[HISTORY: Adopted by the Township Committee of the Township
of Morris 12-30-1969 by Ord. No. 33-69; amended in its entirety 11-6-1991 by Ord. No.
35-91 (Ch. 10 of the 1969 Code). Subsequent amendments
noted where applicable.]
A.
The public judges its government by the way public officials and
employees conduct themselves in the posts to which they are elected
or appointed. The people have a right to expect that every public
official and employee will conduct himself or herself in a manner
that will tend to preserve public confidence in and respect for the
government he or she represents. Such confidence and respect can best
be promoted if every public official and employee, whether paid or
unpaid, and whether elected or appointed, will uniformly:
B.
Objectives.
(1)
To help public officials and employees achieve these goals is one
of the objectives of this chapter.
(2)
The other objective is based on the proposition that no person can
serve two masters, nor should one attempt to do so. Therefore, this
chapter proposes to relieve a person of the impossible task of judging
oneself. Instead, this chapter places judgment in the hands of an
impartial Municipal Ethics Board, which will review the facts and
measure them by the yardstick of public morality established by this
chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
The Local Finance Board in the Division of Local Government
Services in the Department of Community Affairs.
Any corporation, partnership, firm, enterprise, franchise,
association, trust, sole proprietorship, union or other legal entity.
The Township Committee of the Township of Morris.
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 nonprofit entity or labor union.
Any agency, board, governing body (including the chief executive
officer), bureau, division, office, commission or other instrumentality
within a county or municipality, and any independent local authority,
including any entity created by more than one county or municipality,
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 on a local government agency
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:
Elected to any office of a local government agency.
Serving on a local government agency which has the authority
to enact ordinances, approve development applications or grant zoning
variances.
Who is a member of an independent municipal, county or regional
authority.
Who is a managerial executive or confidential employee of a
local government agency, as defined in Section 3 of the New Jersey
Employer-Employee Relations Act, P.L. 1941, c. 100 (N.J.S.A. 34:13A-3),
but shall not mean any employee of a school district or member of
a school board.
A local government officer or a local government employee.
The spouse or dependent child of a local government officer
or employee residing in the same household.
The Township of Morris does hereby adopt the following Code
of Ethics for all local government officers and employees:
A.
No local government officer or employee or member of his or her immediate
family shall have an interest in a business organization or engage
in any business, transaction or professional activity which is in
substantial conflict with the proper discharge of his or her duties
in the public interest.
B.
Independent authorities; business organizations.
(1)
No independent local authority shall, for a period of one year next
subsequent to the termination of office of a member of that authority:
(a)
Award any contract which is not publicly bid to a former member
of that authority.
(b)
Allow a former member of that authority to represent, appear
for or negotiate on behalf of any other party before that authority.
(c)
Employ for compensation, except pursuant to open competitive
examination in accordance with Title 11A of the New Jersey Statutes
and the rules and regulations promulgated pursuant thereto, any former
member of that authority.
(2)
The restrictions contained in this subsection shall also apply to
any business organization in which the former authority member holds
an interest.
C.
No local government officer or employee shall use or attempt to use
his official position to secure unwarranted privileges or advantages
for himself or others.
D.
No local government officer or employee shall act in an official
capacity in any matter where he or she, a member of the immediate
family or a business organization in which he or she has an interest
has a direct or indirect financial or personal involvement that might
reasonably be expected to impair objectivity or independence of judgment.
E.
No local government officer or employee shall undertake any employment
or service, whether compensated or not, which might reasonably be
expected to prejudice his or her independence of judgment in the exercise
of his or her official duties.
F.
No local government officer or employee, member of the immediate
family or business organization in which he or she has an interest
shall solicit or accept any gift, favor, loan, political contribution,
service, promise of future employment or other thing of value based
upon an understanding that the gift, favor, loan, contribution, service,
promise or other thing of value was given or offered for the purpose
of influencing him or her directly or indirectly in the discharge
of official duties. This provision shall not apply to the solicitation
or acceptance of contributions to the campaign of an announced candidate
for elective public office if the local government officer has no
knowledge or reason to believe that the campaign contribution, if
accepted, was given with the intent to influence the local government
officer in the discharge of his or her official duties.
