Township of Edison, NJ
Middlesex County
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Table of Contents
Table of Contents
[1999 Code § 2.04.030]
a. 
Findings. In order to maintain public confidence in the operation of local government at the highest possible level and to avoid even the appearance of impropriety, certain restrictions should be placed upon former elected officers and critical employees of the Township to govern their dealings with the Township in areas where they may have had knowledge of or access to information not generally available to the public.
b. 
Definitions. For the purpose of this section, critical employee means any employee of the Township who holds the position of director of a department or supervisor of a division or who is licensed by the State of New Jersey to perform the services performed for the Township.
c. 
Restricted Activities. No elected official or critical employee or former elected official or former critical employee of the Township shall, for a period of one (1) year next subsequent to termination of office or employment with the Township:
1. 
Appear for or negotiate on behalf of any other party before any board, agency, body or department of the Township;
2. 
Provide any merchandise, materials or service to any board, agency, body or department of the township except under a contract publicly bid according to the Local Public Contracts Law; or
3. 
Be employed for compensation by the Township, except pursuant to open competitive examination except that this provision shall not apply to any member of a recognized bargaining unit who is rehired according to terms of an existing labor agreement.
d. 
Applicability. This section shall not apply to members of a Township board or commission who serve the Township without compensation, except that no such person shall represent or appear on behalf of any person or entity before the board or commission on which he or she served, for a period of one (1) year after termination of service thereon.
[1999 Code § 2.04.040]
a. 
All officers of the Township who are required to file a financial disclosure statement in accordance with subsection 4-2.6 of this chapter shall be required to file in accordance with the provisions of this subsection, under oath, within thirty (30) days of their taking office, a statement listing the names of all members of their immediate family employed on a full-time or part-time basis, by the following governmental entities:
1. 
The State of New Jersey;
2. 
Any County in the State of New Jersey;
3. 
The Township of Edison;
4. 
Edison Board of Education.
b. 
Members of the immediate family, as used in this subsection, shall mean the spouse, parent, grandparent, brother, sister, stepparent, stepbrother, stepsister or child of the Township officer.
c. 
The disclosure statement required under this subsection shall be filed annually with the Township Clerk, but no later than the thirtieth of April.
d. 
Penalty. Failure to file a disclosure statement in accordance with the terms of this subsection within thirty (30) days of taking office or within thirty (30) days of the date upon which the annual statement must be filed, or any willful and knowing misrepresentation or concealment of the required and relevant information, if made with the intent to conceal or misrepresent the information required to be disclosed under this subsection, shall result in a fine of not more than five hundred ($500.00) dollars
e. 
The Township Clerk shall have the exclusive authority to institute and file a complaint in the Municipal Court of Edison against any person found violating any provision of this subsection.
[1999 Code § 2.04.050]
a. 
Whenever the Mayor or any member of the Municipal Council shall be required by State law to file with the Election Law Enforcement Commission (ELEC) a report of contributions received by them or on their behalf, a copy of the report shall simultaneously be filed with the Township Clerk.
b. 
Any reports required to be filed in accordance with this subsection shall be kept by the clerk and made available for public inspection.
c. 
Penalty. Failure to file a copy of any report in accordance with the terms of this subsection within thirty (30) days of its filing with the ELEC shall result in a fine of not more than five hundred ($500.00) dollars; and
d. 
The Township Clerk shall have the exclusive authority to institute and file a complaint in the Municipal Court of the Township against any person found violating any provision of this subsection.
[1999 Code § 2.80.010]
This section shall be known and may be cited as the "Edison Township Code of Ethics."
[1999 Code § 2.80.020]
The Township Council finds and declares that:
a. 
Public office and employment are a public trust;
b. 
The vitality and stability of representative democracy depend on 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.
[1999 Code § 2.80.030]
a. 
It is the purpose of this section to provide a method of assuring that standards of ethical conduct and financial disclosure requirements for officers and employees of the Township shall be clear, consistent, uniform in their application, enforceable, and to provide those officers or employees with advice and information concerning possible conflicts of interest which might arise in the conduct of their public duties.
b. 
It is the further purpose of this section to implement the provisions of the Local Government Ethics Law, P.L. 1991 c. 29, N.J.S.A. 40A:9-22.1 et seq.
c. 
This section is enacted under the authority of the Local Government Ethics Law, N.J.S.A. 40A:9-22.1 et seq., and under further authority granted to the Township under the provisions of Title 40 and 40A of the New Jersey Statutes.
[1999 Code § 2.80.040]
As used in this section:
AGENCY
Means any agency, board, Governing Body, Mayor, office, commission or other instrumentality within the Township, and any independent local authority created by or appointed under the authority of the Township, which performs functions other than of a purely advisory nature.
BUSINESS ORGANIZATION
Means any corporation, partnership, firm, enterprise, franchise, association, trust, sole proprietorship, union or other legal entity.
EMPLOYEE
Means any person, whether compensated or not, whether part-time or full-time, employed by or serving on a Township agency who is not a local government officer.
INTEREST
Means the ownership or control of more than ten (10%) percent 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.
MEMBER OF IMMEDIATE FAMILY
Means the spouse or dependent child of an officer or employee residing in the same household.
OFFICER
Means any person, whether compensated or not, whether part-time or full-time, who:
a. 
Serves on a local government agency which has the authority to approve development applications or grant zoning variances;
b. 
Is a member of an independent municipal authority; or
c. 
Is a managerial, executive or confidential employee of the Township, as defined in N.J.S.A. 34:13A-3.
[1999 Code § 2.80.050]
The provisions of this section shall apply to all employees, elected officials and appointed officials of the Township.
[1999 Code § 2.80.060]
a. 
All officers of the Township, as defined in subsection 4-2.4, shall annually file a financial disclosure statement. A list of all such officers by title shall be prepared by the Business Administrator and adopted annually by resolution of the Council no later than its second meeting of the year. All financial disclosure statements shall include the following information which shall specify, where applicable, the name and address of each source and the officer's job title:
1. 
