[HISTORY: Adopted by the Mayor and Council
of the Borough of Hasbrouck Heights 8-13-1991 by Ord. No. 1598. Amendments
noted where applicable.]
A.
It is the purpose of this chapter, to assure that
standards of ethical conduct and the requirements of financial disclosure
for officers and employees of the Borough of Hasbrouck Heights 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.
B.
It is the further purpose of this chapter to implement
the 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 provisions of Titles 40 and 40A of the New
Jersey Statutes.
A.
AGENCY
BUSINESS ORGANIZATION
EMPLOYEE
INTEREST
MEMBER OF IMMEDIATE FAMILY
OFFICER
As used in this chapter, the following words shall
have the meanings indicated:
Any agency, board, governing body, including the chief executive
officer, office, commission or other instrumentality of this Borough,
and any independent local authority created by or appointed under
the authority of this Borough which performs functions other than
of a purely advisory nature.
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 the Borough or serving on any agency of
the Borough, but which person is not a local government 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.
Any person, whether compensated or not, whether part-time
or full-time, who is one of the following:
(1)
Mayor.
(2)
Member of the Borough Council.
(3)
Borough Attorney.
(4)
Borough Engineer.
(5)
Borough Clerk.
(6)
Borough Administrator.
(7)
Chief of Police.
(8)
Fire Chief.
(9)
Superintendent of the Department of Public Works.
(10)
Construction Code Official/Building Inspector.
(12)
Fire Code Official.
(13)
Fire Subcode Official.
(14)
Plumbing Inspector.
(15)
Assessor.
(16)
Auditor.
(17)
Tax Collector.
(18)
Chief Financial Officer.
(19)
Welfare Director.
(20)
Judge.
(21)
Court Clerk.
(22)
Public Defender.
(23)
Prosecutor.
(24)
Secretary and Registrar of the Board of Health.
(25)
Public Health Nurse.
(26)
Member of the Board of Health.
(27)
Member of the Financial Assistance Board.
(28)
Member of the General Assessment Board.
(29)
Member of the Board of Adjustment.
(30)
Attorney for the Board of Adjustment.
(31)
Clerk/Secretary of the Board of Adjustment.
(32)
Member of the Planning Board.
(33)
Attorney for the Planning Board.
(34)
Clerk/Secretary of the Planning Board.
(35)
Director of the Free Public Library.
(36)
Trustee of the Free Public Library.
(37)
Member of the Rent Leveling Board.
(38)
Member of the Recreation Commission.
(39)
Recreation Director.
(40)
Emergency Management Coordinator.
(41)
Radio Communication Officer.
(42)
Any other person in a position hereinafter created
who is a managerial executive or confidential employee of the Borough
of Hasbrouck Heights or of an agency created under the authority of
or appointed by the Borough of Hasbrouck Heights, as such position
is defined in N.J.S.A. 34:13A-3(f) and (g).
Officers and employees of the Borough of Hasbrouck
Heights shall comply with the following provisions:
A.
No officer or employee of this Borough 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 or others.
C.
No officer or employee shall act in his or her official
capacity in any matter where he, 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
or 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 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, 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 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. No
officer or employee shall disseminate or cause the dissemination of
any information gained in the course of the performance of official
duties with the intention to mislead the public or with the knowledge
that such information or parts thereof are erroneous.
[Amended 12-10-2013 by Ord. No. 2315]
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 Borough in connection with any cause, proceeding, application
or other matter pending before any agency of this Borough. 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 Public Defender with respect to
representation of defendants in the Municipal Court.
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,
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.
I.
No elected officer shall be prohibited from making
any 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 of
the Borough of Hasbrouck Heights 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.
A.
Officers of the Borough 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:
(1)
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 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 or her 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 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 local government officer 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 local government officer or a member of his or her immediate
family had an interest during the preceding calendar year.
(5)
The address and brief description of all real property
in the state in which the local government officer or a member of
his or her immediate family held interest during the preceding calendar
year.
B.
The Borough Ethical Standards Board shall prescribe
a financial disclosure statement form for filing purposes unless 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] The Borough Clerk shall make the forms available to the
officers and employees required to file a financial disclosure statement.
[1]
Editor's Note: See N.J.S.A. 40A:9-22.1 et
seq.
C.
All financial disclosure statements filed shall be
public record.
