[HISTORY: Adopted by the Township Committee
of the Township of Cinnaminson as indicated in article histories.
Amendments noted where applicable.]
[Adopted 6-19-1991 by Ord. No. 1991-15 (Sec. 1.64 of the 1995 Code)]
This article shall be known and may be cited
as the "Cinnaminson Township Code of Ethics."
The Township Committee of the Township of Cinnaminson
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 public 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 article to provide a method
of assuring that standards of ethical conduct and financial disclosure
requirements for officers and employees of the Township of Cinnaminson
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 article 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 article 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 Township of
Cinnaminson under the provisions of Titles 40 and 40A of the New Jersey
statutes.
As used in this article, 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 Cinnaminson, and any independent local authority created by or
appointed under the authority of the Township of Cinnaminson, 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 nonunion profit 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:
Member of the Township Committee.
Township Clerk.
Deputy Township Clerk.
Secretary, Planning Board.
Secretary, Zoning Board.
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 Cinnaminson or of an agency created under the authority of or appointed
by the Township of Cinnaminson.
Any other person determined to be an officer
of the Township pursuant to the Local Government Ethics Law or by
the Local Finance Board of the Department of Community Affairs.
An officer or employee of the Township of Cinnaminson or
of an agency under the authority of or appointed by the Township of
Cinnaminson.
Officers and employees of the Township of Cinnaminson
shall comply with the following provisions:
A.
No officer or employee of the Township of Cinnaminson
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 of 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 Cinnaminson. 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 Township
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,
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 Cinnaminson, 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.
K.
No officer or employee elected or appointed in the
Township shall, without receiving formal written authorization from
the appropriate person or body, disclose any confidential information
concerning any other officer or employee or any other person or any
property or governmental affairs of the Township.
L.
No officer or employee shall approve or disapprove
or in any way recommend the payment of any bill, voucher or indebtedness
owed or allegedly owed by the Township in which he has a direct or
indirect personal, pecuniary or private interest.
M.
No officer or employee elected or appointed in the
Township shall request, use or permit the use of any public property,
vehicle, equipment, labor or service for personal convenience or the
private advantage of himself or any other person. This prohibition
shall not be deemed to prohibit an official or employee from requesting,
using or permitting the use of such public property, vehicle, equipment,
material, labor or service which it is the general practice to make
available to the public at large or which are provided as a matter
of stated public policy for the use of officials and employees in
the conduct of official business.
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,
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 honorarium 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 Cinnaminson 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, 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.
C.
The original statement shall be filed with the Township
Clerk within 90 days after the effective date of this article or the
effective date of the New Jersey Local Government Ethics Law, whichever
shall first occur. All subsequent statements shall be filed on or
before April 30 of each year. A copy of the statement shall be filed
with the Cinnaminson Township Ethical Standards Board.
D.
All financial disclosure statements filed shall be
public records.
A.
There is hereby established the Cinnaminson 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 Committee.
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 Cinnaminson Township Ethical Standards
Board shall annually elect a Chairperson from among the membership.
C.
The members shall serve for a term 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.
Members of the Board shall serve without compensation
but shall be reimbursed for necessary expenses incurred in the performance
of their duties under this article.
E.
All hearings required pursuant to this article 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 article 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 stenographic record of the hearing.
(7)
Right of examination and cross-examination.
A.
The Township Committee shall provide the Cinnaminson
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 Cinnaminson
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 Cinnaminson 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 article within the limits
of funds appropriated by the Township Committee for those purposes
in the annual budget.
A.
Within 90 days after the appointment of the Cinnaminson 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 article. Until such time as the Cinnaminson Ethical Standards Board shall have adopted a Code of Ethics, the provisions set forth in § 41-5 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 § 41-5 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 Cinnaminson 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.
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 in § 41-5, the Cinnaminson 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
Finance Board shall take effect 60 days after approval by the Commission.
I.
A Code of Ethics identical to the provisions set forth in § 41-5 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 Cinnaminson 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 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 by the Attorney General.
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 article.
F.
To adopt rules and regulations and to other things
as are necessary to implement the purposes of this article.
A.
An officer or employee of the Township of Cinnaminson
may request and obtain from the Cinnaminson 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 Cinnaminson 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 Cinnaminson
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 of the Township of Cinnaminson
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 shall notify the officer or employee of the Township of
Cinnaminson against whom the complaint was filed, 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 Cinnaminson
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 appropriate within the
limits of this article.
A.
An appointed officer or employee of the Township of
Cinnaminson found guilty by Cinnaminson Township Ethical Standards
Board of the violation of any provision of this article or of any
Code of Ethics in effect pursuant to this article shall be fined not
less $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:58-10. The Cinnaminson 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.