Each source of income, earned or unearned, exceeding two thousand ($2,000.00) dollars received by the officer or a member of his or her 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 unless the local government officer or member of his or her immediate family has an interest in the business organization;
2. 
Each source of fees and honorariums having an aggregate amount exceeding two hundred fifty ($250.00) dollars from any single source for personal appearances, speeches or writings received by the local government officer or a member of his or her immediate family during the preceding calendar year;
3. 
Each source of gifts, reimbursements or prepaid expenses having an aggregate value exceeding four hundred ($400.00) dollars from any single source, excluding relatives, received by the local government officer or a member of his or her 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 or her immediate family held 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 or her immediate family held an interest during the preceding calendar year.
b. 
The Township Ethics Board shall prescribe a financial disclosure statement form for filing purposes. If a financial disclosure statement form has been promulgated by the New Jersey Local Finance Board, in accordance with the New Jersey Local Government Ethics Law, then that form shall be used. The Ethics Board shall make the forms available to the officers and employees required to file a financial disclosure statement.
c. 
The original statement shall be filed with the Township Clerk within ninety (90) days after the effective date of this section or the effective date of the New Jersey Local Government Ethics Law, whichever shall first occur. All subsequent statements shall be filed on or before April 30th of each year. A copy of the statement shall be filed with the Edison Township Ethics Board.
d. 
All financial disclosure statements filed shall be public records.
[1999 Code § 2.80.070]
a. 
There shall be established the Edison Township Ethics Board consisting of six (6) members who shall be residents of the Township. The members of the Board shall be appointed by the Township Council. The members shall be chosen by virtue of their known and consistent reputation for integrity and their knowledge of local government affairs. No more than three (3) members of the board shall be of the same political party. No one may be appointed a member if he or she has been a county committee person during a twenty (20) month period prior to appointment.
b. 
The members of the Edison Township Ethics Board shall annually elect a chairperson from among the membership.
c. 
The members shall serve for a term of five (5) years; except that of the members initially appointed, two (2) of the public members shall be appointed to serve for a term of five (5) years, one (1) member shall be appointed to serve for a term of four (4) years, and the remaining members shall be appointed to serve for a term of three (3) years. Each member shall serve until his or her successor has been appointed and qualified. Any vacancy occurring in the membership of the Board shall be filled in the same manner as the original appointment for the unexpired term.
d. 
Members of the Board shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties under this section.
e. 
All hearings required pursuant to this section 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 Procedures Act, N.J.S.A. 52-14B-1 et seq.
f. 
In the event a hearing is to be held, the officer or employee charged with violation of this section shall be accorded due process of law, including but not limited to the following:
1. 
Right to counsel;
2. 
Right to pre-hearing discovery;
3. 
Right to take sworn oral and written testimony from any person;
4. 
Reasonable notice of hearing;
5. 
Right to subpoena persons and documents;
6. 
Right to make stenographic record of the hearing;
7. 
Right of examination and cross-examination.
[1999 Code § 2.80.080; New]
Officers and employees serving a Township independent authority shall be deemed to be serving the Township for purposes of this section. The Edison Township Ethics Board shall adopt a code of ethics, the provisions set forth in N.J.S.A. 40A:9-22.1 et seq., shall serve as the code of ethics.
[1999 Code § 2.80.090]
The Edison Township Ethics Board shall have the following powers:
a. 
To initiate, receive, hear and review complaints and hold hearings with regard to possible violations of municipal code of ethics or financial disclosure requirements by local government officers or employees serving the Township;
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 code of ethics or financial disclosure requirements by officers or employees serving the Township 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 officers or employees serving the Township as to whether a given set of facts and circumstances would constitute a violation of any provision of the code of ethics or financial disclosure requirements;
e. 
To enforce the provisions of the code of ethics and financial disclosure requirements with regard to officers or employees serving the Township and to impose penalties for the violation thereof as are authorized by this section; and
f. 
To adopt rules and regulations and to do other things as are necessary to implement the purposes of this section.
[1999 Code § 2.80.100]
a. 
An officer or employee of the Township may request and obtain from the Edison Township Ethics Board an advisory opinion as to whether any proposed activity or conduct would in its opinion constitute a violation of the code of ethics or any financial disclosure requirements.
b. 
Advisory opinions shall not be made public, except when the Board by the vote of two-thirds (2/3) of all of its members directs that the opinion be made public.
c. 
Public advisory opinions shall not disclose the name of the officer or employee requesting the opinion unless the Board in directing that the opinion be made public so determines.
[1999 Code § 2.80.110]
a. 
The Edison Township Ethics Board, upon receipt of a signed written complaint by any person alleging that the conduct of any officer or employee of the Township serving the Township is in conflict with the code of ethics or financial disclosure requirements, shall acknowledge receipt of the complaint within thirty (30) days of receipt and initiate an investigation concerning the facts and circumstances set forth in the complaint.
b. 
The Board shall make a determination as to whether the complaint is within its jurisdiction or frivolous or without any reasonable factual basis.
c. 
If the 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 officer or employee of the Township against whom the complaint was filed.
d. 
If the Board shall conclude that the complaint is within its jurisdiction and has at least a minimal factual basis, the Board shall notify the officer or employee of the Township against whom the complaint was filed of the nature of the complaint and the facts and circumstances set forth therein.
e. 
The officer or employee shall have the opportunity to present the Board with any statement or information concerning the complaint which he or she wishes.
f. 
Thereafter, if the Board determines that a reasonable doubt exists as to whether the officer or employee of the Township is in compliance with the municipal code of ethics or any financial disclosure requirements, the Board shall conduct a hearing concerning the possible violation and any other facts and circumstances which may have come to the attention of the Board with respect to the conduct of the officer or employee.
g. 
The Board shall render a decision as to whether the conduct of the officer or employee is in conflict with the code of ethics or any financial disclosure requirements. This decision shall be made by no less than two-thirds (2/3) of all members of the Board. The Board shall notify in writing the complainant and the officer or employee within thirty (30) days of its decision.
h. 
