New Jersey Department of Community Affairs
Division of Local Government Services
Local Finance Board
The Local Government Ethics Law was
enacted in 1991. The Local Finance Board in the Department of Community Affairs
Division of Local Government Services performs certain functions under this law which are described in the DCA Programs Book under Local Government Ethics Law.
NEW JERSEY STATUTES
TITLE 40A:9-22.1 et seq.
LOCAL GOVERNMENT ETHICS LAW
(CURRENT TO 3/15/91)
The text of the statute follows:
SECTION
40A:9-22.1 Short title
This act shall be known and may be cited as
the "Local Government Ethics Law."
L.1991,c.29,s.1.
40A:9-22.2 Findings, declarations
The Legislature finds and declares that:
a.
Public office and employment are a public trust;
b.
The vitality and stability of representative democracy depend upon the
public's confidence in the integrity of its elected and appointed representatives;
c.
Whenever the public perceives a conflict between the private interests
and the public duties of a government officer or employee, that confidence is
imperiled;
d.
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; and
e.
It is the purpose of this act to provide a method of assuring that standards
of ethical conduct and financial disclosure requirements for local government
officers and employees shall be clear, consistent, uniform in their application,
and enforceable on a Statewide basis, and to provide local officers or
employees with advice and information concerning possible conflicts of interest
which might arise in the conduct of their public duties.
L.1991,c.29,s.2.
40A:9-22.3 Definitions
As used in this act:
a.
"Board" means the Local Finance Board in the Division of Local
Government Services in the Department of Community Affairs;
b.
"Business organization" means any corporation, partnership,
firm, enterprise, franchise, association, trust, sole proprietorship, union or
other legal entity;
c.
"Governing body" means, in the case of a municipality, the commission,
council, board or body, by whatever name it may be known, having charge of the
finances of the municipality, and, in the case of a county, the board of chosen
freeholders, or, in the case of a county having adopted the provisions of the
"Optional County Charter Law," P.L.1972, c.154 (C.40:41A-1 et seq.),
as defined in the form of government adopted by the county under that act;
d.
"Interest" means 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;
e.
"Local government agency" means any agency, board, governing
body, including the chief executive officer, bureau, division, office,
commission or other instrumentality within a county or municipality, and any
independent local authority, including any entity created by more than one
county or municipality, which performs functions other than of a purely
advisory nature, but shall not include a school board;
f.
"Local government employee" means any person, whether
compensated or not, whether part-time or full-time, employed by or serving on a
local government agency who is not a local government officer, but shall not
mean any employee of a school district;
g.
"Local government officer" means any person whether
compensated or not, whether part-time or full-time: (1) elected to any office of a local government
agency; (2) serving on a local government
agency which has the authority to enact ordinances, approve development
applications or grant zoning variances; (3) who is a member of an independent
municipal, county or regional authority; or (4) 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," P.L.1941, c.100
(C.34:13A-3), but shall not mean any employee of a school district or member of
a school board;
h.
"Local government officer or employee" means a local
government officer or a local government employee;
i.
"Member of immediate family" means the spouse or dependent
child of a local government officer or employee residing in the same household.
L.1991,c.29,s.3.
40A:9-22.4 Local Finance Board to have
jurisdiction
The Local Finance Board in the Division of
Local Government Services in the Department of Community Affairs shall have jurisdiction
to govern and guide the conduct of local government officers or employees
regarding violations of the provisions of this act who are not otherwise
regulated by a county or municipal code of ethics promulgated by a county or
municipal ethics board in accordance with the provisions of this act. Local
government officers or employees serving a local government agency created by
more than one county or municipality shall be under the jurisdiction of the
board. The board in interpreting and
applying the provisions of this act shall recognize that under the principles
of democracy, public officers and employees cannot and should not be expected
to be without any personal interest in the decisions and policies of
government; that citizens who are government officers and employees have a
right to private interests of a personal, financial and economic nature; and
that standards of conduct shall distinguish between those conflicts of interest
which are legitimate and unavoidable in a free society and those conflicts of
interest which are prejudicial and material and are, therefore, corruptive of
democracy and free society.
L.1991,c.29,s.4.
