As used in this chapter, the following terms shall have the
meanings indicated:
BOARD
The Trenton Ethics Board.
BUSINESS ORGANIZATION
Any corporation, partnership, fun, enterprise, franchise,
association, trust, sole proprietorship, union or other legal entity.
GOVERNING BODY
The City Council of the City of Trenton; Mercer County, New
Jersey.
INTEREST
The ownership or control of more than 10% of the profits,
assets or stock of a business organization or any interest whatsoever
which yields directly or indirectly to the local government officer
or employee or member of his/her immediate family a monetary or other
material benefit but shall not include the control of assets in a
nonprofit entity or labor union.
LOCAL GOVERNMENT AGENCY
The City of Trenton, and any such agency, board, or commission
or other instrumentality thereof, 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.
LOCAL GOVERNMENT EMPLOYEE
Any person, whether compensated or not, whether part time
or full time, employed by or serving a local government agency, who
is not a local government officer, but shall not mean any employee
or a school district.
LOCAL GOVERNMENT OFFICER
Any person, whether compensated or not, whether part time
or full time:
A.
Elected to any office of the City of Trenton;
B.
Serving on a local governmental agency which has the authority
to enact ordinances, approve development applications or grant zoning
variances;
C.
Who is a member of an independent municipal, county or regional
authority;
D.
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 (N.J.S.A. 34:13A-3),
and members of various boards, committees, authorities and commissions
as set forth in the Rules and Regulations of the Municipal Ethics
Board, but shall not mean any employees of a school district or member
of a school board.
MEMBER OF IMMEDIATE FAMILY
The spouse, domestic partner, partner in civil union, blood
or adopted relative of a local government officer or employee residing
in the same household.
The Trenton 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 City of Trenton Code of
Ethics or financial disclosure requirements by local government officers
or employees serving the City of Trenton;
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 Mercer County prosecutor or the Attorney General
or other governmental body any information concerning violations of
the City of Trenton municipal Code of Ethics or financial disclosure
requirements by local government officers or employees serving the
City of Trenton 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 City of Trenton 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 City 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 chapter.
The finding by the Local Finance Board or Trenton Ethics Board
that an appointed local government officer or employee 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 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 chapter, or of any Code of Ethics in effect
pursuant to this chapter, the procedure lending 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 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, P.L. 1968, c. 410 (N.J.S.A.
52:14B-1 et seq.).