If the 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 limits of this section.
[1999 Code § 2.80.120]
a. 
The Mayor shall provide the Township Ethics Board with the facilities needed for the conduct of its business and the preservation of its records, and shall supply equipment and supplies as may be necessary and as may be provided for in the annual municipal budget.
b. 
All necessary expenses incurred by the Township Ethics Board and its members shall be paid, upon certification of the chairperson of the Board, by the Township Director of Finance within the limits of funds appropriated in the annual budget or by emergency appropriations for those purposes.
c. 
The Township Ethics Board may request and receive assistance from Township officers and employees, including the Township Clerk and the Township Attorney and may appoint employees, including independent counsel, and clerical staff as are necessary to carry out the provisions of this section within the limits of funds appropriated by the Township Council for those purposes in the annual budget.
[1999 Code § 2.80.130]
All statements, complaints, requests or other written materials filed pursuant to this section, and any rulings, opinions, judgments, transcripts, or other official papers prepared pursuant to this section shall be preserved for a period of five (5) years from the date of filing or preparation, as the case may be.
[1999 Code § 2.80.140]
a. 
An appointed officer or employee of the Township found guilty by the Edison Township Ethics Board of the violation of any provision of this section or any code of ethics in effect pursuant to this section, shall be fined not less than one hundred ($100.00) dollars nor more than five hundred ($500.00) dollars, which penalty may be collected in a summary proceeding pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-10 et seq. The Edison Township Ethics Board shall report its findings to the office or agency having the power of removal or discipline of the appointed officer or employer and may recommend that further disciplinary action be taken.
b. 
An officer or employee of the Township found guilty by the Edison Township Ethics Board of the violation of any provision of this section or of any code of ethics in effect pursuant to this section, shall be fined not less than one hundred ($100.00) dollars nor more than five hundred ($500.00) dollars, which penalty may be collected in a summary proceeding pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-10 et seq.).
c. 
The finding by the Edison Township Ethics Board that an appointed officer or employee of the Township is guilty of the violation of the provisions of this section, or of any code of ethics in effect pursuant to this section, shall be sufficient cause for his or her removal, suspension, demotion or other disciplinary action by the officer or agency having the power of removal or discipline.
[1999 Code § 2.92.010]
The purpose of this plan is to ensure the fair and equal treatment of all residents and employees of the Township. This plan shall apply to all employees within the municipal government of the Township. The Business Administrator or his or her designee shall act as the affirmative action officer and shall supervise the operation of this plan. Through the Business Administrator, all department heads and supervisors shall be responsible for the plan's implementation.
[1999 Code § 2.92.020]
The Mayor, with the advice and consent of Council, may appoint a committee, with no more than five (5) members, to assist and advise the administration and affirmative action officer in the establishment and implementation of the community outreach policies provided for in subsection 4-3.5. One (1) member of this committee shall be a member of the Municipal Council appointed by the Council President.
[1999 Code § 2.92.030]
The Department of Administration shall monitor all hiring and training practices in the Township. The Business Administrator may designate such other Township officer or employee to implement any part of this plan he or she deems appropriate. The Department of Administration shall perform the following duties:
a. 
Advise and counsel all employees upon request. All discussions are to remain strictly confidential;
b. 
Maintain a skills bank to identify those employees who may qualify for promotion;
c. 
Review the employee grievance procedure and, when necessary, recommend improvement therein;
d. 
Review all promotional procedures and requirements to eliminate all discriminatory practices over which the Township has control;
e. 
Ensure that all fringe benefits continue to be made available on a non-discriminatory basis;
f. 
Review all transfer applications to ascertain whether discrimination factors were involved in such transfers;
g. 
Interview all Township employees who shall leave Township employment to ascertain whether discrimination was a factor in the termination of such employment;
h. 
Make an annual review to determine if any pattern of discrimination exists;
i. 
Conduct seminars to ensure that all department heads and supervisors have knowledge of the plan and are aware of their responsibilities under the equal opportunity laws;
j. 
Review selection procedures to eliminate non-job related factors over which the Township has control;
k. 
Promote the use of minority contractors in the contract procurement and purchase policies of the Township.
[1999 Code § 2.92.040]
The statement of policy and of this plan shall be distributed to all employees. It shall appear in the employee handbook and all other appropriate publications. It shall be distributed at new employee orientation programs, be made available to all Township employee representatives and be posted in all areas where applications are received. The statement of the plan shall be distributed to all Township departments and divisions.
[1999 Code § 2.92.050]
A recruitment program shall be designed to effectuate this plan. The program shall include recruitment and outreach policies designed to attract those segments of the population represented heretofore. The recruitment procedures shall include, but not be limited to, the following:
a. 
Open posting of all employment opportunities on bulletin boards within the municipal government agencies;
b. 
Appropriate public communications, including speaking before any interested groups to provide information on existing employment opportunities;
c. 
Establishing a continuous line of communication with minority and women's organizations as employment recruiters;
d. 
Utilizing, where possible, minority and women's organizations as employment recruiters;
e. 
Advertising employment opportunities in local newspapers and publications directed toward specific minority groups;
f. 
Inclusion of the statement of "Equal Opportunity Employer" in all newspaper advertisements and notices of employment.
[1999 Code § 2.92.060; Ord. No. O.1793-2012 § 1]
a. 
All persons desirous of employment with the Township shall be given the opportunity to submit applications. After completion of such applications, all applicants may discuss with the affirmative action officer or his or her designee, the availability of present and future employment.
b. 
All applications shall remain active for the period of one year (1) and for six (6) months thereafter upon the request of the applicant. All applicants shall be notified by the Division of Personnel when their applications are under present consideration, and the disposition of same.
c. 
Background Checks. Any applicant for employment with the Township prior to being hired shall be required to submit to the following, pursuant to N.J.S.A. 40:48-1.4:
1. 
