The governing body of this Township 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 public officer or employee, that confidence
is imperiled.
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.
[Amended 10-31-2017 by Ord. No. 23-2017]
A. It is the purpose of this article to provide a method of assuring
that standards of ethical conduct and financial disclosure requirements
for officers and employees of the Township of Mount Olive shall be
clear, consistent, uniform in their application and enforceable and
to provide those officers and employees with advice and information
concerning possible conflicts of interests which 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.
C. This article is enacted under the authority of the Local Government
Ethics Law and under the further authority granted to the Township
under the provisions of Titles 40 and 40A of the New Jersey Statutes
Annotated, or any amendments or supplements thereto.
D. If at any time any provision of this article conflict with the laws
of the State of New Jersey, New Jersey State law controls.
[Amended 10-31-2017 by Ord. No. 23-2017]
As used in this chapter, the following terms shall have the
meanings indicated:
ACT
The Local Government Ethics Law (P.L. 1991, c. 29), or any
amendments or supplements thereto.
BOARD
The Mount Olive Township Ethical Standards Board, which is
created by this chapter pursuant to the provisions of the Act.
BUSINESS ORGANIZATION
Any corporation, partnership, firm, enterprise, franchise,
association, trust, sole proprietorship, union or other legal entity.
INTEREST
The ownership or control of 10% or more 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.
LOCAL GOVERNMENT AGENCY
As incorporated by reference from N.J.S.A. 40A:9-22.3, 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.
LOCAL GOVERNMENT EMPLOYEE
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.
LOCAL GOVERNMENT OFFICER
A.
As incorporated by reference from N.J.S.A. 40A:9-22.3.g, any
person, whether compensated or not, whether part-time or full-time:
(1) elected to any office of a local government agency; (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, county or regional authority;
or (4) who is a managerial executive employee of a local government
agency, as defined in rules and regulations adopted by the Director
of the Division of Local Government Services in the Department of
Community Affairs pursuant to the Administrative Procedure Act, P.L.
1968, c. 410 (N.J.S.A. 52:14B-1 et seq.), but shall not mean any employee
of a school district or member of a school board.
B.
More specifically, and subject to any amendment or supplement
to the Local Government Ethics Law, N.J.S.A. 40A:9-22.1 et seq., and
to any regulation promulgated thereunder, a local government officer
includes the following titles or responsibilities equivalent to such
titles:
(2)
Members of the Township Council;
(3)
Member of Township Planning Board;
(4)
Members of Township Zoning Board of Adjustment;
(5)
Members of the Township Board of Health;
(7)
Assistant Township Administrator;
(8)
Township Chief Financial Officer;
(11)
Township Department heads and deputy/assistant Department heads,
including the Superintendent of Public Works;
(12)
Township Chief or Acting Chief of Police, or Officer in Charge
in lieu of a Chief or Acting Chief title;
(13)
Township Deputy Chiefs and Assistant Chiefs of Police;
(17)
Township Planning Board Attorney;
(18)
Township Zoning Board of Adjustment Attorney;
(19)
Township Emergency Management Coordinators;
(20)
Trustees on the Township Public Library Board of Trustees;
(22)
Members of Township Ethical Standards Board;
(24)
Township Qualified Purchasing Agent;
(25)
Township Construction Official; and
MEMBER OF IMMEDIATE FAMILY
The spouse or dependent child of a local government officer
or employee residing in the same household.
TOWNSHIP
The Township of Mount Olive, in the County of Morris and
State of New Jersey.
Officers and employees of the Township shall comply with the
ethics provisions in effect under the State Enabling Act until a local
set of ethics provisions are adopted by resolution of the Local Ethics
Board which shall have 90 days to enact same after its appointment
in accordance with the Act.
[Amended 10-31-2017 by Ord. No. 23-2017]
A. Local government officers shall annually file a financial disclosure
statement. All financial disclosure statements filed pursuant to P.L.
1991, c. 29, 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 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 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
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 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 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 immediate
family held an interest during the preceding calendar year.
