[HISTORY: Adopted by the Borough Council of the Borough of Carteret 12-20-2001 by Ord. No. 01-51. This ordinance also repealed former Ch. 50, Code of Ethics, adopted 9-21-1989 by Ord. No. 89-45. Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 4.
Personnel policies — See Ch. 38.
A. 
"No man can serve two masters nor should he attempt to do so."
B. 
Public office and employment are public trusts.
C. 
The vitality and stability of representative democracy depend upon the public's confidence in the integrity of its elected and appointed representatives.
D. 
Whenever the public perceives a conflict between the private interests and public duties of a government officer or employee, that confidence is imperiled.
E. 
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.
F. 
The governing body of the Borough of Carteret declares that all citizens should be treated with courtesy, impartiality, fairness and equality.
G. 
Further, public officials should avoid actual and potential conflicts between their private self-interests and the public trust.
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 Borough of Carteret 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 interest which might arise in the conduct of their public duties.
B. 
It is further the purpose of this chapter to implement provisions of the Local Government Ethics Law, P.L. 1991, c. 29, N.J.S.A. 40A.9-22.1 et seq.
C. 
This chapter is enacted under the authority of the Local Government Ethics Law, P.L. 1991, c. 29, N.J.S.A. 40A.9-22.1 et seq., and under the further authority granted to the Borough of Carteret under the provisions of Tides 40 and 40A of the New Jersey Statutes.
As used in this chapter, the following terms shall have the meanings indicated:
AGENCY
Any agency, board, governing body, including the chief executive officer, bureau, division, office, commission or other instrumentality within the Borough of Carteret, and any independent local authority created by or appointed under the authority of the Borough of Carteret, which performs functions other than of a purely advisory nature, but shall not include the school board.
BUSINESS ORGANIZATION
Any corporation, partnership, firm, enterprise, franchise, association, trust, sole proprietorship, union or other legal entity.
EMPLOYEE
Any person, whether compensated or not, whether part-time or full-time, employed by or serving on an agency, who is not a local government officer.
INTEREST
The ownership or control of more than 10% of the profits, assets, or stock of a business organization which shall not include the control of assets in a non-union profit entity or labor union.
MEMBER OF IMMEDIATE FAMILY
The spouse or dependant child of an officer or employee residing in the same household.
OFFICER
Any person, whether compensated or not, whether part-time or full-time, who is one of the following:
A. 
Mayor;
B. 
Member of the Borough Council;
C. 
Business Administrator;
D. 
Department Head;
E. 
Chief of Police;
F. 
Captain, Police Department;
G. 
Tax Assessor;
H. 
Chief Financial Officer;
I. 
Borough Clerk;
J. 
Borough Auditor;
K. 
Borough Engineer;
L. 
Municipal Judge;
M. 
Borough Attorney;
N. 
Borough Prosecutor;
O. 
Public Defender;
P. 
Planning Board Member;
Q. 
Planning Board Attorney;
R. 
Zoning Board of Adjustment Member;
S. 
Zoning Board of Adjustment Attorney;
T. 
Construction Code Official;
U. 
Construction Subcode Official or Inspector;
V. 
Library Board member;
W. 
Director of Borough Library;
X. 
Member of the Ethics Board;
Y. 
Housing Authority member;
Z. 
Housing Authority Executive Director;
AA. Redevelopment Agency member; BB. Redevelopment Agency Attorney; CC. Redevelopment Agency Engineer, DD. Redevelopment Agency Executive Director; EE. Any other person who is a managerial, executive or confidential employee, as defined in Section 3 of the New Jersey Employer-Employee Relations Act (N.J.S.A. 34:13A-3), of the Borough of Carteret or of any agency created under the authority of or appointed by the Borough of Carteret. A local government officer shall not mean any employee of a school district or member of the school board. OFFICER OR EMPLOYEE
An officer or employee of the Borough of Carteret or of any agency under the authority of or appointed by the Borough of Carteret.