A criminal background check; and
2. 
A fingerprint check in accordance with applicable State and Federal laws, rules and regulations.
(a) 
The Business Administrator, or his designee, shall be authorized to exchange fingerprint data with and receive criminal history information from the State Bureau of Identification (SBI) in the Division of State Police and the Federal Bureau of Investigation.
(b) 
In order to obtain criminal history record information under this subsection, the Business Administrator, or his designee, shall submit fingerprint data and the applicable fee to the State Bureau of Identification. The SBI shall receive all criminal history record information from the Federal Bureau of Identification and shall disseminate that information to the Business Administrator or his designee.
3. 
No person shall be hired by the Township of Edison without successfully completing a background check in accordance with this subsection.
d. 
Drug and Alcohol Test. Any applicant for employment with the Township prior to being hired shall be subject to a pre-employment testing in accordance with the provisions of the Township Drug and Alcohol Policy. No person shall be hired by the Township of Edison without passing the pre-employment drug and alcohol test.
e. 
Credit Check. Any applicant for employment with the Township prior to being hired shall be required to submit to a credit check, if the position the person will be obtaining is in the Finance Department, the Tax Collector's office and/or involves the handling of cash, checks or money of any kind or involves access to or control over any of the Township's bank accounts.
[1999 Code § 2.92.070]
The Township shall make every reasonable effort to make training and educational experience, which are necessary for promotion to higher level positions, available to all interested and qualified employees. The affirmative action officer shall review the effectiveness of training and education experience and the evaluation of all promotion requirements to eliminate wherever possible all restrictions on age, sex, physical characteristics and experience, unless job related, and conducting of workshops in human relations.
[1999 Code § 2.92.080]
a. 
Any employee who believes that he or she has been the subject of discrimination for any reason whatsoever may present a grievance in the manner prescribed in the Township's code or in accordance with the applicable collective bargaining agreement.
b. 
If this procedure is complied with and an employee's grievance is still unresolved, the employee may notify the State of New Jersey Division of Civil Rights at the following locations:
1100 Raymond Boulevard
436 State Street
Newark, New Jersey 07102
Trenton, New Jersey 08609
(201) 648-2700
(609) 292-4605
c. 
The procedures outlined are available to employees on a voluntary basis. A claim of discrimination may be filed with the State of New Jersey, Division of Civil Rights, at any time.
[1999 Code § 2.92.090]
Any agreement hereinafter entered into between the Township and Township employees shall contain an affirmative representation that the provisions of the contract do not violate the provisions of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunities Act of 1972, and the New Jersey Law Against Discrimination as set forth in N.J.S.A. 10:5-1 et seq.
[1999 Code § 2.92.100]
a. 
Communication of the Plan. A copy of this plan shall be tendered to all employees of the Township, employees' representatives, department heads and other interested parties by the Department of Administration.
b. 
Review of Employment Procedures. The affirmative action officer and each department shall review any employment structure of their department to eliminate any vestiges of discrimination. The first of these reviews shall be made within ninety (90) days of the adoption of the plan and then annually thereafter.
c. 
Ensuring Equal Consideration of All Qualified Applicants. The affirmative action officer and Division of Personnel shall review all interviewing and recruiting procedures to ensure that all provisions outlined herein shall be strictly complied with and that all employment advertisements contain the statement "Equal Opportunity Employer." To this end, a form shall be developed by the affirmative action officer which shall be completed when any application is received, but employment not offered at that time. Copies of this form shall be kept on file in the Division of Personnel.
d. 
Maintaining Discrimination-Free Selection, Appointment and Procedures. All procedures outlined herein shall be strictly complied with and, in addition, all new employees not previously interviewed by the Division of Personnel shall be interviewed.
e. 
Offering of Training and Educational Programs on a Nondiscriminatory Basis. In addition to compliance with all procedures outlined herein, the affirmative action officer shall conduct workshops and seminars for supervisory personnel to familiarize them with all phases of the plan. The seminars and workshops shall also be made available whenever possible for all interested employees.
f. 
Utilization of the Department of Administration. The Department of Administration shall have an expanded role in the employment process. It shall counsel and interview all employees on the commencement, transfer and termination of their employment, review all aspects of fringe benefits and create a job skills bank. The skills bank shall commence to function no later than ninety (90) days after the adoption of the plan.
[Ord. No. O.1691-2009 § 1]
Pursuant to N.J.S.A. 43-15C-2, the following positions are deemed to be eligible for and shall participate in the DCRP:
a. 
Business Administrator
b. 
Township Council Members
c. 
Director of Finance
d. 
Director of Recreation
e. 
Director of Planning and Engineering
f. 
Director of Health and Human Services
g. 
Director of Public Works
h. 
Director of Law
i. 
Municipal Prosecutors
j. 
Municipal Judges
[Ord. No. O.1691-2009 § 1]
Individuals that are otherwise required to join the DCRP are excused from membership if that individual:
a. 
Is a Public Employees Retirement System ("PERS") member prior to July 1, 2007 and continuously thereafter. "Continuously" means that a period of no more than two (2) years has elapsed from the time the individual left employment in a PERS position to the time the person was unemployed; or
b. 
Is eligible for membership or enrolled in another pension program; or
c. 
Is retired and receiving benefits from another State pension plan; or
d. 
Is otherwise ineligible to join PERS; or
e. 
Receives a salary which is less than one thousand five hundred ($1,500.00) dollars per fiscal year.
[Ord. No. O.1691-2009 § 1]
Individuals holding a professional license or certificate to perform services in any of the following positions are exempt from DCRP membership, pursuant to N.J.S.A. 43:15C-2, and are qualified to join or remain in the PERS:
a. 
Certified Health Officers
b. 
Tax Collector
c. 
Court Administrator
d. 
Chief Financial Officer
e. 
Construction Code Official
f. 
Qualified Purchasing Agent
g. 
Tax Assessor
h. 
Municipal Planner
i. 
Registered Municipal Clerk
j. 