40A:9-22.5 Provisions requiring
compliance by local government officers, employees
Local government officers or employees
under the jurisdiction of the Local Finance Board shall comply with the
following provisions:
a.
No local government officer or employee or member of his 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 duties in the public interest;
bureau
b.
No independent local authority shall, for a period of one year next subsequent
to the termination of office of a member of that authority:
(1)
award any contract which is not publicly bid to
a former member of that authority;
(2)
allow a former member of that authority to represent, appear for or negotiate
on behalf of any other party before that authority; or
(3)
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.
The restrictions contained in this subsection
shall also apply to any business organization in which the former authority
member holds an interest.
c.
No local government officer or employee shall use or attempt to use his
official position to secure unwarranted privileges or advantages for himself or
others;
d.
No local government officer or employee shall act in his official capacity
in any matter where he, a member of his immediate family, or a business
organization in which he has an interest, has a direct or indirect financial or
personal involvement that might reasonably be expected to impair his
objectivity or independence of judgment;
e.
No local government officer or employee shall undertake any employment
or service, whether compensated or not, which might reasonably be expected to
prejudice his independence of judgment in the exercise of his official duties;
f.
No local government officer or employee, member of his immediate family,
or business organization in which he 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 purpose of influencing him, directly or indirectly, in the
discharge of his 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 local
government officer has no knowledge or reason to believe that the campaign
contribution, if accepted, was given with the intent to influence the local
government officer in the discharge of his official duties;
g.
No local government officer or employee shall use, or allow to be used,
his public office or employment, or any information, not generally available to
the members of the public, which he receives or acquires in the course of and
by reason of his office or employment, for the purpose of securing financial gain
for himself, any member of his immediate family, or any business organization
with which he is associated;
h.
No local government officer or employee or business organization in which
he has an interest shall represent any person or party other than the local
government in connection with any cause, proceeding, application or other matter
pending before any agency in the local government in which he serves.
This provision shall not
be deemed to prohibit one local government employee from representing another
local government employee where the local government agency is the employer and
the representation is within the context of official labor union or similar
representational responsibilities;
i.
No local government officer shall be deemed in conflict with these provisions
if, by reason of his 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 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;
j.
No elected local government 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 immediate family, whether directly or indirectly, in return therefor;
and
k.
Nothing shall prohibit any local government officer or employee, or members
of his immediate family, from representing himself, or themselves, in negotiations
or proceedings concerning his, or their, own interests.
L.1991,c.29,s.5.
40A:9-22.6 Annual financial disclosure
statement
a.
Local government officers shall annually file a financial disclosure statement. All financial disclosure statements filed
pursuant to this act shall include the following information which shall
specify, where applicable, the name and address of each source and the local
government officer's job title:
(1)
Each source of income, earned or unearned, exceeding $2,000 received by the
local government officer or a member of his 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 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 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 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 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 immediate family held an
interest during the preceding calendar year.
b.
The Local Finance Board shall prescribe a financial disclosure statement
form for filing purposes. For counties
and municipalities which have not established ethics boards, the board shall
transmit sufficient copies of the forms to the municipal clerk in each
municipality and the county clerk in each county for filing in accordance with
this act. The municipal clerk shall make
the forms available to the local government officers serving the
municipality. The county clerk shall
make the forms available to the local government officers serving the county.
For counties and municipalities which have
established ethics boards, the Local Finance Board shall transmit sufficient
copies of the forms to the ethics boards for filing in accordance with this
act. The ethics boards shall make the
forms available to the local government officers within their jurisdiction.
For local government officers serving the
municipality, the original statement shall be filed with the municipal clerk in
the municipality in which the local government officer serves. For local government officers serving the county,
the original statement shall be filed with the county clerk in the county in
which the local government officer serves.
A copy of the statement shall be filed with the board. In counties or municipalities which have established
ethics boards a copy of the statement shall also be filed with the ethics board
having jurisdiction over the local government officer. Local government officers shall file the
initial financial disclosure statement within 90 days following the effective date
of this act. Thereafter, statements
shall be filed on or before April 30th each year.
c.
All financial disclosure statements filed shall be public records.
L.1991,c.29,s.6.
40A:9-22.7 Powers of Local Finance Board
With respect to its responsibilities for the
implementation of the provisions of this act, the Local Finance Board shall
have the following powers:
a.