While it is recognized that the Borough of Carteret Ethics Board created by this chapter is vested with the authority to promulgate the municipal Code of Ethics for all local government officers and employees, the Borough Council intends to state ethical principles which it believes should be incorporated in the Code of Ethics by adopting resolution(s) from time to time expressing the view of the Council.
A. 
Officers of the Borough shall annually file a financial disclosure statement on the form prescribed by the New Jersey Local Finance Board, in accordance with the Local Government Ethics Law. The Borough Clerk shall make the forms available to the officers and employees required to file a financial disclosure statement.
B. 
The original financial disclosure statement shall be filed with Borough Clerk on or before April 30 of each year. A copy of the statement shall be filed with the New Jersey Local Finance Board and the Borough of Carteret Ethics Board.
C. 
All financial disclosure statements filed shall be public records.
A. 
There is hereby established the Carteret Ethics Board consisting of six members who are residents of the Borough, at least two of whom shall be public members. The members of the Board shall be appointed by the Mayor with the advice and consent of the Borough Council. 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 members of the Carteret Ethics Board shall annually elect a chairperson from among the membership thereof.
C. 
The members 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 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 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.
D. 
The members of the Board shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties under this chapter.
A. 
The governing body of the Borough shall provide the 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 and as may be provided for in the annual municipal budget.
B. 
All necessary expenses incurred by the Ethics Board and its members shall be paid, upon certification of the Chairperson of the Board, by the Borough Treasurer within the limits of funds appropriated by the governing body by annual or emergency appropriations for those purposes.
C. 
The Ethics Board may request and receive assistance from Borough officers and employees, including the Borough Clerk and the 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 Borough Council in the annual budget for those purposes.
A. 
Within 90 days after the appointment of the Carteret Ethics Board, the Board shall promulgate by resolution a Code of Ethics for all officers and employees serving the Borough. The officers and employees serving a Borough independent authority shall be deemed to be serving the Borough for purposes of this chapter. Until such time as the Carteret Ethics Board shall have promulgated and adopted a Code of Ethics, the provisions set forth in N.J.S.A. 40A:9-22.1 et seq., as supplemented by Section 20-4 of this chapter, shall serve as the Carteret Code of Ethics.
B. 
The Code of Ethics promulgated by the Board shall be either identical to the provisions set forth in N.J.S.A. 40A:9-22.5, or more restrictive, but shall not be less restrictive.
C. 
Within 15 days following the promulgation thereof, the Code of Ethics and a notice of the date of the public hearing to be held on the Code of Ethics shall be published in a newspaper designated for the publication of official notices for the Borough and shall be distributed to the Borough Clerk and to the heads of the local government agencies sewing the Borough for circulation among the local government officers and employees serving the Borough.
D. 
The Carteret Ethics Board shall hold a public hearing on the Code of Ethics not less than 30 days following its promulgation, at which any officer or employee of the Borough and any other person wishing to be heard shall be permitted to testify.
E. 
As a result of the hearing, the Board may supplement the Code of Ethics as it deems necessary.
F. 
If the Code of Ethics is not identical to the provisions set forth in N.J.S.A. 40A:9-22.5, the Carteret Ethics Board shall, as required by law, submit the Code of Ethics to the New Jersey Local Finance Board for approval.
G. 
If the Local Finance Board fails to approve or disapprove the Code of Ethics within 60 days following the receipt thereof, the Code of Ethics shall be deemed approved.
H. 
A Code of Ethics requiring approval by the Local Finance Board shall take effect 60 days after approval by the Local Finance Board.
I. 
A Code of Ethics identical to the provisions set forth in N.J.S.A. 40:A9-22.25 shall take effect 10 days after the public hearing held thereon.
J. 
The Ethics Board shall forward a copy of the Code of Ethics to the Borough Clerk and shall make copies available to the officers and employees serving the Borough.
The Carteret Ethics Board shall have the following powers:
A. 
To initiate, receive, hear and review complaints and hold hearings with regard to the possible violations of the Code of Ethics or financial disclosure requirements by local government officers or employees serving the Borough;
B. 