Licensed Uniform Subcode Inspector
k. 
Certified Public Works Manager (also known as Principal Public Works Manager)
[Ord. No. O.1691-2009 § 1]
If an individual is appointed to one of the positions listed in subsection 4-4.1 and the individual is not serving in a position as described in subsection 4-4.3 above, the Township's Pension Certifying Officer may determine that the individual is not required to join the DCRP if that individual:
a. 
Was an active participant in the PERS on July 1, 2007 and continuously since that time; or
b. 
Has been appointed pursuant to a valid promotional process; or
c. 
Is appointed on a temporary, interim, or "acting" basis to a position requiring State Certification as set forth in subsection 4-4.3 herein, and is in pursuit of the required certification; or
d. 
Meets such other exceptions that may be approved by the Local Finance Board or the Division of Pensions and Benefits.
[Ord. No. O.1691-2009 § 1]
a. 
An individual earning less than five thousand ($5,000.00) dollars per fiscal year who is eligible for DCRP membership can decide to waive participation in the DCRP. This decision is irrevocable for elected officials.
b. 
Membership in the DCRP shall be effective as of July 1, 2007 based upon the above criteria.
[1999 Code § 2.88.010]
The Township Council finds as follows:
a. 
The State of New Jersey, through the passage of the Tort Claims Act, as amended and supplemented from time to time (N.J.S.A. 59:1-1 et seq.), has determined the circumstances under which claims may be made against public entities and their officials, employees and servants.
b. 
The Tort Claims Act also specifies under what circumstances a public entity may defend and indemnify its officials, employees and servants.
c. 
The Township Council wishes to provide under certain circumstances for defense and indemnification of its officers, employees and servants in the proper performance of their duties and responsibilities.
d. 
Such defenses and indemnification are especially appropriate for members of appointed boards who serve the township without monetary compensation.
[1999 Code § 2.88.020]
a. 
Whenever a civil action shall be brought against any person holding an office, position or employment with the Township for any action or omission arising out of or in the course of the performance of the duties of such office, position or employment, the Township shall provide payment of that portion of any compensatory damage award otherwise covered by a policy of insurance which has not been paid because of a deductible provision in said policy.
b. 
Whenever a civil action shall be brought against any person holding an office, position or employment with the Township for any action or omission arising out of or in the course of the performance of the duties of such office, position or employment, the Township shall provide payment of that portion of any costs of defense of said action not covered by a policy of insurance which costs have not been paid solely because of a deductible provision of said policy.
[1999 Code § 2.88.030]
The obligation of the Township to defend and indemnify its employees for acts or omissions arising out of or in the course of the performance of the duties of that person shall be limited to those circumstances under which the acts of its employees were within the scope of the responsibilities of the officer or employee.
[1999 Code § 2.81.010]
a. 
Any other provision of law to the contrary notwithstanding, the municipality or any of its purchasing agents or agencies or those of its independent authorities, as the case may be, shall not enter into an agreement or otherwise contract to procure professional, banking, insurance coverage services or any other consulting services, from any professional business entity, if that entity has solicited or made any contribution of money, or pledge of a contribution, including in-kind contributions, to any Edison Township municipal candidate or holder of the public office having ultimate responsibility for the award of contract, or campaign committee supporting such candidate or officeholder, or to any Edison Township or Middlesex County party committee, or to any political action committee that regularly engages in the support of municipal elections and/or municipal parties (PAC) in excess of the thresholds specified in paragraph c. within one (1) calendar year immediately preceding the date of the contract or agreement.
b. 
No professional business entity which enters into negotiations for, or agrees to, any contract or agreement with the municipality or any department or agency thereof or of its independent authorities for the rendition of professional, banking or insurance coverage services or any other consulting service shall solicit or make any contribution of money, or pledge of a contribution, including in-kind contributions, to any Edison Township municipal candidate or holder of the public office having ultimate responsibility for the award of the contract, or campaign committee supporting such candidate of officeholder, or to any Edison Township or Middlesex County party committee, or to any PAC that regularly engages in the support of municipal elections and/or municipal parties between the time of first communications between that business entity and the Township regarding a specific professional services agreement and the later of the termination of negotiations or the completion of the contract or agreement.
c. 
1. 
Subject to the limitations in 2, any entity meeting the definition of "professional business entity" under this section may annually contribute a maximum of four hundred ($400.00) dollars for any purpose to each candidate, for Mayor or Council, and five hundred ($500.00) dollars to each Edison Township or Middlesex County party committees, or to a PAC referenced in this section, without violating paragraph a.
2. 
However, any entity meeting the definition of "professional business entity" under this section, including such principals, partners, and officers of the entity in the aggregate, may not annually contribute for any purpose in excess of a total of two thousand five hundred ($2,500.00) dollars to all Edison Township candidates and officeholders with ultimate responsibility for the award of the contract and all Edison Township of Middlesex County political parties and PACs referenced in this section combined, without violating paragraph a.
d. 
For purposes of this section, a "professional business entity" is an entity seeking or performing a public contract for professional, banking or insurance coverage services or any other consulting services and which may be an individual including the individual's spouse, if any, and any child living at home; a person; firm; corporation; professional corporation; partnership; organization; or association. The definition of a business entity includes all principals who own five (5%) percent or more of the equity in the corporation or business trust, partners, and officers in the aggregate employed by the entity as well as any subsidiaries directly controlled by the business entity.
e. 
For the purpose of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be:
1. 
The Township of Edison Council and the Mayor of the Township of Edison, if the contract requires approval or appropriation from the Council.
2. 
The Mayor of the Township of Edison, if the contract requires approval of the Mayor, or if a public officer who is responsible for the award of the contract is appointed by the Mayor.
[1999 Code § 2.81.020]
No contribution of money or any other thing of value, including in-kind contributions, made by a professional business entity to any municipal candidate for Mayor or Council, or municipal or County party committee or PAC referenced in this section shall be deemed a violation of this section, nor shall an agreement for property, goods, or services, of any kind whatsoever, be disqualified thereby, if that contribution was made by the professional business entity prior to the effective date of this section.
