Township of Jackson, NJ Part 3 Ethics Information Committee

[Adopted 11-24-2009 by Ord. No. 37-09]

Article V Establishment; Membership; Powers and Duties

§ 26-13 Establishment; definitions.

A. There is hereby established a Township Ethics Information Committee consisting of seven members. The Mayor shall appoint three members of the public to the Ethics Information Committee, two of whom shall be from different political parties (e.g., one Republican and one Democrat) and one member who shall be an Independent or undeclared. The Council shall appoint three members of the public to the Ethics Information Committee, two of whom shall be from different political parties (e.g., one Republican and one Democrat) and one member who shall be an Independent or undeclared. A Republican member shall have been a registered Republican for at least five years prior to appointment. A Democrat shall have been a registered Democrat for at least five years prior to appointment. An Independent shall have been registered as an Independent for at least five years prior to appointment. The seventh member shall be a member of the clergy, and shall be appointed by the Mayor with the advice and consent of the Council. An alternative seventh member shall be appointed who is also a member of the clergy, who shall participate in discussions, but shall only have a vote if the regular seventh member is not present. The members shall be chosen by virtue of their known and consistent reputation for integrity and their knowledge of local government affairs. All members must be residents of Jackson Township, except the clergy members who are the seventh members, who shall either be Jackson Township residents, or whose congregations shall be located in Jackson Township in accordance with § 26-15. All members, except the seventh regular and alternate members, shall agree to a background check by the Township.

B. For purposes of this Part 3, the following terms shall have the meanings indicated:

EMPLOYEE

Any person who is not a local government officer, whether compensated or not, whether part-time or full-time, whether employed by or serving on an agency of or for the Township of Jackson.

OFFICER or LOCAL GOVERNMENT OFFICER

Any person, whether compensated or not, whether part-time or full-time, who is one of the following:

(1) Mayor;

(2) Township Council;

(3) Municipal Clerk;

(4) Deputy Municipal Clerk;

(5) Business Administrator;

(6) Confidential Aide to Mayor;

(7) All department heads;

(8) All salaried division heads;

(9) Township Engineer;

(10) Municipal Prosecutor;

(11) Public Defender;

(12) Members, Zoning Board of Adjustment;

(13) Attorney, Zoning Board of Adjustment;

(14) Engineer, Zoning Board of Adjustment;

(15) Planner, Zoning Board of Adjustment;

(16) Members, Planning Board;

(17) Attorney, Planning Board;

(18) Engineer, Planning Board;

(19) Planner, Planning Board;

(20) Code Enforcement Officer;

(21) Members, Jackson Township Municipal Utilities Authority;

(22) Attorney, Jackson Township Municipal Utilities Authority;

(23) Members, Rent Leveling Board;

(24) Attorney, Rent Leveling Board;

(25) Accountant, Rent Leveling Board;

(26) Members, Historic Preservation Commission;

(27) Members, Environmental Commission;

(28) Members, Shade Tree Commission;

(29) All police officers above the title of patrolman;

(30) Members, Economic Development Commission;

(31) Any other person who is a managerial executive or confidential employee, as defined the New Jersey Employer-Employee Relations Act, N.J.S.A. 34:13A-3 et seq., of the Township of Jackson, or of an agency created under the authority of or appointed by the Township of Jackson.

UNDECLARED

A person shall be considered to be of this status if the person has not voted in a political party primary in the immediate five years prior to appointment.

§ 26-14 Political activity of members; confidentiality.

Subsequent to appointment to the Ethics Information Committee, members shall not participate in any kind of political activity or campaign activity, such as, but not limited to, being a member of or in attendance at political party club meetings, campaigning door-to-door, participating in political party phone banks, or writing letters to media which are of a political nature. Members shall not make monetary or in-kind contributions to any political party committee, candidate committee or political action committee, whether local, state, county or national, while a member of the Ethics Information Committee. If a member is determined to have violated the provisions of this section, the member shall be immediately dismissed from the Ethics Information Committee. Any member who is determined to have disclosed the name and/or information contained in a complaint made in accordance with § 26-20 herein shall be dismissed immediately from the Committee.

§ 26-15 Chairperson; term.

The Chairperson shall be the seventh member of the Ethics Information Committee, appointed by the Mayor with the advice and consent of the Council, and shall be a member of the clergy. The term of this member shall be a five-year term. The Mayor, with the advice and consent of the Council, shall appoint an alternate seventh member, who shall also be a member of the clergy, and shall also serve a five-year term. The regular and alternate seventh member shall be residents of Jackson Township or, in the alternative, shall have congregations whose physical base and religious home are located in the borders of Jackson Township.