A.
There is hereby established an Ethical Standards Board
consisting of six members who are residents of the Borough of Hasbrouck
Heights, at least two of whom shall be public members. The members
of the Board shall be appointed by the Borough Council. 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 members of the Ethical Standards Board shall annually
elect a Chairperson from among the membership.
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 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.
D.
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 to the extent that appropriations
have been made for the same.
E.
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.
F.
In the event that a hearing is to be held, the officer
or employee charged with violation of this chapter shall be accorded
due process of law, including but not limited to the following:
(1)
Reasonable notice of hearing.
(2)
Right to counsel.
(3)
Right to prehearing discovery.
(4)
Right to take sworn oral and written testimony from
any person.
(5)
Right to subpoena persons and documents.
(6)
Right to make stenographic records of the hearing.
(7)
Right of examination and cross-examination.
A.
The Borough shall provide the Ethical Standards Board
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.
B.
All necessary expenses incurred by the Ethical Standards
Board and its members shall be paid, upon certification of the Chairperson
of the Board, by the Treasurer within the limits of funds appropriated
in the annual budget or by emergency appropriations for those purposes.
C.
The Ethical Standards Board may request and receive
assistance from Borough officers and employees, including the Borough
Clerk and the Borough Attorney, as may be necessary to carry out the
provisions of this chapter within the limits of funds appropriated
for those purposes in the annual budget or by emergency appropriation.
A.
Within 90 days after the appointment of the Ethical
Standards Board, the Board shall promulgate by resolution a code of
ethics for all officers and employees serving the Borough, including
officers and employees serving any independent authority of the Borough.
Until such time as the Ethical Standards Board shall have adopted
a code of ethics, the provisions hereinbefore set forth shall serve
as the code of ethics.
B.
The code of ethics promulgated by the Board shall
be either identical to the provisions set hereinbefore forth 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 the newspaper
designated for the publication of official notices for the Borough
and shall be delivered to the Borough Clerk for distribution among
all officers and employees serving the Borough.
D.
The Ethical Standards 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 amend or
supplement the code of ethics as it deems necessary.
F.
If the code of ethics is not identical to the provisions
set forth herein, the Board shall, as required by law, submit the
code of ethics to the New Jersey Local Finance Board for approval.
G.
If the Commission fails to approve or disapprove of
the code within 60 days of the submission, it shall be deemed approved.
H.
A code of ethics identical to the provisions set forth
herein shall take effect 10 days after the public hearing thereon;
a supplemented code shall take effect 60 days after approval.
The 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 Borough.
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.
E.
To enforce 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 are
authorized by this chapter.
F.
To adopt rules and regulations and do 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 Board 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.
B.
Advisory opinions shall not be made public except
when the Board, by the vote of 2/3 of its full membership, 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 be made public, likewise so determines.
A.
The Board, upon receipt of a signed written complaint
by any person alleging that the conduct of any officer or employee
of 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.
B.
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 concludes that the complaint
is either 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 officer or employee of the Borough
of Hasbrouck Heights against whom the complaint was filed.
C.
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 against whom the complaint
was filed of the nature of the complaint and the facts and circumstances
set forth herein.
D.
The officer or employee shall have the opportunity
to present the Board with any answering statement or any other information
concerning the complaint as he or she wishes.
E.
If the Board determines that a reasonable doubt exists as to whether the officer or employee is in conflict with the Municipal Code of Ethics or any financial disclosure requirements, the Board shall conduct a hearing on the alleged violation and any other facts and circumstances which may have come to the attention of the Board with respect to the conduct of the officer or employee, which hearing shall be in accordance with § 74-5E and F hereof.
F.
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.
G.
If the 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
limits of this chapter.
A.
An appointed or elected officer or employee found
guilty by the Board of the violation of any provision of this chapter
or 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 et seq.[1]
[1]
Editor's Note: N.J.S.A. 2A-58:1 was repealed by P.L. 1999,
c. 274. See now N.J.S.A. 2A:58-10 et seq.
B.
As to appointed officers or employees, the Board shall
report its findings to the office or agency having the power for removal
or discipline of the appointed officer or employee and may recommend
that further disciplinary action be taken.
C.
The finding by the Board that an appointed officer
or employee of the Borough 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 and the rules promulgated pursuant thereto.
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.