[1999 Code § 2.81.030]
a. 
Prior to awarding any contract or agreement to procure professional services, or banking or insurance coverage services or any other consulting services, with any professional business entity, the township or any of its purchasing agents or agencies, as the case may be, shall receive a sworn statement from the professional business entity made under penalty of perjury that the bidder or offer or has not made a contribution in violation of subsection 4-8.1.
b. 
The professional business entity shall have a continuing duty to report any violations of this section that may occur during the negotiation or duration of a contract. The certification required under this section shall be made prior to entry into the contract or agreement with the Township and shall be in addition to any other certifications that may be required by any other provision of law.
[1999 Code § 2.81.040]
A professional business entity or Township candidate or officeholder or municipal or county party committee or PAC referenced in this section may cure a violation of subsection 4-8.1, if, within sixty (60) days after the contribution, the professional business entity notifies the Township Council in writing and seeks and receives reimbursement of a contribution from the Township candidate or municipal or County political party or PAC referenced in this section.
[1999 Code § 2.81.050]
a. 
It shall be a breach of the terms of the Edison Township professional service agreement for a business entity to 1. make or solicit a contribution in violation of this section; 2. knowingly conceal or misrepresent a contribution given or received; 3. make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution; 4. make or solicit any contribution on the condition or with the agreement that it will be contributed to campaign committee of any candidate or holder of the public office of Edison Township; 5. engage or employ a lobbyist or consultant with the intent or understanding that such lobbyist or consultant would make or solicit any contribution, which if made or solicited by the business entity itself, would subject that entity to the restrictions of this section; 6. fund contributions made by third parties, including consultants, attorneys, family members, and employees; 7. engage in any exchange of contributions to circumvent the intent of this section; or 8. directly or indirectly, through or by any other person or means, do any act which would subject that entity to the restrictions of this section.
b. 
Furthermore, any professional business entity who violates paragraph a. above shall be disqualified from eligibility for future Edison Township contracts for a period of four (4) calendar years from the date of the violation.
[1999 Code § 2.82.010]
This section bans the use of government buildings and equipment for political fund raising.
[1999 Code § 2.82.020]
As used in this section:
CANDIDATE
Means a. any individual seeking election to a public office of the Federal, State, County or municipal government, or school district or political party, and b. any individual who shall have been elected or failed of election to any such office.
MUNICIPALITY
Means the government of the municipality, including any officer, department, board, commission or agency thereof.
MUNICIPAL OFFICIAL, EMPLOYEE AND APPOINTEE
Means any person holding elective municipal office or holding an appointed position in the municipal government, or in any agency, commission, board or office thereof, whether the position is full-time or part-time, compensated or uncompensated, and any employee of municipal government or of any municipal agency, commission, board or office thereof, whether the position is full-time or part-time.
POLITICAL CONTRIBUTION
Means any loans and transfers of money or other things of value to any candidate, elected official, or representative of any political organization, or other commitments or assumptions of liability to make any such transfer. Political contributions shall be deemed to have been made upon the date when such commitment is made or liability assumed.
POLITICAL ORGANIZATION
Means any two (2) or more persons acting jointly, or any corporation, partnership or other incorporated or unincorporated association which is organized to, or does, aid or promote the nomination, election or defeat of any candidate or candidates for Federal, State, County, municipal or school board office or political party office. Political organization includes, but is not limited to, organizations defined in N.J.S.A. 19:44A-3 as a "political committee," "joint candidates committee," "continuing political committee," "political party committee," "candidate committee" or "legislative leadership committee."
PUBLIC PROPERTY
Means all personal property owned, leased or controlled by the municipal government, including but not limited to vehicles, phones, fax machines, computers, stationery including municipal letterhead, postage and other office equipment.
SOLICIT
Means to ask for, by oral or written communication, a contribution as that term is defined herein.
[1999 Code § 2.82.030]
a. 
Prohibition against soliciting or accepting political contributions in rooms or buildings occupied in the discharge of public duties. No municipal official, employee or appointee may solicit, commit to pay or receive payment of or a commitment to pay any political contribution for any candidate, elected official or political organization while in any room or building occupied in the discharge of official municipal business. This subsection shall include solicitation or acceptance of political contributions made over a private cell phone or by use of a private computer, if the person soliciting or accepting the political contribution, is in any room or building occupied in the discharge of official municipal business.
b. 
Prohibition against use of public property for political fundraising. No municipal official, employee or appointee may solicit, commit to pay or receive payment of or a commitment to pay any political contribution for any candidate, elected official or political organization, while utilizing public property.
c. 
Exception. In the event public facilities are made available to any group for non-governmental use, as a meeting facility, this prohibition shall not be deemed to prevent fundraising of any sort among members of such groups during the time such groups have reserved exclusive use of the meeting facility.
d. 
Violation. Violation of any provision of this section shall be punished by a period of community service not exceeding ninety (90) days or imprisonment in the County jail for a term not exceeding ninety (90) days or a fine not exceeding one thousand ($1,000.00) dollars.
[1999 Code § 2.83.010]
Whenever any designated collective bargaining representative or union representing employees of the Township of Edison engages in fund raising activities which includes solicitation from persons or businesses located within Edison Township they shall, before beginning the fund raising activity, notify the Township Clerk of the following:
a. 
The nature and duration of the fund raising activity and the manner in which it is being conducted;
b. 
The name, address and phone number of any third party who is participating in the fund raising process.
[Ord. No. O.1513-2006 § 2.82.010]
a. 