To initiate, receive, hear and review complaints and hold hearings with
regard to possible violations of this act;
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 hear and determine any appeal of a decision made by a county or municipal
ethics board;
d.
To forward to the county prosecutor or the Attorney General or other governmental
body any information concerning violations of this act which may become the
subject of criminal prosecution or which may warrant the institution of other
legal proceedings by the Attorney General;
e.
To render advisory opinions as to whether a given set of facts and circumstances
would constitute a violation of this act;
f.
To enforce the provisions of this act and to impose penalties for the violation
thereof as are authorized by this act; and
g.
To adopt rules and regulations pursuant to the "Administrative Procedure
Act," P.L.1968, c.410 (C.52:14B-1 et seq.) and to do other things as are
necessary to implement the purposes of this act.
L.1991,c.29,s.7.
40A:9-22.8 Request for advisory opinion
from Local Finance Board
A local government officer or employee
not regulated by a county or municipal code of ethics 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. Advisory opinions of the board
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. Public advisory opinions shall not disclose
the name of the local government officer or employee unless the board in directing
that the opinion be made public so determines.
L.1991,c.29,s.8.
40A:9-22.9 Response by Local Finance Board to written
complaint
The Local Finance Board, upon receipt of
a signed written complaint by any person alleging that the conduct of any local
government officer or employee, not regulated by a county or municipal code of
ethics, is in conflict with the provisions of this act, 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 board shall make a determination as to
whether the complaint is within its jurisdiction or frivolous or without any
reasonable factual basis. 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 local government officer or employee
against whom the complaint was filed.
Otherwise the 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 board with any statement or information concerning the
complaint which he wishes. Thereafter, if the board determines that a
reasonable doubt exists as to whether the local government officer or employee
is in conflict with the provisions of this act, the board shall conduct a
hearing in the manner prescribed by section 12 of this act, 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 local government officer
or employee. The board shall render a decision as to whether the conduct of the
officer or employee is in conflict with the provisions of this act. This decision shall be made by no less than
two-thirds of all members of the board.
If the board determines that the officer or employee is in conflict with
the provisions of this act, it may impose any penalties which it believes appropriate
within the limitations of this act. A
final decision of the board may be appealed in the same manner as any other
final State agency decision.
L.1991,c.29,s.9.
40A:9-22.10 Violations, penalties
a.
An appointed local government officer or employee found guilty by the Local
Finance Board or a county or municipal ethics board of the violation of any
provision of this act or of any code of ethics in effect pursuant to this act,
shall be fined not less than $100.00 nor more than $500.00, which penalty may
be collected in a summary proceeding pursuant to "the penalty enforcement law"
(N.J.S.2A:58-1 et seq.). The board or a
county or municipal ethics board shall report its findings to the office or
agency having the power of removal or discipline of the appointed local
government officer or employee and may recommend that further disciplinary
action be taken.
b.
An elected local government officer or employee found guilty by the Local
Finance Board or a county or municipal ethics board of the violation of any
provision of this act or of any code of ethics in effect pursuant to this act,
shall be fined not less than $100.00 nor more than $500.00, which penalty may
be collected in a summary proceeding pursuant to "the penalty enforcement law"
(N.J.S.2A:58-1 et seq.).
L.1991,c.29,s.10.
40A:9-22.11 Disciplinary actions against
officer, employee found guilty of violation
The finding by the Local Finance Board or
a county or municipal ethics board that an appointed local government officer
or employee is guilty of the violation of the provisions of this act, or of any
code of ethics in effect pursuant to this act, shall be sufficient cause for
his 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 this act or any code of ethics in effect
pursuant to this act, 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.
L.1991,c.29,s.11.
40A:9-2.12 Conducting
of hearings
All
hearings required pursuant to this act 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," P.L.1968, c.410 (C.52:14B-1 et seq.).
L.1991,c.29,s.12.
40A:9-22.13 Establishment of county ethics
board
a.
Each county of the State governed under the provisions of P.L.1972, c.154
(C.40:41A-1 et seq.) may, by ordinance, and the
remaining counties may, by resolution establish a county ethics board consisting
of six members who are residents of the county, at least two of whom shall be
public members. The members of the ethics board shall be appointed by the governing
body of the county and no more than one of whom shall be from the same
municipality. 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 ethics board shall be of the same political party.
b.
