[HISTORY: Adopted by the Township Committee of the Township
of Liberty 3-5-1990 by Ord. No. 3-90. Amendments noted where applicable.]
GENERAL REFERENCES
Indemnification of officers and employees — See Ch. 16.
A.
To assure that all citizens are treated with courtesy, impartiality,
fairness and equality under the law, the Township of Liberty declares
that in our representative form of government, it is essential that
the conduct of township officials and employees shall hold the respect
and confidence of the people. Township officials and employees must,
therefore, avoid conduct which is in violation of their public trust
or which creates a justifiable impression among the public that such
trust is being violated.
B.
The Code of Ethics herein established defines conflicts of interest
which are considered substantial and material, which might impair
impartial or independent judgment or bring the government into disrepute.
C.
To ensure propriety and preserve public confidence, persons serving
in government should have the benefit of specific standards to guide
their conduct and some disciplinary mechanism to ensure the uniform
maintenance of these standards.
D.
This code requires a disclosure of personal and financial interests
in the township of all officials and employees in the Township of
Liberty. An impartial Board of Ethics will review the facts and measure
them by the standards established in this code. The Board of Ethics
will report its findings to the Township Committee, which will take
appropriate action if necessary.
As used in this chapter, the following terms shall have the
meanings indicated:
The Board of Ethics created by this chapter.
Any employment, investment or other association or activity
which yields or may yield to a township official or employee, directly
or indirectly, a monetary or other material benefit, except the duly
authorized salary or compensation of his or her public office, position
or employment.
Spouse or live-in companion and the children of either and
other relatives living in the same household.
Any association or connection with other persons arising
from blood or marriage relationships or from direct business relationships
which may reasonably be expected to influence a township official
or employee to favor or otherwise not to deal impartially in any matter,
whether or not a financial interest is involved.
The Township Committee of the Township of Liberty or any
agency, authority, board, commission, council, court, department or
unit of the Township of Liberty.
A.
Organization.
(1)
There is hereby created and established a Board of Ethics of the
Township of Liberty consisting of five members who are full-time residents
of the township and have maintained full-time residency for a minimum
of two years, who shall not hold any other office or employment under
the municipality and have not held such office or employment within
one year prior to their appointment.
(2)
The five members shall be appointed by a majority vote of the full
membership of the Township Committee and shall serve without compensation.
Nominees for appointment shall include volunteers or others recommended
by a township official, employee or citizen at large. They shall serve
for terms of three years or until their successors are appointed and
installed. Members are eligible for reappointment. Persons who fill
a vacancy shall be appointed in the same manner to serve for the remainder
of the term. To provide for staggered terms, determined by lot, one
of the original five members shall serve for one year, two for two
years and two for three years. The members of the Board of Ethics
shall elect a Chairperson at the beginning of each calendar year.
No Board member shall serve as Chairperson for more than three consecutive
years.
(3)
The Board shall have the power to employ such stenographic and clerical
help as it may from time to time require and as authorized by the
Township Committee, within the limits of funds appropriated to it.
B.
Powers, duties and functions of the Board of Ethics. The Board of
Ethics is responsible for the interpretation and implementation of
the Code of Ethics through mediation and for recommendations for further
actions and enforcement by the Township Committee. In addition, the
Board of Ethics shall have the following powers, duties and functions:
(1)
To make, amend and rescind rules governing its organization and proceedings
with the approval of the Township Committee.
(2)
To prescribe forms for the required disclosures and make available
such forms to all township officials and employees.
(3)
To review the financial disclosure statements within 30 days of the filing deadline (see § 10A-8, Disclosure statement sequence) and to report to the Township Committee on any conflicts and irregularities.
(4)
To oversee the collection, preservation and maintenance of the files
of all disclosures required by this chapter and to make such information
available on request for inspection and review by the township officials,
employees and Attorney and members of the public.
(5)
To prepare and submit to the Township Committee an annual report
at the end of each calendar year, summarizing the activities of the
Board of Ethics during that year.
(6)
To conduct investigations, to initiate, receive, hear and review
complaints concerning violations of the Code of Ethics and to keep
official minutes of all proceedings.
(7)
To request and receive from any township body, official or employee
such assistance and information as will enable the Board of Ethics
to properly carry out its functions and duties.
