[HISTORY: Adopted by the Town Council of
the Town of Phillipsburg 3-20-2018 by Ord. No. O:2018-08.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 27.
Drug-free workplace — See Ch. 32.
Personnel policy and practices — See Ch. 100.
Sexual discrimination; sexual harassment — See Ch. 129.
[1]
Editor’s Note: This ordinance also repealed former Ch.
53, Code of Ethics, adopted 8-20-1991 by Ord. No. O:91-24 (Ch. 23
of the 1969 Code), as amended.
The Phillipsburg Municipal Council 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; and
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 Town of Phillipsburg shall be clear,
consistent, uniform in their application, 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 chapter to implement the provisions
of the Local Government Ethics Law, N.J.S.A. 40A:9-22.1 et seq.
C.
This chapter is enacted under the authority of the Local Government
Ethics Law, N.J.S.A. 40A:9-22.1 et seq., and under the further authority
granted to the Town of Phillipsburg 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 corporation, partnership, firm, enterprise, franchise,
association, trust, sole proprietorship, union or other legal entity.
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.
Any agency, board, governing body, including the chief executive
officer, bureau, division, office, commission or other instrumentality
within the Town of Phillipsburg, and any independent local authority,
including any entity created by or appointed under the authority of
the Town of Phillipsburg, whether in conjunction with one or more
other municipalities, which performs functions other than of a purely
advisory nature; but shall not include a school board.
Any person, whether compensated or not, whether part-time
or full-time, employed by or serving Town, or any independent local
authority or agency established by the Town, who is not a local government
officer; but shall not mean any employee of a school district.
Any person, whether compensated or not, whether part-time
or full-time: 1) elected to any office of the Town, or any independent
local authority or agency established by the Town; 2) serving on a
local government agency which has the authority to enact ordinances,
approve development applications or grant zoning variances; 3) who
is a member of an independent municipal authority of the Town; or
4) who is a managerial executive or confidential employee of a local
government agency of the Town; but shall not mean any employee of
a school district or member of a school board.
A local government officer or local government employee of
the Town of Phillipsburg, including, but not limited to, one of the
following:
Mayor or Member of the Council;
Town Administrator;
Assistant Administrator;
Department head;
Treasurer/Chief Financial Officer;
Tax collector;
Director, Recreation Commission;
Chief of Police;
Captain of Police;
Tax Assessor;
Town Clerk;
Town Attorney;
Town Engineer;
Town planning consultant;
Town auditor;
Municipal Judge;
Municipal Prosecutor;
Municipal Public Defender;
Planning Board member;
Planning Board attorney;
Board of Adjustment member;
Board of Adjustment attorney;
Director of Public Works;
Construction Code Official;
Zoning officer;
Director of Social Services;
Fire Chief;
Trustee of the Phillipsburg Free Public Library;
Director of the Phillipsburg Free 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 Town of Phillipsburg or of
an agency created under the authority of or appointed by the Town
of Phillipsburg.
The spouse or dependent child of a local government officer
or employee residing in the same household.
In accordance with the provisions of that certain law entitled
"Local Government Ethics Law," N.J.S.A. 40A:9-22.1 et seq., there
is hereby established a Municipal Ethics Board of the Town of Phillipsburg
consisting of six members who shall be residents of the municipality,
at least two of whom shall be public members. The members of the Ethics
Board shall be appointed by the Municipal Council of the Town of Phillipsburg
and 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.
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.
The members of the Municipal Ethics Board shall annually elect
a Chairman from among the membership.
The members of the Ethics Board shall serve without compensation
but shall be reimbursed by the City for necessary expenses incurred
in the performance of their duties under the Act. All necessary expenses
incurred by the Municipal Ethics Board and its members shall be paid,
upon certification of the Chairman, by the City Chief Financial Officer
within the limits of funds appropriated by the Municipal Council by
annual or emergency appropriations for those purposes. The Municipal
Ethics Board may appoint employees, including independent counsel
and clerical staff as are necessary to carry out the provisions of
law within the limits of funds appropriated by the Municipal Council
for such purpose.
The 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 act; and
F.