An elected officer or employee of the Township of
Cinnaminson found guilty by the Cinnaminson Township Ethical Standards
Board of the violation of any provision of this article or of any
Code of Ethics in effect pursuant to this article 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:58-10).
C.
The finding by the Cinnaminson Township Ethical Standards
Board that an appointed officer or employee of the Township of Cinnaminson
is guilty of the violation of the provisions of this article or of
any Code of Ethics in effect pursuant to this article 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 article or any Code of Ethics in effect pursuant
to this article, the procedure leading to removal, suspension, demotion
or other disciplinary action shall be governed by any new applicable
procedures of Title 11A of the New Jersey Statutes and the rules promulgated
pursuant thereof.
All statements, complaints, requests or other
written materials filed pursuant to this article and any rulings,
opinions, judgments, transcripts or other official papers prepared
pursuant to this article shall be preserved for a period of five years
from the date of filing or preparation, as the case may be.
[Adopted 5-18-2005 by Ord. No. 2005-16]
It is the purpose of this article that, notwithstanding
that professional services contracts are exempt from the competitive
bidding requirements of the Local Public Contracts Law, N.J.S.A. 40A:11-1
et seq., the Township Committee deems it appropriate, in order to
avoid any public perception that professional services contracts are
awarded in consideration for, e.g., political contribution or other
considerations, said contracts, consistent with the provisions of
recently enacted New Jersey legislation, shall henceforth be awarded
through a competitive, quality-based, fair and open process.
No professional services contracts, in excess
of $17,500, as that term is used in the Local Public Contracts Law,
shall be awarded after the date of the adoption of this article, unless
the following competitive, quality-based, fair and open process is
followed:
A.
Professional services may be awarded by virtue of
a combined publicly advertised request for qualifications (RFQ) and
request for proposals (RFP) which will be issued as one document for
those appointments which are made on an annual basis, such as, but
not limited to, the positions of Township Attorney, Township Engineer,
Township Planner, Planning Board Attorney, Planning Board Engineer,
and such similar statutory and/or ordinance public positions.
B.
The following requirements shall also apply to any
RFQ and/or RFP processed under the contracting procedures established
by this article:
(1)
Publicly advertised in newspapers in sufficient time
to give notice in advance of the solicitation for the contracts;
(2)
Awarded under a process that provides for public solicitation
of proposals and qualifications;
(3)
Awarded and disclosed under criteria established in
writing by the Township of Cinnaminson prior to the solicitation of
proposals or qualifications; and
(4)
Publicly announced when awarded; and as to those RFQ's
and RFP's which prove to be unsuccessful, the Municipal Clerk shall
retain a copy of same on file for a period of not less than 60 days.
C.
A review of RFP's/RFQ's by departmental review committees.
A Departmental Review Committee shall be established consisting of
not less than two persons to prepare, process and evaluate any RFQ
and/or RFP issued pursuant to the professional services contracting
procedures set forth above. Each Departmental Review Committee must
prepare, prior to a request for proposals, a written cost estimate
in order to allow for proper evaluation of the fee aspect of proposals.
Moreover, said Committee shall evaluate the respective qualifications
and/or proposals, taking into consideration the designated qualifications
and/or performance criteria, experience, quoted fee and other relevant
factors in making a recommendation of award to the Mayor and Township
Committee; and the Departmental Review Committee may, in its sole
discretion, conduct negotiations with qualified vendors after receipt
of proposals, in order to achieve the best possible contract terms
and conditions for the Township and its taxpayers.[1]
D.
Emergency exceptions. Notwithstanding the foregoing,
the Township Committee recognizes that the New Jersey Legislature
has provided for the occurrence of certain emergencies, and further
recognizes that, therefore, the procedure outlined above, might not
be capable of being achieved in the event of an emergency or similar
time constraints. Thus, should such a situation arise, and time does
not permit resort to this procedure, and the immediate performance
of services is necessary, then an award for same may be made in accordance
with the provisions of the Local Public Contracts Law relating to
emergency contracts, and such rules and regulations as made be promulgated,
from time to time, by the Township Committee with regard to same.
No such emergency contracts, however, may be awarded without submission
to the Township Clerk of a certification establishing the basis for
the deviation from the procedures outlined herein.
No candidate for office, appointment or employment
and no officer, appointee, or employee in any municipality shall directly
or indirectly give or promise any person any office, position, employment
benefit or anything of value for the purpose of influencing or obtaining
the political support, aid, or vote of any person, under the penalty
of being disqualified to hold the office or employment to which he
or she may be or may have been elected or appointed.