Any other provision of law to the contrary notwithstanding, the Township of Edison or any of its purchasing agents or agencies or those of its independent authorities, as the case may be, shall not enter into an agreement, amend an agreement, or otherwise contract with any redeveloper for the planning, replanning, construction or undertaking of any redevelopment project, including the acquisition or leasing of any public property in conjunction with the redevelopment of any area within the Township of Edison pursuant to the Local Redevelopment and Housing Law, if that redeveloper has made any contribution of money or pledge of a contribution, including in-kind contributions, during the applicable time period as specified below, to a campaign committee of any Edison Township candidate or holder of public office within the Township of Edison having responsibility for arranging, entering into, or approving the redevelopment agreement, or for appointing those who enter into the agreement on behalf of the Township of Edison or; to any municipal political campaign committee, or to any County party committee, or to any political action committee which regularly engages in the support of municipal elections and/or municipal parties or which engages in the support of Edison Township municipal campaigns (PAC). For purposes of this section, the "applicable time period" shall be defined as the time period between the date that the property which is the subject of the redevelopment project has been included in a memorializing resolution adopted by the Governing Body directing the Planning Board to conduct a preliminary investigation to determine if the site is in need of redevelopment pursuant to and in accordance with the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12-1 et seq., and the date of entering into the redevelopment agreement, or the twelve (12) months prior to entering into the agreement, whichever is shorter.
b. 
All redevelopment agreements or amendments thereto entered into by the Township of Edison shall contain a provision prohibiting redevelopers as defined in paragraph c. to solicit or make any contribution of money or pledge of a contribution including in-kind contributions, to any Edison Township candidate or holder of public office within the Township of Edison having responsibility for arranging, entering into, or approving the redevelopment agreement, or for appointing those who enter into the agreement on behalf of the Township of Edison or; to any Edison Township political campaign committee, or to any Edison Township or Middlesex County Party Committee, or to any political action committee which regularly engages in the support of municipal elections and/or municipal parties or which engages in the support of Edison Township municipal campaigns (PAC), between the time of first communication between that redeveloper and the municipality regarding a redevelopment project and the later of the termination of negotiations or the completion of all matters specified in the redevelopment agreement.
c. 
As defined in N.J.S.A. 40A:12A-3, a "redeveloper" means any person, firm, corporation or public body that shall enter into or propose to enter into a contract with a municipality or other redevelopment entity for the redevelopment or rehabilitation of an area in need of redevelopment, or an area in need of rehabilitation, or any part thereof, under the provisions of this section, or for any construction or other work forming part of a redevelopment or rehabilitation project. For the purposes of this section the definition of a redeveloper includes all principals who own ten (10%) percent or more of the equity in the corporation or business trust, partners and officers in the aggregate employed by the provider as well as any affiliates or subsidiaries directly controlled by the redeveloper. Spouses and adult children at home shall also be included.
d. 
For the purposes of this section, the office that is considered to have responsibility for arranging and entering into the redevelopment agreement under the Act shall be:
1. 
The Township of Edison Council if the redevelopment agreement requires approval or appropriation from the Council or a public officer who is responsible for arranging and entering into the redevelopment agreement if that public officer is appointed by Council; or
2. 
The Mayor of Edison Township if the redevelopment agreement requires the approval of the Mayor or a public officer who is responsible for arranging and entering into the redevelopment agreement if that public officer is appointed by the Mayor; or
3. 
A designated redevelopment entity, if the redevelopment agreement requires the approval of the redevelopment entity.
[Ord. No. O.1513-2006 § 2.82.020]
No contribution of money or any other thing of value, including in-kind contributions, made by a redeveloper to any Edison Township candidate for Mayor or Edison Township Council or Edison Township political campaign committee shall be deemed a violation of this section nor shall an agreement for redevelopment projects of any kind whatsoever be disqualified thereby if that contribution or agreement was made by the redeveloper prior to the effective date of this section.
[Ord. No. O.1513-2006 § 2.82.020]
a. 
It shall be the municipality's continuing responsibility to give notice of this section when the municipality gives notice of redevelopment pursuant to N.J.S.A. 40A:12A-6 and when the municipality adopts a resolution directing the Planning Board to prepare a redevelopment plan and at the time that the municipality adopts the ordinance to implement the redevelopment plan.
b. 
Prior to arranging and entering into the redevelopment agreement with any redeveloper, the Township of Edison or any of its purchasing agents or agencies or independent authorities, as the case may be, shall receive a sworn statement from the redeveloper that the redeveloper has not made any contribution in violation of subsection 4-11.1a above. Furthermore, the redeveloper shall have a continuing duty to report any violations of this section that may occur while arranging and entering into the redevelopment agreement, and until all specified terms of the agreement have been completed. The sworn statement required under this section shall be made prior to entry into the agreement with the municipality and shall be in addition to any other certifications that may be required by any other provision of law.
[Ord. No. O.1513-2006 § 2.82.040]
a. 
The contribution and disclosure requirements in this section shall apply to all redevelopers as well as professionals, consultants or lobbyists contracted or employed by the business entity ultimately designated as the redeveloper to provide services related to the:
1. 
Lobbying of government officials in connection with the examination of an area and its designation as an area in need of redevelopment or in connection with the preparation, consultation and adoption of the redevelopment plan;
2. 
Obtaining the designation or appointment as redeveloper;
3. 
Negotiating the terms of a redevelopment agreement or any amendments or modifications thereof; and/or
4. 
Performing the terms of a redevelopment agreement.
b. 
It shall be a breach of the consultant's contract, and shall require immediate termination, for a consultant to violate the contribution limits and/or disclosure requirements in this section.
c. 
A redeveloper who participates in, or facilitates, the circumvention of the contribution restrictions through consultants or professionals shall be deemed to be in breach.
[Ord. No. O.1513-2006 § 2.82.050]
A redeveloper or municipal candidate or officeholder or municipal or County party committee or PAC referenced in this section may cure a violation of subsection 4-11.1 and deemed not to be in breach, if, within thirty (30) days after the cited violation, the redeveloper notifies the Municipal Council in writing and seeks and receives reimbursement of a contribution from the municipal candidate or municipal or County political party or PAC referenced in this section.
[Ord. No. O.1513-2006 § 2.82.060]
a. 