To issue subpoenas for the production of documents and 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 said authority;
D. 
To render advisory opinions to local officers or employees serving the Borough as to whether a given set of facts or circumstances will constitute a violation of the Code of Ethics or financial disclosure requirements;
E. 
To enforce the provisions of the Code of Ethics and financial disclosure requirements with regard to officers or employees serving the Borough and to impose penalties for the violation thereof as authorized by this chapter;
F. 
To adopt rules and regulations and other things as are necessary to implement the purposes of this chapter.
A. 
An officer or employee of the Borough may request and obtain from the Carteret Ethics Board an advisory opinion as to whether the proposed activity or conduct would, in its opinion, constitute a violation of the Code of Ethics or any financial disclosure requirements.
B. 
The advisory opinion 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.
C. 
Public advisory opinions shall not disclose the name of the officer or employee unless the Board, in directing that the opinion made be public, so determines.
A. 
The Borough of Carteret Ethics Board, upon receipt of a signed complaint by any person alleging that the conduct of any officer or employee of the Borough of Carteret is in conflict with the Code of Ethics or financial disclosure requirements, shall acknowledge receipt of the complaint within 30 days of receipt and initiate an investigation concerning the facts and circumstances set forth in the complaint.
B. 
The Board shall make a determination as to whether the complaint is within its jurisdiction or frivolous or without any reasonable factual basis.
C. 
If the Board shall conclude that the complaint is outside its jurisdiction, frivolous or without factual basis, it shall reduce that conclusion to writing and shall submit a copy thereof to the complainant and to the officer and employee of the Borough against whom the complaint was filed.
D. 
If the Board shall conclude that the complaint is within its jurisdiction and has at least a minimal factual basis, the Board will notify the officer or employee of the Borough against whom the complaint was filed of the nature of the complaint and the facts and circumstances set forth therein.
E. 
The officer or employee shall have the opportunity to present the Board with any statement or information concerning the complaint which he or she wishes.
F. 
If the Board determines that a reasonable doubt exists as to whether the officer or employee of the Borough is in conflict with the Code of Ethics or any financial disclosure requirements, the Board shall conduct a hearing concerning the possible violation and facts and circumstances which may have come to the attention of the Board with respect to the conduct of the officer or employee.
G. 
All hearings required pursuant to this section shall be conducted in conformity with the rules and procedures, insofar as they may be applicable, providing for hearings by a state agency in contested cases under the Administrative Procedures Act (N.J.S.A. 52:14B-1 et seq.)
H. 
The Board shall render a decision as to whether the conduct of the officer or employee is in conflict with the Code of Ethics or any financial disclosure requirements. This decision shall be made by no less than 2/3 of all members of the Board.
I. 
If the Board determines that the officer or employee is in conflict with the Code or financial disclosure requirements, it may impose any penalties which it believes appropriate within the limits of this chapter.
J. 
The final decision of the Board may be appealed to the New Jersey Local Finance Board within 30 days of the decision.
A. 
An appointed officer or employee of the Borough of Carteret found guilty by the Carteret Ethics Board of the violation of any provision of this chapter, or any Code of Ethics promulgated pursuant hereto, 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.). The Carteret Ethics Board shall report its findings to the officer or agency having the power of removal or discipline of the appointed officer or employee and may recommend that further disciplinary direction be taken.
B. 
An elected officer or employee of the Borough of Carteret found guilty by the Carteret Ethics Board of the violation of this chapter, or of any Code of Ethics promulgated pursuant hereto, 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.)
C. 
The finding by the Carteret Ethics Board that an appointed officer or employee of the Borough of Carteret is guilty of a violation of the provisions of this chapter, or of any Code of Ethics promulgated pursuant hereto, shall be sufficient cause for his or her removal, suspension, demotion or any other disciplinary action by the officer or agency having the power of removal or discipline.
D. 
The remedies provided for herein are in addition to all criminal and civil remedies provided under the law.
All statements, complaints, requests or other written material filed pursuant to this chapter, and any rulings, opinions, judgments, transcripts, or any 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.