[HISTORY: Adopted by the Borough Council of the Borough of
Paramus 10-26-2010 by Ord. No. 10-14.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Personnel policies — See Ch. 99.
[1]
Editor's Note: This ordinance also repealed former Ch.
37, Ethics, Code of, adopted 6-26-1973 by Ord. No. 73-17 (Ch. 2, Art.
9, of the 1969 Code), amended in its entirety 11-29-1988 by Ord. No.
88-13, and subsequently amended.
The Borough of Paramus hereby establishes a Municipal Ethics
Board pursuant to N.J.S.A. 40A:9-22.19.
The Municipal Ethics Board shall consist of six members, all
of whom are residents of the Borough of Paramus. At least two of the
members shall be public members.
The members of the Municipal Ethics Board shall be appointed
by the Mayor and Council and 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 Municipal Ethics Board shall
be of the same political party.
The members of the Municipal Ethics Board shall annually elect
a Chairman from among the membership.
The members of the Municipal Ethics Board shall serve 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 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 Municipal Ethics Board shall be filled in the same manner as
the original appointment for the unexpired term.
The members of the Municipal Ethics Board shall serve without
compensation, but shall be reimbursed by the Borough of Paramus for
necessary expenses incurred in the performance of their duties.
The Borough of Paramus shall provide the Municipal Ethics Board
with offices for the conduct of its business and the preservation
of its records, and shall supply such equipment and supplies as may
be necessary.
All necessary expenses incurred by the Municipal Ethics Board
and its members shall be paid, upon certification of the Chairman,
by the Municipal Treasurer within the limits of the funds appropriated
by the governing body, by annual or emergency appropriations for those
purposes.
The Municipal Ethics Board 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 municipal governing body for those purposes.
Within 90 days after the Municipal Ethics Board shall be established
and its members selected, the Board shall promulgate, by resolution,
a municipal Code of Ethics for all local government officers and employees
serving the Borough of Paramus. Local government officers and employees
serving a municipal independent authority shall be deemed to be serving
the municipality for the purposes of this chapter.
The Municipal Ethics 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 municipality;
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 municipal
Code of Ethics or financial disclosure requirements by local government
officers or employees serving the municipality which may become the
subject of criminal prosecution or which may warrant the institution
of other legal proceedings by the Attorney General;
D.
To render advisory opinions to local government officers or employees
serving the municipality as to whether a given set of facts and circumstances
would constitute a violation of any provision of the municipal Code
of Ethics or financial disclosure requirements;
E.
To enforce the provisions of the municipal Code of Ethics and financial
disclosure requirements with regard to local government officers or
employees serving the municipality and to impose penalties for the
violation thereof as are authorized by this chapter; and
F.
To adopt rules and regulations and to do other things as are necessary
to implement the purposes of this chapter.
A local government officer or employee serving the municipality
may request and obtain from the Municipal Ethics Board an advisory
opinion as to whether any proposed activity or conduct would in its
opinion constitute a violation of the municipal Code of Ethics or
any financial disclosure requirements. Advisory opinions of the Municipal
Ethics Board shall not be made public, except when the Ethics Board
by the vote of two-thirds of all of its members directs that the opinion
be made public. Public advisory opinions shall not disclose the name
of the local government officer or employee unless the Ethics Board
in directing that the opinion be made public so determines.
A.
The Municipal Ethics Board, upon receipt of a signed written complaint by any person alleging that the conduct of any local government officer or employee serving the municipality is in conflict with the municipal 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. The Ethics Board shall make a determination as to whether the complaint is within its jurisdiction or frivolous or without any reasonable factual basis. If the 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 local government officer or employee against whom the complaint was filed. Otherwise the Ethics Board shall notify the local government officer or employee against whom the complaint was filed of the nature of the complaint and the facts and circumstances set forth therein. The officer or employee shall have the opportunity to present the Ethics Board with any statement or information concerning the complaint which he wishes. Thereafter, if the Ethics Board determines that a reasonable doubt exists as to whether the local government officer or employee is in conflict with the municipal Code of Ethics or any financial disclosure requirements, it shall conduct a hearing in the manner prescribed by § 37-12 of this chapter, concerning the possible violation and any other facts and circumstances which may have come to its attention with respect to the conduct of the local government officer or employee. The Ethics Board shall render a decision as to whether the conduct of the officer or employee is in conflict with the municipal Code of Ethics or any financial disclosure requirements. This decision shall be made by no less than two-thirds of all members of the Ethics Board.
B.
If the Ethics 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
limitations of this chapter. A final decision of the Ethics Board
may be appealed to the Local Finance Board within 30 days of the decision.
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 or preparation, as the case may be.