§ 26-16 Ethics Officer.

The Township Clerk shall serve as Ethics Officer.

§ 26-17 Terms; vacancies.

A. The Mayor shall appoint his or her members by letter. The Council shall appoint its members by resolution of the Township Council. The seventh member shall also be appointed by resolution of the Township Council. Initial terms of the members for the Ethics Information Committee shall be determined by random lottery selection, conducted by the Chairperson of the Committee as follows:

(1) Of the two members appointed from one political party (e.g., two Republicans, one appointed by the Mayor and one appointed by the Council), one shall have a term for one year and the other shall have a term for three years, as determined by the random lottery.

(2) Of the two members appointed from the other political party (e.g., two Democrats, one appointed by the Mayor and one appointed by the Council), one shall have a term for one year, and the other shall have a term for three years, as determined by the random lottery.

(3) Of the two members appointed as Independent or undeclared, (e.g., one Independent and one undeclared, one appointed by the Mayor and one appointed by the Council), one shall have a term for one year, and the other shall have at term for three years, as determined by the random lottery.

B. After the serving of the initial terms, appointment to the Ethics Information Committee shall be for a term of five years.

C. Any vacancy occurring in the membership of the Ethics Information Committee shall be filled in the same manner as the original appointment for the unexpired term.

§ 26-18 Compensation.

Members of the Ethics Information Committee shall serve without compensation.

§ 26-19 Distribution of ethics information.

Within 90 days after the establishment of a Township Ethics Information Committee, and by January 31 of each succeeding year, the Ethics Officer shall distribute the Township Code of Conduct and the applicable state Ethics Law to all local government officers and employees, including all elected officials, appointed board and committee members, as defined herein under § 26-13B. The Township Code of Conduct and applicable state Ethics Law shall be deemed to mean, but not be limited to, the provisions of N.J.S.A. 40A:9-22.6 and N.J.S.A. 40:69A-163 to 40:69A-167. The Ethics Officer shall obtain and maintain a signed statement from each person to whom the information is distributed, acknowledging receipt of the distributed materials. If the Township Code of Conduct, or the relevant state ethics standard is revised or supplemented, copies of such revision or supplement shall be provided, and acknowledged, in the same manner as set forth herein for the annual distribution.

§ 26-20 Receipt of ethics questions and complaints.

A. The Township Ethics Information Committee, through the Ethics Officer, shall establish an e-mail address, and a toll-free phone number for the receipt of ethics questions or complaints alleging that the conduct of any local government officer or employee serving the municipality is in conflict with the Code of Conduct or applicable ethical standard. Employees, officials or other identified individuals may submit questions and complaints with regard to possible violations of the Township Code of Conduct or state ethics requirements. All complaints or questions received must be submitted with the name and address of the submitter. Anonymous submissions will not be forwarded to the Committee.

B. The Ethics Officer will forward such questions and complaints to the Committee. The Committee will hold meetings at least quarterly and will respond, in writing, to questions as soon as practicable. Complaints will be submitted by the Ethics Officer to the Committee without identifying individual employees.

C. Response of Committee.

(1) If the complaint describes what the Committee considers questionable conduct, the Ethics Officer shall contact the accused officer or employee and advise that he or she may submit documentation to refute the allegations in writing to the Committee within 30 days of the date of notification by the Committee. The accused officer or employee may also request a meeting in person with the Committee to present evidence to refute the complaint. If, subsequently, the Committee determines that the complaint should be reviewed, it shall direct the Ethics Officer to forward the complaint to the Ethics Division of the Local Finance Board in the State Office of Community Affairs, with a letter from the Committee advising as to its findings, along with any pertinent documentation and evidence received by the Committee. Additionally, if the Committee determines that its findings warrant the complaint, findings, documentation and evidence will be forwarded to the Ocean County Prosecutor's Office, or other appropriate legal investigatory, entity for further investigation.

(2) The individual submitting the complaint shall be advised, in writing, whether the matter was so forwarded, or if the information presented did not appear to the Committee to describe an ethical lapse. If the Committee is not forwarding the complaint to the Ethics Division of the Local Finance Board in the State Office of Community Affairs, the Committee will advise, in writing, the individual submitting the complaint that he or she may file such complaint directly with the Ethics Division of the Local Finance Board in the State Office of Community Affairs.

D. If the Committee determines that the individual submitting the complaint has revealed its contents to the media or has published the information publicly, whether written or orally, the Committee will advise, in writing, the individual submitting the complaint that, the Committee will not consider the complaint and that he or she may file such complaint directly with the Ethics Division of the Local Finance Board in the State Office of Community Affairs.