The members of the county ethics board shall annually elect a chairman
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
a term 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 a term of
three years. Each member shall serve
until his successor has been appointed and qualified. Any vacancy occurring in the membership of
the ethics board shall be filled in the same manner as the original appointment
for the unexpired term.
d.
Members of the ethics board shall serve without compensation but shall
be reimbursed by the county for necessary expenses incurred in the performance
of their duties under this act.
L.1991,c.29,s.13.
40A:9-22.14 Provision of offices to county
ethics board
a.
The governing body of the county shall provide the county ethics board
with offices for the conduct of its business and the preservation of its records,
and shall supply equipment and supplies as may be necessary.
b.
All necessary expenses incurred by the county ethics board and its members
shall be paid, upon certification of the chairman, by the county treasurer
within the limits of funds appropriated by the county governing body by annual
or emergency appropriations for those purposes.
c.
The county ethics board may appoint employees, including independent counsel,
and clerical staff as are necessary to carry out the provisions of this act
within the limits of funds appropriated by the county governing body for those
purposes.
L.1991,c.29,s.14.
40A:9-22.15 County code of ethics established
Within 90 days after the establishment of
a county ethics board, that ethics board shall promulgate, by resolution, a
county code of ethics for all local government officers and employees serving
the county. Local government officers
and employees serving a county independent authority shall be deemed to be
serving the county for purposes of this act.
The county code of ethics so promulgated
shall be either identical to the provisions set forth in section 5 of this act or
more restrictive, but shall not be less restrictive. Within 15 days following the promulgation
thereof, the county code of ethics, and a notice of the date of the public
hearing to be held thereon, shall be published in at least one newspaper
circulating within the county and shall be distributed to the county clerk and
to the heads of the local government agencies serving the county for
circulation among the local government officers and employees serving the county. The county ethics board shall hold a public
hearing on the county code of ethics not less than 30 days following its
promulgation at which any local government officer or employee serving the
county and any other person wishing to be heard shall be permitted to
testify. As a result of the hearing, the
ethics board may amend or supplement the county code of ethics as it deems
necessary. If the county code of ethics is not identical to the provisions set
forth in section 5 of this act, the county ethics board shall thereafter submit
the county code of ethics to the Local Finance Board for approval. The board shall approve or disapprove a
county code of ethics within 60 days following receipt. If the board fails to act
within that period, the county code of ethics shall be deemed approved. A county code of ethics requiring board approval
shall take effect for all local government officers and employees serving the county
60 days after approval by the board. A
county code of ethics identical to the provisions set forth in section 5 of
this act shall take effect 10 days after the public hearing thereon. The county ethics board shall forward a copy
of the county code of ethics to the county clerk and shall make copies of the
county code of ethics available to local government officers and employees
serving the county.
L.1991,c.29,s.15.
40A:9-22.16 Powers of county ethics board
A county 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 county code of ethics or financial disclosure
requirements by local government officers or employees serving the county;
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 county code of ethics or
financial disclosure requirements by local government officers or employees
serving the county 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 county as to whether a given set of facts and circumstances would constitute
a violation of any provision of the county code of ethics or financial
disclosure requirements;
e.
To enforce the provisions of the county code of ethics and financial disclosure
requirements with regard to local government officers or employees serving the
county and to impose penalties for the violation thereof as are authorized by
this act; and
f.
To adopt rules and regulations and to do other things as are necessary
to implement the purposes of this act.
L.1991,c.29,s.16.
40A:9-22.17 Request for advisory opinion
from county ethics board
A local government officer or employee
serving the county may request and obtain from the county ethics board an
advisory opinion as to whether any proposed activity or conduct would in its
opinion constitute a violation of the county code of ethics or any financial
disclosure requirements. Advisory opinions
of the county 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.
L.1991,c.29,s.17.
40A:9-22.18 Response by county ethics
board to written complaint
The county 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 county is in conflict with the
county code of ethics or any 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
county code of ethics or any financial disclosure requirements, it shall
conduct a hearing in the manner prescribed by section 12 of this act, 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 county 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. 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 act. A final decision
of the ethics board may be appealed to the Local Finance Board within 30 days
of the decision.