It shall be a breach of the terms of the Township of Edison redevelopment agreement for a redeveloper to: 1. make or solicit a contribution in violation of this section; 2. knowingly conceal or misrepresent a contribution given or received; 3. make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution; 4. make or solicit any contribution on the condition or with the agreement that it will be contributed to a campaign committee of any candidate or holder of the public office of Edison Township; 5. engage or employ a lobbyist or consultant with the intent or understanding that such lobbyist or consultant would make or solicit any contribution, which if made or solicited by the redeveloper itself, would subject that entity to the restrictions of this section; 6. fund contributions made by third parties, including consultants, attorneys, family members, and employees; 7. engage in any exchange of contributions to circumvent the intent of this section; or 8. directly or indirectly, through or by any other person or means, do any act which would subject that entity to the restrictions of this section.
b. 
Furthermore, any redeveloper who violates paragraph a1 through a8 above shall be disqualified from eligibility for future Edison Township redevelopment agreements for a period of four (4) calendar years from the date of the violation.
[Ord. No. O.1658-2008 ]
Township vehicles shall be prohibited from use outside the Township except for the Mayor, Police Chief, Fire Chief and Office of Emergency Management Coordination (OEM Coordinator). This restriction shall not apply to passing through neighboring communities on official business.
[Added 5-13-2020 by Ord. No. O.2066-2020]
The policy of the Township regarding any employee, not including any temporary or seasonal employee of the Township, who is called to active duty training and/or service for any division of the New Jersey National Guard, in addition to any benefits, rights or privileges set forth in any state or federal law, is as follows:
a. 
The Township must allow leave with full pay for any period of state active duty. The Township must allow leave for up to 90 aggregate work days per calendar year with full pay for any period of federal active duty or active duty training. If leave extends into a new calendar year, the employee will be eligible to receive full pay for an additional 90 aggregate work days of federal active duty or active duty training for that calendar year.
b. 
For employees who are called to federal active duty service in a combat zone, the Township will provide paid military leave for an additional 90 aggregate work days per calendar year following the expiration of the initial, mandatory 90 aggregate work days per calendar year.
1. 
For employees who are commissioned officers, such additional paid military leave is limited to differential pay, which shall be calculated as the difference between the employee's Township pay and his/her all-inclusive military pay.
c. 
After expiration of 90 aggregate work days per calendar year for any period of federal active duty or active duty training, or after the expiration of 180 aggregate work days per calendar year for employees who are called to federal active duty service in a combat zone:
1. 
The Township has no obligation to pay the employee.
2. 
If the employee wishes to continue with Township-based health benefits, the employee must pay the premiums for said benefits.
3. 
If the employee chooses to suspend Township health benefits while on active duty training, said benefits will be reinstated immediately upon return to work.
d. 
The employee will continue to accrue vacation, personal and sick time during each period of military leave.
e. 
The employee does not lose seniority while on military leave.
f. 
The employee may (if he/she opts to do so) utilize accrued vacation, personal or accumulated time (but not sick time) for active duty training and/or federal active duty service that exceeds 90 paid days, but cannot be forced to do so.
The policy of the Township regarding any employee, not including any temporary or seasonal employee of the Township, who is called to active duty training and/or service for any division of the Federal Reserves, or for the National Guard from a state other than New Jersey, in addition to any benefits, rights or privileges set forth in any state or federal law is as follows:
a. 
The Township must allow leave with full pay for up to 30 aggregate work days per calendar year for any period of active duty training and/or service. If leave extends into a new calendar year, the employee will be eligible to receive full pay for an additional 30 days of active duty training and/or service for that calendar year.
b. 
Following the expiration of the statutory, mandated 30 aggregate work days per calendar year for any period of active duty training and/or service, the Township will provide paid military leave for an additional 60 aggregate work days per calendar year for any period of active duty training and/or service.
1. 
For employees who are commissioned officers, such additional paid military leave is limited to differential pay, which shall be calculated as the difference between the employee's Township pay and his/her all-inclusive military pay.
c. 
For employees who are called to active duty service in a combat zone, the Township will provide paid military leave for an additional 90 aggregate work days per calendar year following the expiration of the initial, mandatory 30 aggregate work days per calendar year and additional 60 aggregate work days per calendar year for any period of active duty training and/or service.
1. 
For employees who are commissioned officers, such additional paid military leave is limited to differential pay, which shall be calculated as the difference between the employee's Township pay and his/her all-inclusive military pay.
d. 
After expiration of 90 aggregate work days per calendar year for any period of active duty or active duty training, or after the expiration of 180 aggregate work days per calendar year for employees who are called to active duty service in a combat zone:
1. 
The Township has no obligation to pay the employee.
2. 
If the employee wishes to continue with Township-based health benefits, the employee must pay the premiums for said benefits.
3. 
If the employee chooses to suspend Township health benefits while on active duty training, said benefits will be reinstated immediately upon return to work.
e. 
The employee will continue to accrue vacation, personal and sick time during each period of military leave.
f. 
The employee does not lose seniority while on military leave.
g. 
The employee may (if he/she opts to do so) utilize accrued vacation, personal or accumulated time (but not sick time) for active duty training and/or federal active duty service that exceeds 90 paid days, but cannot be forced to do so.
The policy of the Township regarding any employee, not including any temporary or seasonal employee of the Township, who is called to inactive duty training, in addition to any benefits, rights or privileges set forth in any state or federal law is as follows:
a. 
The Township shall allow leave with full pay for up to 24 aggregate work days per calendar year for any period of inactive duty training.
1. 
For employees who are commissioned officers, such additional paid military leave is limited to differential pay, which shall be calculated as the difference between the employee's Township pay and his/her all-inclusive military pay.
b. 
The employee will continue to accrue vacation, personal and sick time during each period of military leave.
c. 
The employee does not lose seniority while on military leave.
d. 
The employee may (if he/she opts to do so) utilize accrued vacation, personal or accumulated time (but not sick time) for inactive duty training that exceeds 24 paid days, but cannot be forced to do so.