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.
As used in this chapter, the following terms shall have the
meanings indicated:
BUSINESS ORGANIZATION
Any corporation, partnership, firm, enterprise, franchise,
association, trust, sole proprietorship, union or other legal entity.
INTEREST
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.
LOCAL GOVERNMENT AGENCY
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.
LOCAL GOVERNMENT EMPLOYEE
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.
LOCAL GOVERNMENT OFFICER
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.
LOCAL GOVERNMENT OFFICER AND EMPLOYEE
A local government officer or local government employee of
the Town of Phillipsburg, including, but not limited to, one of the
following:
A.
Mayor or Member of the Council;
E.
Treasurer/Chief Financial Officer;
G.
Director, Recreation Commission;
N.
Town planning consultant;
R.
Municipal Public Defender;
U.
Board of Adjustment member;
V.
Board of Adjustment attorney;
W.
Director of Public Works;
X.
Construction Code Official;
Z.
Director of Social Services;
BB.
Trustee of the Phillipsburg Free Public Library;
CC.
Director of the Phillipsburg Free Public Library;
DD.
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.
MEMBER OF IMMEDIATE FAMILY
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.
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.
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.
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.