To adopt rules and regulations and to do other things as are necessary
to implement the purposes of this act.
Within 90 days after the establishment of a Municipal Ethics
Board, that Ethics Board shall promulgate by resolution a Municipal
Code of Ethics for all local government officers and employees serving
the municipality. Local government officers and employees serving
a municipal independent authority shall be deemed to be serving the
municipality for purposes of this act.
The Code of Ethics so adopted shall apply to all of the local
government officers or employees of the Town of Phillipsburg, after
proper notice and public hearing before the Ethics Board as required
by N.J.S.A. 40A:9-22.21, as amended. The Code of Ethics shall take
effect 10 days after the Ethics Board's public hearing thereon,
if identical to the provisions set forth in N.J.S.A. 40A:9-22.5, or,
if Local Finance Board approval is required, after 60 days of approval
by the Local Finance Board. The Ethics Board shall forward a copy
of the Code of Ethics to the Town Clerk, and shall make copies available
to local government officers and employees serving the Town.
A.
All local government officers of the Town of Phillipsburg 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 local government
officer's job title:
(1)
Each source of income, earned or unearned, exceeding $2,000 received
by the local government 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 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; and
(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.
All financial disclosures shall be made utilizing the financial disclosure
statement form promulgated by the New Jersey Local Finance Board,
in accordance with the New Jersey Local Government Ethics Law. The
Ethics Board shall make the forms available to the local government
officers required to file a financial disclosure statement.
C.
The original financial disclosure statement shall be filed with the
Municipal Clerk, with a copy being provided to the Ethics Board, on
or before April 30 of each year.
D.
All financial disclosure statements filed shall be public records.
Any local government officer or employee serving the Town may
request and obtain from the Ethics Board an advisory opinion as to
whether any proposed activity or conduct would, in its opinion, constitute
a violation of the Town Code of Ethics or any financial disclosure
requirements. Advisory opinions of the Ethics Board shall not be made
public, except when the Ethics Board, by a 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 specifically determines to disclose such name.
A.
Upon receipt of a signed written complaint by any person alleging
that the conduct of any local government officer or employee serving
the Town is in conflict with the Town Code of Ethics or financial
disclosure requirements, the Ethics Board 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 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. If the Ethics Board
concludes that is within its jurisdiction, it 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.
C.
The Ethics Board shall provide the officer or employee the opportunity
to present any statements or information in response to the complaint.
D.
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 pursuant to § 53-6 of this chapter, 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.
E.
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.
F.
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 chapter. A final decision of the Ethics Board
may be appealed to the Local Finance Board within 30 days of the decision.
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.
A.
An appointed local government officer or employee found guilty by
the Ethics Board of the violation of any provision of this chapter
or of the 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[1] et seq. The Ethics Board shall report its findings to
the office or agency having the power of removal or discipline of
the appointed local government officer or employee and may recommend
that further disciplinary action be taken.
[1]
Editor's Note: N.J.S.A. 2A:58-1 through 2A:58-9 were
repealed by L. 1999, c. 274, § 4. See now N.J.S.A. 2A:58-10
et seq.
B.
An elected local government officer or employee found guilty by the
Ethics Board of the violation of any provision of this chapter or
of the 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 et seq.
C.
The finding by the Ethics Board that an appointed local government
officer or employee is guilty of the violation of the provisions of
this chapter, or of the Code of Ethics in effect pursuant to this
chapter, shall be sufficient cause for his 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 charged with violating the provisions of this chapter or the 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 and the rules promulgated pursuant thereto.
All statements, complaints, requests or other written materials
filed with the Ethics Board under this chapter, and any rulings, opinions,
judgments, transcripts or other official papers prepared pursuant
to this chapter, shall be preserved by the Ethics Board for a period
of at least five years from the date of filing or preparation, as
the case may be.
A.
The Town Council of the Town of Phillipsburg shall provide 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 Ethics Board and its members
shall be paid, upon certification of the Chairman, by the municipal
financial officer within the limits of funds appropriated by the Town
Council by annual or emergency appropriations for those purposes.
C.
The Ethics Board 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 Town Council
for those purposes.