(8)
To render advisory opinions when ethical conduct has been questioned.
Copies of such written opinions shall be delivered to the Township
Committee, Township Attorney and any township body, official or employee
requesting such advisory opinion and shall be made available to members
of the public upon request.
A.
The Board of Ethics is authorized to initiate, receive, hear and
review complaints regarding alleged violations by a township official
or employee of the provisions of this code. The complaint, in writing
and signed by the person making the charge, shall contain a clear
and concise statement of the facts alleged to constitute such violation.
A copy of the complaint shall be served within 10 days on the person
against whom the complaint has been made. Such complaint may come
from a township official, employee or citizen at large.
B.
The Board shall meet to review the complaint within 30 days of receipt.
C.
In the event that the Board shall conclude there seems to be no reasonable
cause to believe there has been a violation of this code, it shall
so notify, in writing, the person against whom the complaint has been
made and the person making the complaint. The Board shall record its
findings in the official minutes of the Board.
D.
In the event that the Board finds reasonable cause to believe there
has been a violation of this code, it shall conduct a hearing within
60 days. Said hearing may be opened or closed as required by law.
At said hearing the complaint will be heard and evidence received.
The alleged violator shall be offered the opportunity to be heard
and present evidence on his/her own behalf.
E.
As soon as practicable after the conclusion of said hearing, but
not later than 30 days, the Board shall render an advisory opinion
to the Township Committee with regard to its findings, with a copy
being sent to both the alleged violator and complainant.
A.
The Township Committee, after reviewing the findings of the Board
of Ethics, may write a letter of caution ordering the violator to
cease and desist, may issue a reprimand or may impose penalties that
include but are not limited to censure, demotion, suspension or dismissal
from office or employment. Any such action shall be upon the concurrence
of the majority of the members voting. When the complaint appears
to be criminal, findings shall be referred to the proper law enforcement
agency.
B.
In the event of a substantiated complaint which is considered emergent
by the Board of Ethics, the Chairperson may request the Mayor to issue
an immediate cease and desist order to remain in effect until the
next regular meeting of the entire Township Committee.
C.
In the event that the alleged violator is a member of the Township
Committee, said member shall absent himself/herself from these deliberations
and shall be ineligible to vote on any decision related to the charge.
D.
Any contract in effect with the township considered to be in violation
of this code may be voided at the discretion of the Township Committee.
A.
Contracts with the Township of Liberty. No township official or employee
shall have a financial interest in any transaction or contract with
the township or in the sale of materials, supplies or services to
or from the township without full disclosure.
B.
Interest in matters coming before the Township of Liberty.
(1)
No township official or employee shall recommend, lobby or vote on
any matter coming before any township agency in which he/she has a
direct or indirect personal, financial or private interest.
(2)
It is required that when a township official must disqualify himself/herself
from participating and voting on a matter due to a conflict of interest,
such official must publicly disclose his/her reasons.
C.
Incompatible employment. No township official or employee shall engage
in employment with or render services for any private person who has
business transactions with any township body unless he shall first
make full disclosure of the nature and extent of such employment or
services. An official shall not vote on matters coming before the
Township Committee or any other board that concerns the individual
or corporation to which he/she is rendering services.
D.
Confidential information. No township official or employee shall
use any confidential information received in an official capacity
to further the interest of himself/herself or any other person, nor
shall be/she disclose to any person, whether or not for monetary gain,
any information not generally made available to the public which he/she
receives in the course of and by reason of official duties.
E.
Gifts and gratuities. No township official or employee shall accept
any gift, favor, service or other thing of value under circumstances
from which it might be reasonably inferred that such gift, favor,
service or other thing of value was given or offered for the purpose
of influencing the discharge of official duties.
F.
Representing private interests. No township official or employee,
without disclosure, shall represent private interests, other than
himself/herself, before the Township Committee or before any other
township public body except the Municipal Court. When a township official
or employee appears before the Township Committee or any other township
public body representing his own private interest, it is recommended
that such official or employee be represented by counsel.
G.
Improper use of official position.
(1)
No township official or employee shall use or attempt to use his
official position to obtain preferential or favored treatment or any
rights, benefits, advantages, privileges or exemptions for himself/herself
or any other person.
