[Adopted by Ord. No. 1656 (§ 2-42 of the 1987 Code)]
A.
There is hereby created an Ethics Board within the
Borough.
B.
The Board shall consist of six members who are appointed
by the governing body of the Borough.
C.
The Board shall consist of at least two members who
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 Board
shall be of the same political party.
D.
The members of the Municipal Ethics Board shall annually
elect a Chairman from among the membership.
E.
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 successor has been appointed
and qualified. Any vacancy occurring in the membership of the Ethics
Board shall be filled in the same manner as the original appointment
for the unexpired term.
F.
Members of the Ethics Board shall serve without compensation
but shall be reimbursed by the municipality for necessary expenses
incurred in the performance of their duties under this article.
A.
The governing body of the municipality shall provide
the Municipal Ethics Board 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 Municipal Ethics
Board and its members shall be paid, upon certification of the Chairman,
by the Municipal Treasurer within the limits of funds appropriated
by the municipal governing body by annual or emergency appropriations
for those purposes.
C.
The Municipal Ethics Board 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 municipal governing body for those purposes.
A Municipal 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 Municipal
Code of Ethics or financial disclosure requirements by local government
officers or employees serving the municipality.
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 local government officers or employees serving the municipality
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 municipality 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 municipality and to impose
penalties for the violation thereof as are authorized by this article.
F.
To adopt rules and regulations and to do other things
as are necessary to implement the purposes of this article.
A local government officer or employee serving
the municipality may request and obtain from the Municipal Ethics
Board 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 Municipal Ethics Board shall not be made public, except when
the Ethics Board 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 local government officer or employee unless
the Ethics Board in directing that the opinion be made public so determines.
The Municipal Ethics Board, upon receipt of
a signed written complaint by any person alleging that the conduct
of any local government officer or employee serving the municipality
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 Ethics Board shall
make a determination as to whether the complaint is within its jurisdiction
or frivolous or without any reasonable factual basis. If the Ethics
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 local government officer or employee against whom the complaint
was filed. Otherwise the Ethics Board shall notify the local government
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
Ethics Board with any statement or information concerning the complaint
which he wishes. Thereafter, if the Ethics Board determines that a
reasonable doubt exists as to whether the local government officer
or employee is in conflict with the Municipal Code of Ethics or any
financial disclosure requirements, it shall conduct a hearing in the
manner prescribed by the Administrative Procedure Act (N.J.S.A. 52:14B-1
et seq.) of this act, concerning the possible violation and any other
facts and circumstances which may have come to its attention with
respect to the conduct of the local government officer or employee.
The Ethics Board 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 Ethics Board.
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 this article. A final decision of the Ethics Board
may be appealed to the Local Finance Board within 30 days of the decision.
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 at least
five years from the date of filing or preparation, as the case may
be.