B. The Local Finance Board shall prescribe a financial disclosure statement
form for filing purposes. For counties and municipalities which have
established ethics boards, the Local Finance Board shall transmit
sufficient copies of the forms to the ethics boards for filing in
accordance with this act. The Township Ethical Standards Board shall
make the forms available to the local government officers within its
jurisdiction.
C. Local government officers shall file the financial disclosure statement
online at www.fds.nj.gov on or before April 30 each year, except that
each local government officer shall file a financial disclosure statement
within 30 days of taking office. Local government officials shall
additionally file a copy of the financial disclosure form with the
Township Ethical Standards Board. This mandatory online filing shall
satisfy the filing requirements of N.J.S.A. 40A:9-22.6.
D. All financial disclosure statements filed shall be public records.
E. By accepting employment with the Township of Mount Olive, all employees who are required under this section and under the statute giving rise to this section to file these financial disclosure statements understand and agree that the filing of said forms is a continuing condition to their employment. Although they may be hired before the forms are filed, they must comply with §
15-67C above in order to maintain their employment. Any employee who fails to meet the filing requirements of this section shall be deemed to have violated the provisions of this section and shall be given one month to cure said violation; if the violation is not cured within that timeframe, the violation shall constitute cause for that employee's forfeiture of his or her employment and consequent removal from employment. Filing of the form following notice of forfeiture shall not be a defense to dismissal.
F. Any official or officer appointed to any board, body, agency or other
appointment (professional or otherwise) who is required by the terms
of this section to file a financial disclosure statement understands
and agrees that his or her appointment to said board, body, commission
or employment is conditioned upon his or her continued compliance
with the requirements of this section. Failure to file the financial
disclosure statements within the time set forth above shall constitute
cause for that appointee's forfeiture of his/her position and
consequent removal of said individual from his/her employment/appointment.
Filing of the forms following notice of forfeiture shall not be a
defense to removal.
[Added 7-8-2003 by Ord. No. 25-2003]
No person who is a candidate for political office nor any person
holding a political office shall be appointed to the Township's
Ethical Standards Board, and any person who has already been appointed
as a member of the Township's Ethical Standards Board who becomes
a candidate and/or who holds political office shall vacate that position
in order to achieve the public policy set forth above.
Within 90 days after the appointment of the Ethical Standards
Board, the Board shall promulgate, by resolution, a Code of Ethics
for all officers and employees serving the Township. Officers and
employees serving an independent authority of the Township shall be
deemed to be serving the Township for purposes of this section. In
the event that the Ethical Standards Board shall not adopt standards
by resolution, the standards in effect under the State Enabling Act
shall apply.
The Board shall have the following powers:
A. To initiate, receive, hear and review complaints and hold hearings
with regard to possible violations of the Township's Code of
Ethics or financial disclosure requirements by officers or employees
serving the Township.
B. To issue subpoenas for the production of documents and the attendance
of witness with respect to its investigation of any complaint or to
holding of a hearing.
C. To forward to the County Prosecutor or the Attorney General of New
Jersey or other governmental body any information concerning violations
of the Code of Ethics or financial disclosure requirements by officers
or employees serving the Township which may warrant the institution
of legal proceedings by the Attorney General.
D. To render advisory opinions to local officers or employees serving
the Township as to whether a given set of facts and circumstances
constitutes a violation of any provision of the Code of Ethics or
financial disclosure requirement.
E. To enforce the provisions of the Code of Ethics and financial disclosure
requirements with regard to officers and employees serving the Township
and to impose penalties for the violation thereof as are authorized
by this chapter.
F. To adopt rules and regulations as may be necessary to implement the
purposes of this chapter.
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 said chapter shall be preserved for a period of five years from the date of filing or preparation, as the case may be. Public disclosure of these various documents or materials shall be made only upon application to and approval by the Board, which shall apply the provisions of the Right to Know Act (N.J.S.A. 47:1A-1 et seq. or any amendments or supplements thereto) and Chapter
164, Article
III, Open Public Records Fees, and said documents or materials shall be deemed confidential and not subject to public inspection and/or reproduction if, in the opinion of the Board, disclosure of the same would subject said officer or employee to unnecessary and inappropriate scrutiny or lead to embarrassment or if the person's right of privacy outweighs the public's right to know.