[HISTORY: Adopted by the Mayor and Council of the Township of North
Brunswick 7-1-1991. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "North Brunswick
Township Code of Ethics."
The Township Council of the Township of North Brunswick 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 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.
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 Township of North Brunswick 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 public duties.
C.
This chapter is enacted under the authority of the Local
Government Ethics Law, P.L. 1991, c. 29, and under the further authority granted
to the Township of North Brunswick under the provisions of Titles 40 and 40A
of the New Jersey Statutes.
As used in this chapter, the following terms shall have the meanings
indicated:
Any agency, board, governing body, including the chief executive
officer, office, commission or other instrumentality within the Township of
North Brunswick, and any independent local authority created by or appointed
under the authority of the Township of North Brunswick, 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 or serving on an agency, who 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:
Mayor.
Member of the Township Council.
Township Administrator.
Director, Department of Finance.
Director, Department of Inspections.
Superintendent, Department of Public Works.
Director, Department of Human Services.
Chief of Police and Police Director.
Deputy Chief of Police.
Tax Assessor.
Township Clerk.
Township Attorney.
Township Engineer.
Township Planning Consultant.
Township Auditor.
Municipal Judge.
Township Prosecutor.
Construction Code Official.
Planning Board member.
Planning Board Attorney.
Zoning Board of Adjustment member.
Zoning Board of Adjustment Attorney.
Superintendent of Parks and Recreation.
Library Board of Trustees member.
Director, North Brunswick Public Library.
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 Township of North Brunswick or of an agency created
under the authority of or appointed by the Township of North Brunswick.
An officer or employee of the Township of North Brunswick or of an
agency under the authority of or appointed by the Township of North Brunswick.
Officers and employees of the Township of North Brunswick shall comply
with the following provisions:
A.
No officer or employee of the Township of North Brunswick
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 or her public office or employment or any information not generally available
to the members of the public which he or she receives or acquires in the course
of and by reason of his or her office or employment for the purpose of securing
financial gain for himself, any member of his or her immediate family or any
business organization with which he or she is associated.
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 township in connection with any cause, proceeding, application or
other matter pending before any agency of the Township of North Brunswick.
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.
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, 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.
I.
No elected 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 or her immediate family, whether directly or indirectly, in return
therefor.
J.
Nothing shall prohibit any officer or employee of the
Township of North Brunswick or members of his or her immediate family from
representing himself, herself or themselves in negotiations or proceedings
concerning his or her or their own interests.
A.
Officers of the township 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, customers 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 an interest during the preceding calendar year.
B.
The North Brunswick Township Ethical Standards Board
shall prescribe a financial disclosure statement form for filing purposes.
If 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] then that form shall be used. The Township 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.
The original statement shall be filed with the Township
Clerk within 90 days after the effective date of the New Jersey Local Government
Ethics Law. All subsequent statements shall be filed on or before April 30
of each year. A copy of the statement shall be filed with the North Brunswick
Township Ethical Standards Board.
D.
All financial disclosure statements filed shall be public
records.
A.
There is hereby established the North Brunswick Township
Ethical Standards Board, consisting of six members who are residents of the
township, at least two of whom shall be public members. The members of the
Board shall be appointed by the Township 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 North Brunswick Township 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.
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 section shall be accorded due process
of law, including but not limited to the following:
(1)
Right to counsel.
(2)
Right to prehearing discovery.
(3)
Right to take sworn oral and written testimony from any
person.
(4)
Reasonable notice of hearing.
(5)
Right to subpoena persons and documents.
(6)
Right to make a stenographic record of the hearing.
(7)
Right of examination and cross-examination.
A.
The Township Council shall provide the North Brunswick
Township 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 North Brunswick
Township Ethical Standards Board and its members shall be paid, upon certification
of the Chairperson of the Board, by the Township Treasurer within the limits
of funds appropriated in the annual budget or by emergency appropriations
for those purposes.
C.
The North Brunswick Township Ethical Standards Board
may request and receive assistance from township officers and employees, including
the Township Clerk and the Township Attorney, and may appoint employees, including
independent counsel, and clerical staff as are necessary to carry out the
provisions of this code within the limits of funds appropriated by the Township
Council for those purposes in the annual budget.
A.
Within 90 days after the appointment of the North Brunswick
Township Ethical Standards Board, the Board shall promulgate by resolution
a code of ethics for all officers and employees serving the township. Officers
and employees serving a township independent authority shall be deemed to
be serving the township for purposes of this chapter. Until such time as the
North Brunswick Township Ethical Standards Board shall have adopted a code
of ethics, the provisions set forth herein shall serve as the code of ethics.
B.
The code of ethics promulgated by the Board shall be either identical to the provisions set forth in § 29-5 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 the newspaper designated for the
publication of official notices for the township and shall be distributed
to the Township Clerk and to the Township Administrator for circulation among
the officers and employees serving the township.
D.
The North Brunswick Township 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 township and any
other person wishing to be heard shall be permitted to testify.
E.
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 in § 29-5, the North Brunswick Township Ethical Standards 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 act within 60 days of the
submission, the code of ethics shall be deemed approved.
H.
A code of ethics requiring approval by the New Jersey
Local Finance Board shall take effect 60 days after approval by the Commission.
I.
A code of ethics identical to the provisions set forth in § 29-5 shall take effect 10 days after the public hearing.
J.
The Board shall forward a copy of the code of ethics
to the Township Clerk and shall make copies available to officers and employees
serving the township.
The North Brunswick Township Ethical Standards 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 township.
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 Middlesex 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 township which may warrant the institution of other
legal proceedings.
D.
To render advisory opinions to local officers or employees
serving the township as to whether a given set of facts and circumstances
would constitute a violation of any provision 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 township
and to impose penalties for the violation thereof as are authorized by this
chapter.
F.
To adopt rules and regulations as are necessary to implement
the purposes of this chapter.
A.
An officer or employee of the Township of North Brunswick
may request and obtain from the North Brunswick Township Ethical Standards
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 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
be made public, so determines.
A.
The North Brunswick Township Ethical Standards Board,
upon receipt of a signed written complaint by any person alleging that the
conduct of any officer or employee of the Township of North Brunswick serving
the township 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 transmit a copy thereof to the complainant
and to the officer or employee of the Township of North Brunswick against
whom the complaint was filed.
D.
If the Board shall conclude that the complaint is within
its jurisdiction and has factual basis, the Board shall notify the officer
or employee of the Township of North Brunswick 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 Township of North Brunswick is
in conflict with the municipal code of ethics or any financial disclosure
requirements, the Board shall conduct a hearing 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 officer or employee.
G.
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.
H.
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 are appropriate within the limits
of this chapter.
A.
An appointed or elected officer or employee of the Township
of North Brunswick found guilty by the North Brunswick Township Ethical Standards
Board of the violation of any provision of this chapter or of 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. The North Brunswick
Township Ethical Standards Board shall report its findings to the office or
agency having the power of removal or discipline of the appointed officer
or employee and may recommend that further disciplinary action be taken.
B.
The finding by the North Brunswick Township Ethical Standards
Board that an appointed officer or employee of the Township of North Brunswick
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 or any code of ethics in effect pursuant to 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
Annotated 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.
This chapter shall take effect upon final adoption and publication of
notice of adoption as required by law, except that the requirements providing
for the filing of financial disclosure reports shall take effect on the 21st
day of May, 1991, with the first reports required to be filed not later than
August 19, 1991.