L.1991,c.29,s.18.
40A:9-22.19 Establishment of municipal ethics
board
a.
Each municipality of the State may, by ordinance, establish a municipal
ethics board consisting of six members who are residents of the municipality,
at least two of whom shall be public members.
The members of the ethics board shall be appointed by the governing body
of the municipality. 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 ethics board shall be of the same political party.
b.
The members of the municipal ethics board shall annually elect a chairman
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
a term 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 a term of
three years. Each member shall serve
until his successor has been appointed and qualified. Any vacancy occurring in the membership of
the ethics board shall be filled in the same manner as the original appointment
for the unexpired term.
d.
Members of the ethics board shall serve without compensation but shall
be reimbursed by the municipality for necessary expenses incurred in the performance
of their duties under this act.
L.1991,c.29,s.19.
40A:9-22.20 Provision of offices to
municipal ethics board
a.
The governing body of the municipality shall provide the municipal ethics
board with offices for the conduct of its business and the preservation of its
records, and shall supply equipment and supplies as may be necessary.
b.
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 funds appropriated by the municipal governing body by
annual or emergency appropriations for those purposes.
c.
The municipal ethics board may appoint employees, including independent
counsel, and clerical staff as are necessary to carry out the provisions of
this act within the limits of funds appropriated by the municipal governing
body for those purposes.
L.1991,c.29,s.20.
40A:9-22.21 Municipal code of ethics
established
Within 90 days after the establishment of
a municipal ethics board, that ethics board shall promulgate by resolution a
municipal code of ethics for all local government officers and employees serving
the municipality. Local government
officers and employees serving a municipal independent authority shall be
deemed to be serving the municipality for purposes of this act.
The municipal code of ethics so promulgated
shall be either identical to the provisions set forth in section 5 of this act
or more restrictive, but shall not be less restrictive. Within 15 days following the promulgation thereof,
the municipal code of ethics, and a notice of the date of the public hearing to
be held thereon, shall be published in at least one newspaper circulating
within the municipality and shall be distributed to the municipal clerk and to
the heads of the local government agencies serving the municipality for
circulation among the local government officers and employees serving the
municipality. The municipal ethics board
shall hold a public hearing on the municipal code of ethics not less than 30 days
following its promulgation at which any local government officer or employee
serving the municipality and any other person wishing to be heard shall be
permitted to testify. As a result of the
hearing, the ethics board may amend or supplement the municipal code of ethics
as it deems necessary. If the municipal
code of ethics is not identical to the provisions set forth in section 5 of
this act, the municipal ethics board shall thereafter submit the municipal code
of ethics to the Local Finance Board for approval. The board shall approve or disapprove a
municipal code of ethics within 60 days following receipt. If the board fails to act
within that period, the municipal code of ethics shall be deemed approved. A municipal code of ethics requiring board approval
shall take effect for all local government officers and employees serving the
municipality 60 days after approval by the board. A municipal code of ethics identical to the
provisions set forth in section 5 of this act shall take effect 10 days after
the public hearing held thereon. The
municipal ethics board shall forward a copy of the municipal code of ethics to
the municipal clerk and shall make copies of the municipal code of ethics
available to local government officers and employees serving the municipality.
L.1991,c.29,s.21.
40A:9-22.22 Powers of municipal ethics board
A 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 act; and
f.
To adopt rules and regulations and to do other things as are necessary
to implement the purposes of this act.
L.1991,c.29,s.22.
40A:9-22.23 Request for advisory opinion
from municipal ethics board
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.
L.1991,c.29,s.23.
40A:9-22.24 Response by municipal ethics
board to written complaint
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
section 12 of this act, 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.
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 act. A final decision of the ethics
board may be appealed to the Local Finance Board within 30 days of the
decision.
L.1991,c.29,s.24.
40A:9-22.25 Written
materials to be preserved for at least five years
All statements, complaints, requests or
other written materials filed pursuant to this act, and any rulings, opinions,
judgments, transcripts or other official papers prepared pursuant to this act
shall be preserved for a period of at least five years from the date of filing
or preparation, as the case may be.
L.1991,c.29,s.25.