G.
No local government officer or employee shall use, or allow to be
used, his or her public office or employment or any information not
generally available to the members of the public which he or she receives
or acquires in the course of and by reason of office or employment
for the purpose of securing financial gain for himself or herself,
any member of his or her immediate family or any business organization
with which he or she is associated.
H.
No local government officer or employee or business organization
in which he or she has an interest shall represent any person or party,
other than the local government, in connection with any cause, proceeding,
application or other matter pending before any agency in the local
government in which he or she serves. This provision shall not be
deemed to prohibit one local government employee from representing
another local government employee where the local government agency
is the employer and the representation is within the context of official
labor union or similar representational responsibilities.
I.
No local government officer shall be deemed in conflict with these
provisions if, by reason of his or her participation in the enactment
of any ordinance, resolution or other matter required to be voted
upon or which is subject to executive approval or veto, no material
or monetary gain accrues to him or her as a member of any business,
profession, occupation or group to any greater extent than any gain
could reasonably be expected to accrue to any other member of such
business, profession, occupation or group.
J.
No elected local government officer shall be prohibited from making
an inquiry for information on behalf of a constituent if no fee, reward
or other thing of value is promised to, given to or accepted by the
officer or a member of the immediate family, whether directly or indirectly,
in return therefor.
K.
Nothing shall prohibit any local government officer or employee or
members of the immediate family from representing himself, herself
or themselves in negotiations or proceedings concerning his, her or
their own interests.
On or before April 30 of each year, the local government officer
shall annually file a financial disclosure statement on the form prescribed
by the Local Finance Board in the Division of Local Government Services
in the Department of Community Affairs. The original of such form
shall be filed with the Morris Township Clerk and a copy forwarded
to the Local Finance Board, with an additional copy retained by the
Municipal Ethics Board. All financial disclosure statements filed
shall be public records.
A.
Organization.
(1)
There is hereby created and established a Board of Ethics consisting
of six persons who shall hold no other office or employment under
the municipality. No more than three members of the Ethics Board shall
be of the same political party. At least one of said members shall
be an attorney at law of the State of New Jersey. All members shall
be residents of the Township of Morris.
(2)
The members shall be appointed by the Mayor of the Township of Morris
subject to confirmation by a majority of the whole number of the governing
body. They shall serve for terms of five years; provided, however,
that as to those first appointed hereunder, two shall have terms expiring
in five years, one shall have a term expiring in four years and three
shall be appointed for terms of three years. Vacancies shall be filled
for unexpired terms. The governing body shall provide the Ethics Board
with offices for the conduct of its business, preservation of its
records and equipment and supplies as necessary. The members shall
serve without compensation; however, all necessary expenses incurred
by the Ethics Board and its members shall be paid, upon certification
of the Chairperson, by the Municipal Treasurer.
(3)
The members shall elect a Chairperson annually. The Board shall adopt
rules for the conduct of the Board's business. The Board shall
have the power to employ independent legal counsel, stenographic and
clerical help.
B.
Powers. The Municipal Ethics Board shall have the following powers:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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 chapter.
(6)
To adopt rules and regulations and to do other things as are necessary
to implement the purposes of this chapter.
C.
Hearings. 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 Section 12 of P.L. 1991, Chapter 29,[1] 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.
[1]
Editor's Note: See N.J.S.A. 40A:9-22.12.
D.
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 P.L. 1991, Chapter 29.[2] A final decision of the Ethics Board may be appealed to
the Finance Board within 30 days of the decision.
[2]
Editor's Note: See N.J.S.A. 40A:9-22.1 et seq.
E.
All statements, complaints, requests or other written materials filed
pursuant to this chapter and any rulings, opinions, judgments, transcripts
or other official papers prepared pursuant to this chapter shall be
preserved for a period of at least five years from the date of filing
or preparation, as the case may be.
