[HISTORY: Derived from Ch. II, Sec. 2-20, of the Revised General
Ordinances of the Borough of Fort Lee, 1978, adopted 3-1-1979. Amendments
noted where applicable.]
A. There is hereby established a Board of Ethics consisting
of six members who are residents of the Borough of Fort Lee, at least two
of whom shall be public members. 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 Ethics Board shall
be of the same political party.
B. The members of the Board of Ethics shall annually elect
a Chairman 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 successor
has been appointed and qualified. Any vacancy occurring in the membership
of the Board of Ethics shall be filled in the same manner as the original
appointment for the unexpired term.
D. Members of the Board of Ethics shall serve without compensation
but shall be reimbursed by the municipality for necessary expenses incurred
in the performance of their duties under this chapter.
A. The governing body of the Borough of Fort Lee shall provide
the Board of Ethics with offices for the conduct of its business and the preservation
of its records and shall supply equipment and supplies as may be necessary.
B. All necessary expenses incurred by the Board of Ethics
and its members shall be paid, upon certification of the Chairman of the Board,
by the Municipal Treasurer within the limits of funds appropriated by the
governing body by annual or emergency appropriations for those purposes.
C. The Board of Ethics may appoint employees, including
independent counsel, and clerical staff as are necessary to carry out the
provisions of this chapter within the limits of funds appropriated by the
municipal governing body for those purposes.
A. Within 90 days after the establishment of the Board of
Ethics, the Board shall promulgate by resolution a Municipal Code of Ethics
for all officers and employees serving the municipality. Officers and employees
serving a municipal independent authority shall be deemed to be serving the
municipality for purposes of this chapter.
B. The Municipal Code of Ethics so promulgated by the Board
shall be either identical to the provisions set forth in Section 5 of c. 29,
P.L. 1991 (the Local Government Ethics Law) or more restrictive, but shall not be less restrictive. Within
15 days following the promulgation thereof, the Municipal Code of Ethics,
and a notice of the date of the public hearing to be held thereon, shall be
published in at least one newspaper circulating within the Borough of Fort
Lee and shall be distributed to the Borough Clerk and the heads of the agencies
serving the municipality for circulation among the officers and employees
serving the municipality. The Board of Ethics shall hold a public hearing
on the Municipal Code of Ethics not less than 30 days following its promulgation
at which any officer or employee serving the Borough of Fort Lee and any other
person wishing to be heard shall be permitted to testify. As a result of the
hearing, the Board of Ethics may amend or supplement the Municipal Code of
Ethics as it deems necessary. If the Municipal Code of Ethics is not identical
to the provisions set forth in Section 5 of c. 29, P.L. 1991 (the Local Government
Ethics Law), the Board of Ethics shall thereafter submit the Municipal Code
of Ethics to the Local Finance Board in the Division of Local Government Services
in the Department of Community Affairs for approval. A Municipal Code of Ethics
requiring approval by the Local Finance Board shall take effect for all officers
and employees serving the Borough of Fort Lee 60 days after approval by the
Local Finance Board. A Municipal Code of Ethics identical to the provisions
set forth in Section 5 of c. 29, P.L. 1991 (the Local Government Ethics Law),
shall take effect 10 days after the public hearing held thereon. The Board
of Ethics shall forward a copy of the Municipal Code of Ethics to the Borough
Clerk and shall make copies of the Municipal Code of Ethics available to officers
and employees serving the Borough of Fort Lee.
The Board of Ethics 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 statements by officers or employees serving
the Borough of Fort Lee.
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 Municipal
Code of Ethics or financial disclosure requirements by officers or employees
serving the Borough of Fort Lee 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 officers or employees
serving the Borough of Fort Lee 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 officers or employees
serving the Borough of Fort Lee and to impose penalties for the violation
thereof as are authorized by this chapter.
F. To adopt rules and regulations and to do other things
as are necessary to implement the purposes of this chapter.
An officer or employee serving the Borough of Fort Lee may request and
obtain from the Board of Ethics an advisory opinion as to whether any proposed
activity or conduct would in its opinion constitute a violation of the Municipal
Code of Ethics or any financial disclosure requirements. Advisory opinions
of the Board of Ethics shall not be made public, except when the Board of
Ethics by the vote of 2/3 of all of its members directs that the opinion be
made public. Public advisory opinions shall not disclose the name of the officer
or employee unless the Board of Ethics in directing that the opinion be made
public so determines.
A. The Board of Ethics, upon receipt of a signed written
complaint by any person alleging that the conduct of any officer or employee
serving the Borough of Fort Lee is in conflict with the Municipal 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. The Board of Ethics
shall make a determination as to whether the complaint is within its jurisdiction
or frivolous or without any reasonable factual basis. If the Board of Ethics
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
against whom the complaint was filed. Otherwise the Board of Ethics 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 therein.
The officer or employee shall have the opportunity to present the Board of
Ethics with any statement or information concerning the complaint which he
wishes. Thereafter, if the Board of Ethics 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, it shall conduct
a hearing in conformity with the rules and procedures, insofar as they be
applicable, provided for hearings by a state agency in contested cases under
the Administrative Procure Act, P.L. 1968, c. 410 (N.J.S.A. 52:14B-1 et seq.)
concerning the possible violation and any other facts and circumstances which
may have come to its attention with respect to the conduct of the officer
or employee. The Board of Ethics shall render a decision as to whether the
conduct of the officer or employee is in conflict with the Municipal 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 of Ethics.
B. If the Ethics 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 limitations
of Section 10 of c. 29, P.L. 1991 (the Local Government Ethics Law). A final decision of the Board of Ethics may be appealed to the
Local Finance Board within 30 days of the decision.