(2)
No township official or employee shall request, use or permit the
use of any publicly supported property, vehicle, equipment, material,
labor or service for the personal convenience or private advantage
of himself/herself or any other person.
H.
Representation of the Township of Liberty. No township official or
employee shall represent or speak on behalf of the Township of Liberty
at any convention, meeting, event or program without the approval
of the Township Committee, and a subsequent report shall be given
to the Township Committee.
I.
Fees for speeches and publications. Reasonable fees for speeches
and published works on matters within official duties may be accepted
only after approval by the Township Committee.
J.
Withholding information. No township official or employee may withhold
any pertinent information or evidence that relates to any matter before
a township public body.
The Financial Disclosure Statement[1] is to be filed by all township officials and employees
and shall include but not be limited to the following, in order to
avoid financial or personal conflicts of interest:
A.
A complete statement of the financial interests of the township official
or employee in real estate in the Township of Liberty by tax block
and lot number as well as local address.
B.
A listing of any financial interests of the township official or
employee in any business relationships related to township governance.
C.
A list of the businesses, corporations or firms located in the Township
of Liberty in which the township official or employee is an officer,
director or has a financial interest.
D.
Each individual required to make a financial disclosure as delineated
in this section shall swear to its truth and shall acknowledge that
the disclosure statement shall be treated as a matter of public record.
[1]
Editor's Note: A Financial Disclosure form is on file
at the office of the Township Clerk.
A.
Disclosure statements filed pursuant to the terms and provisions
of this chapter shall be filed annually with the Township Clerk on
or before _____________, except for the first filing, which shall
take place within 30 days of the effective date of this chapter.
B.
Newly elected officials (at their option) and employees shall file
such reports prior to assuming office or employment.
C.
Upon filing, the Board of Ethics will review each disclosure statement
for possible conflicts of interest or other irregularities. The Board
may request an interview to obtain information and explanations from
persons filing said disclosure.
D.
Report.
(1)
The Chairperson of the Board of Ethics shall, within 30 days of the
filing deadline, render a comprehensive report to the Township Committee
concerning compliance with this chapter and shall report any possible
conflicts of interest and irregularities.
E.
All written statements and information provided to the Board of Ethics
by a township official or employee pursuant to this chapter shall
contain the signature of such township official or employee with the
following certification:
"I hereby certify that the statements contained herein, together
with any and all statements previously submitted in writing to the
Board of Ethics, constitute a full disclosure with respect to all
matters required by the Code of Ethics Ordinance of the Township of
Liberty, to the best of my knowledge. I am aware that if any of the
foregoing statements made by me, including this certification, are
willfully false I am subject to a warning to cease and desist, censure,
demotion, suspension or dismissal from office or employment. I am
also aware said disclosure and certification will be a matter of public
record."
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F.
In the event that a township official or employee fails to comply
with the requirements of this section, the Board of Ethics shall return
any statement not in compliance to such township official or employee.
Such township official or employee shall thereafter have 10 days in
which to return such statement with the required certification and
signature.
G.
In the event that any township official or employee fails to comply
with any of the foregoing provisions within the time therein specified,
the Board of Ethics shall notify the Mayor, in writing, of such failure
to comply. The Mayor shall so advise the Township Committee at the
next Township Committee meeting in order that appropriate action may
be taken.
A.
Copies of these financial disclosures shall be collated and filed
under the name of each township official and employee in the office
of the Township Clerk. These files may be inspected by making a prior
written request to the Township Clerk. Said written request shall:
B.
An appointment shall be made allowing access within a reasonable
time. Records may be copied at the expense of the individual requesting
those records. Access shall be made available to those records during
the regular business hours of the Township Clerk's office or
by appointment.
The Township Clerk shall distribute a copy of this chapter to
every official or employee of the Township of Liberty within 30 days
after the effective date of this chapter. Each official or employee
shall thereafter be furnished a copy of this chapter before entering
office or employment.
Any complainant filing charges pursuant to this chapter shall
not be exempt from the libel and slander laws of the State of New
Jersey by reason of his/her filing thereof; nor shall any of said
charges filed by an individual be considered as privileged under the
libel and slander laws of the State of New Jersey.