs that any said opinion be made public.
(3)
Public advisory opinions shall not disclose the name
of the individual requesting the same unless the Brigantine Ethics Board,
in directing that that opinion be made public, so determines.
C.
Hearings.
(1)
In the event that a hearing is to be held pursuant to
the Brigantine Ethics Code, any person charged with a violation of said Ethics
Code or the financial disclosure requirements contained therein shall be given
the following:
(3)
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.
A.
The Brigantine Ethics Board, upon receipt of a signed
written complaint by any person alleging that the conduct of any officer or
employee serving the City of Brigantine is in conflict with the Brigantine
Ethics Code or the financial disclosure requirements contained therein, shall
acknowledge receipt of said complaint within 30 days of the receipt thereof
and initiate an investigation concerning the facts and circumstances set forth
in said complaint.
B.
The Brigantine Ethics Board shall make a determination
as to whether the complaint is within its jurisdiction, frivolous or without
any reasonable factual basis.
C.
If the Brigantine Ethics 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 individual against whom the complaint was filed.
D.
If the Brigantine Ethics Board shall conclude that the
complaint is within its jurisdiction and is not frivolous and has a factual
basis, the Brigantine Ethics Board shall notify the individual against whom
the complaint was filed of the nature of the complaint and the facts and circumstances
set forth therein.
E.
Said individual shall have the opportunity to present
the Brigantine Ethics Board with any statement or information concerning the
complaint which he or she wishes.
F.
Thereafter, if the Brigantine Ethics Board determines
that a reasonable doubt exists as to whether the individual is in conflict
with the Brigantine Ethics Code or the financial disclosure requirements contained
therein, the Brigantine Ethics Board shall conduct a hearing in the manner
prescribed by this chapter concerning the possible violation and any other
facts and circumstances which may have come to the Brigantine Ethics Board's
attention with respect to the conduct of said individual.
G.
The Brigantine Ethics Board shall render a decision as
to whether the conduct of said individual is in conflict with the Brigantine
Ethics Code or any financial disclosure requirements contained therein. This
decision shall be made by no less than 2/3 of all members of the Brigantine
Ethics Board.
H.
If the Brigantine Ethics Board determines that the individual
is in conflict with the Brigantine Ethics Code or any financial disclosure
requirements contained therein, the Board may impose any penalties which it
believes appropriate within the limitations of this chapter.
I.
A final decision of the Brigantine Ethics Board may be
appealed to the Local Finance Board within 30 days of the rendering of said
decision.
J.
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 at least five years from the date of filing and
preparation of the same.
A.
An appointed officer or employee found guilty by the
Brigantine Ethics Board of a violation of any provisions of the Brigantine
Ethics Code 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 et seq.[1] The Brigantine Ethics 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]
Editor's Note: N.J.S.A. 2A:58-1 et seq. was repealed by P.L. 1999,
c. 274, § 4. See now 2A:58-10 et seq.
B.
An elected officer or employee of the City of Brigantine
found guilty by the Brigantine Ethics Board of the violation of any provisions
of the Brigantine Ethics Code 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 et seq.[2]
[2]
Editor's Note: N.J.S.A. 2A:58-1 et seq. was repealed by P.L. 1999,
c. 274, § 4. See now 2A:58-10 et seq.
C.
The finding of the Brigantine Ethics Board that an appointed
officer or employee is guilty of the violation of the provisions of the Brigantine
Ethics Code 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 charged with violating the provisions of the Brigantine Ethics Code, 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 and the rules promulgated pursuant thereto.
