[HISTORY: Adopted by the Mayor and Council of the Borough of Alpha 12-23-1997
by Ord. No. 97-15. Amendments noted where applicable.]
There is a need for an ordinance to prohibit disclosure of confidential
information discussed in executive session.
The Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.) provides that
all meetings of public bodies shall be open to the public. A public body may
exclude the public only from that portion of a meeting at which the public
body discusses personnel matters, litigation, collective bargaining agreements,
real estate transactions, and other matters enumerated in N.J.S.A. 10:4-12b.
Those meetings wherein the public is excluded are designated as "executive
session" meetings. Because of the confidential nature of the matters discussed
during executive session, disclosure of any information revealed in said meetings
is prohibited.
It is the policy of the Borough of Alpha that any information revealed
or discussed in an executive session meeting shall be considered confidential
and is prohibited from being disclosed until such time as the executive session
minutes are reviewed by the Mayor and Council and released to the public.
Accordingly, in the event the Mayor, any Council person or any other person
present for an executive session meeting discloses confidential information
prior to its release to the public, he or she shall be eligible for disciplinary
action.
A.Â
Definitions. "Executive session" is defined as that portion
of the meeting of the governing body wherein the public is excluded. "Confidential
information" includes all information, conversations or discussions revealed
during an executive session. Said information shall remain confidential until
the entire governing body reviews the minutes of the executive session and
approves the release of said minutes to the public.
B.Â
Sanctions. Disclosure of the executive session discussions
is a serious violation of the rules of the Borough of Alpha and, if proven,
shall be grounds for the imposition of discipline. Potential sanctions for
the offense shall range from a minimum three-day suspension without pay to
termination, depending upon the following:
Any person who believes that another person has revealed confidential
information from an executive session meeting shall file an incident report
within a reasonable period of time after the event.
No person filing a report under this policy or who legitimately assists
another in the prosecution of any such complaint shall be subjected to retribution
or retaliation of any kind for doing so.
A.Â
Filing of complaints. All complaints of disclosure of
confidential information shall be filed with either the Mayor or the Council
President.
B.Â
Investigation.
(1)Â
Complaints filed under this policy shall be promptly
and thoroughly investigated by the Council President or by the Mayor in the
event the Council President is unable to perform this function due to circumstances
surrounding the complaint.
(2)Â
Upon completion of the investigation, the Council President
shall prepare a comprehensive report addressing all allegations in the complaint
and objectively documenting all relevant factual findings of the investigation.
The investigatory report shall contain neither conclusions concerning the
complaint nor recommendations as to disposition.
(3)Â
The investigative report shall be presented to the Mayor
upon completion and within 15 days after receipt of the complaint. This time
requirement may be extended by the Mayor, in writing, upon request of the
investigator and for good cause shown for such an extension.
A.Â
All complaints of disclosure shall be adjudicated by
the Mayor, Council President and one other Council person to be chosen by
the Mayor.
B.Â
Upon receipt of the completed investigation report, the
Mayor, Council President and one Council person shall conduct an administrative
hearing at which the report shall be presented and considered. Hearings shall
be conducted before a court reporter empowered to take testimony under oath.
The court reporter shall require all witnesses to provide testimony under
oath and shall prepare a verbatim transcription/recording of the proceedings,
which shall serve as the official record of the hearing.
C.Â
The accused employee shall be notified, in writing, at
least 10 days before the hearing of the complaint and the underlying allegations.
The accused employee may request one postponement of the hearing upon receipt
of the notice in order to obtain legal counsel. However, the delay occasioned
by such request shall not exceed 30 days from the date of receipt of the notice
by the accused employee.
D.Â
The accused employee shall be entitled to attend the
hearing and testify in his or her own behalf, and shall be entitled to confront
and cross-examine the employee who filed the complaint. In the event that
the complainant elects not to attend the administrative hearing, and upon
objection from the accused to the complainant's absence, the complaint shall
be dismissed and the accused deemed innocent of the allegations.
E.Â
The accused employee shall be entitled to call witnesses
in his or her behalf and to introduce evidence which bears upon the issue
presented by the complaint and investigative report.
F.Â
At the conclusion of the hearing, or within five days
thereafter, the Mayor, Council President and one Council person shall make
findings concerning the innocence or guilt of the accused of the offense of
disclosure of confidential information.
G.Â
A finding of guilt must be supported by substantial,
credible evidence that:
