[1]
Editor's Note: Subject to certain limitations and procedures
therein contained, N.J.S.A. 54:4-8.40 et seq., as amended, provides
for real property tax exemptions for a State citizen and resident
of the age of sixty-five (65) or over, having an income not in excess
of five thousand ($5,000.00) dollars per year and residing in a dwelling
unit owned by him.
Cross Reference. For further provisions relating to the payment of payrolls of the Township, see Subsection 2-25.2a of these Revised General Ordinances.
[1]
Editor's Note: For statutory authority to provide by ordinance
the manner of payment of payrolls, see N.J.S.A. 40A:5-19.
[1974 Code § 10-1]
The separate bank account for the payment of municipal employees
by payroll check as established by the Township Comptroller is herein
ratified and confirmed.
[1974 Code § 10-2]
All ordinances adopted prior to December 2, 1969 authorizing
the issuance of bonds or bonds and notes of the Township and all resolutions
authorizing the issuance of notes in anticipation of the issuance
of bonds which recite that the bonds or notes thereby authorized shall
bear interest at a rate which shall not exceed six (6%) percent per
annum, are hereby amended so as to recite that all such bonds and
notes issued in anticipation of such bonds shall bear interest at
a rate per annum within the limitations prescribed by law.
[1]
Editor's Note: For statute regulating interest rates for municipalities,
see N.J.S.A. 31:1-7 et seq.
[1974 Code § 10-3]
All ordinances adopted prior to May 15, 1973 authorizing the
issuance of bonds or bonds and notes of the Township and all resolutions
authorizing the issuance of notes which recite that the notes shall
be signed by the Municipal Treasurer and which delegate the power
to sell notes to the Municipal Treasurer are hereby amended so as
to recite: a. That all such notes shall be signed by the Municipal
Comptroller in lieu of Municipal Treasurer; and b. That the power
to sell the notes shall be delegated to the Municipal Comptroller
in lieu of the Municipal Treasurer.
Editor's Note: For statutory provisions concerning the signature
of municipal finance officers, see N.J.S.A. 40A:2-25. The sale of
notes are provided in N.J.S.A. 40A:2-28.
[Ord. #92-77; Ord. #02-35]
a.
Findings.
1.
The Municipal Council of the Township of Woodbridge by Ordinance
No. 92-77, adopted October 20, 1992, established a Five-Year Real
Estate Tax Exemption Program (the "Program") to encourage Township
residents to make improvements to their homes.
2.
By Ordinance No. 93-100, adopted December 21, 1993, the Municipal
Council amended the Program to include homes at least twenty (20)
years old.
3.
N.J.S.A. 40A:21-4 provides that in order for the Program to continue
beyond the tenth (10th) year, the enabling ordinance must be readopted.
b.
Readoption of Enabling Ordinance.
1.
The Township of Woodbridge acknowledges having been duly designated
as a qualified municipality to permit the establishment of the Program.
2.
The entire municipality of Woodbridge Township is hereby designated
as an area in which improvements to residential dwellings which are
twenty (20) years of age or older may be eligible for tax exemption
pursuant to N.J.S.A. 40A:21-1 et seq.
3.
All dwellings which are at least twenty (20) years old shall, following
receipt and approval by the Township of Woodbridge of a fully executed
and complete application described herein, be exempt from taxation
of the first twenty-five thousand ($25,000.00) dollars in Assessor's
full and true value of improvements, as defined in N.J.S.A. 40A:21-3,
for a period of five (5) years following completion of such improvements,
commencing with the first full tax year following completion of the
improvements.
4.
No exemption of improvements from taxation shall be allowed except
pursuant to statute and to duly promulgated regulations of the Department
of Community Affairs and Division of Taxation, which include the requirements
that the taxpayer submit to the Tax Assessor of Woodbridge Township
a written application approved by the Tax Assessor, requesting said
exemption which application shall be in a form prescribed by the State
Division of Taxation.
5.
Applications for exemption must be filed with the Woodbridge Tax
Assessor within thirty (30) days, including Saturdays, Sundays and
legal holidays, of completion of the improvement. Every application
for exemption which is filed within the time specified, shall be approved
and allowed to the degree the application is consistent with the provisions
of this subsection, provided that the improvement for which application
is made qualifies as an improvement. The granting of an exemption
shall be recorded and make a permanent part of the official tax records
of the Township, which record shall contain a notice of the termination
date thereof.
6.
The Township shall, upon the adoption of this section, supply to
each eligible residential taxpayer, a notice concerning the Tax Exemption
Program, which notice shall be included in the mailing of animal property
tax bills.
7.
No exemption shall be granted for any property for which property
taxes are delinquent or remain unpaid, for which penalties for nonpayment
of taxes are due, or for properties which have not obtained all required
permits and approvals for the improvements which form the basis of
the requested exemption.
8.
This subsection shall take effect immediately upon adoption and publication,
and shall be retroactive to January 18, 2002.
9.
As further provided by the enabling State statutes, the exemption
allowable under the terms of this subsection may be granted for the
first full tax year commencing after, enactment of this subsection;
however, no application for exemption shall be filed for any exemption
to take initial effect for the eleventh full tax year of any tax year
occurring thereafter unless this subsection is readopted by the Township
of Woodbridge.
[Ord. #92-77]
a.
The Township Council may enter into agreements with developers and/or
owners of property within the Township, providing tax abatements and/or
exemptions for improvements to existing commercial or industrial structures
or for the construction of commercial or industrial structures within
the Township pursuant to the Act. This power to enter into tax abatement/exemption
agreements shall be subject to all definitions set forth within §
3 of the Act, incorporation herein as if set forth herein at length.
All projects subject to a tax abatement/exemption agreement
as provided for herein and in the Act, shall be subject to all applicable
Federal, State and local laws and regulations, including, but not
limited to, pollution control, worker safety, discrimination in employment,
housing provision, zoning, planning and building code requirements.
b.
Applicants for tax abatement and/or exemption for improvements to
existing commercial or industrial structures or for the construction
of commercial or industrial structures shall provide the Township
Council with an application setting forth;
1.
A general description of the project for which abatement and/or exemption
is sought;
2.
A legal description of all real estate necessary for the project;
3.
Plans, drawings and other documents as may be required by the Township
Council to demonstrate the structure and design of the proposed project;
4.
A description of the number, classes and type of employees to be
employed at the project site within two (2) years of completion of
the project;
5.
A statement of the reasons for seeking tax abatement and/or exemption
on the project and a description of the benefits to be realized by
the applicant if a tax abatement/ exemption is granted;
6.
Estimates of the cost of completing the project;
7.
A statement showing (1) the real property taxes currently being assessed
at the project site; (2) estimated tax payments that would be made
annually by the applicant on the project during the period of the
agreement; and, (3) estimated tax payments that would be made by the
applicant on the project during the first full year following termination
of the tax abatement/exemption agreement;
8.
A description of any lease agreement between the applicant and proposed
users of the project and a history and description of the users' businesses;
and
9.
Such other pertinent information as may be required by the Township
Council.
c.
Applicants shall be encouraged to submit applications for abatements
and/or exemptions prior to the commencement of construction. Following
receipt of a completed application as set forth above, the Township
Council shall review same to determine whether an abatement and/or
exemption for improvements or new construction shall be granted following
an individual review and evaluation of each application submitted
to the Township Council. An abatement and/or exemption of real property
taxes pursuant to the Act and this subsection, shall apply to property
taxes levied for municipal purposes, school purposes, County government
purposes and for the purposes of funding any other property tax exemptions
or abatements.
d.
No abatement and/or exemption shall be granted pursuant to the Act
except upon written application by an applicant filed with the Assessor
and the Director of Planning and Development and subsequent review
and approval by the Township Council. Each application shall be on
a form prescribed by the Director of the Division of Taxation in the
Department of the Treasury and provided for the use of applicants
by the Township Council. The granting of an abatement and/or exemption,
or the abatement/exemption agreement itself, shall be recorded and
made a permanent part of the official tax records of the Township,
which records contain a notice of the termination date thereof.
e.
As all tax abatement/exemption agreements shall be applied for and
granted on an individual project basis, the Township Council shall
be required, following review, evaluation and subsequent approval
of each application, to adopt by ordinance, authorization to enter
into a tax abatement/exemption agreement for a particular project.
Any tax abatement/exemption agreement entered into between the Township
Council and an applicant, shall provide for the applicant to pay to
the municipality, in lieu of full property tax payments, an amount
annually to be computed by one, but in no case a combination of, the
"Cost Basis Formula," "Gross Revenue Basis Formula," or "Tax Phase-In
Basis Formula," all as defined in Section 10 of the Act and incorporated
by reference herein as if set forth fully. All tax abatement/exemptions
applied for and granted pursuant to the Act and this subsection, shall
be in effect for a period of no more than five (5) full years following
the date of completion of the project.
f.
No abatement and/or exemption shall be granted, or tax abatement/exemption
agreement entered into pursuant to this Act or this subsection, with
respect to any property for which property taxes are delinquent or
remain unpaid, or for which penalties for non-payment of taxes are
currently then due and owing.
g.
Within thirty (30) days following execution of a tax abatement/exemption
agreement pursuant to the Act and this subsection, the Township shall
forward a copy of the agreement to the Director of the Division of
Local Government Services in the Department of Community Affairs.
h.
Any ordinance approving a tax abatement/exemption for a specific
project pursuant to the Act and this subsection, may provide that
an additional improvement or construction, completed on property previously
granted an abatement and/or exemption, may qualify for an additional
abatement and/or exemption, as if the property had not received a
previous abatement and/or exemption. In this event, the additional
improvement or construction shall be considered separate for the purposes
of calculating exemptions and abatements pursuant to the Act, except
that the assessed value of any previous improvement or construction
shall be added to the assessed valuation as it was prior to that improvement
or construction for the purpose of determining the assessed valuation
of the property from which any additional abatement is to be subtracted.
i.
Upon termination of a tax abatement/ exemption agreement referenced
hereunder, a project shall be subject to all applicable real property
taxes as provided by State law and regulation, as well as local ordinances.
However, nothing herein shall prohibit a project, upon termination
of a tax abatement/ exemption agreement, from qualifying for and receiving
the full benefits of any other tax preferences provided by law.
j.
Pursuant to the Act, during the first year following adoption of
this subsection, the Township shall include an appropriate notice
of the adoption of this subsection, in the mailing of annual property
tax bills to each owner of property located in an area in which abatements
and/or exemptions may be allowed.
[Ord. No. 2018-29]
a.
Pursuant to the authority granted under the Five-Year Exemption and
Abatement Law, N.J.S.A. 40A:21-6(a), this subsection provides for
the exemption from taxation of conversions of buildings and structures
to multiple dwelling use, which the Township hereby authorizes, pursuant
to N.J.S.A. 40A:21-4, only in areas of the municipality for which
the Township has adopted a redevelopment plan pursuant to N.J.S.A.
40A:12A-1 et seq.. In determining the value of real property, the
municipality shall regard the Assessor's full and true value of the
conversion alteration as not increasing the value of the property
for a period of five (5) years, notwithstanding that the value of
the property to which the conversion alterations are made is increased
thereby.
b.
During the exemption period, the assessment on the property shall not be less than the assessment thereon existing immediately prior to the conversion alterations, unless an abatement is granted pursuant to Subsection b of N.J.S.A. 40A:21-6(b), or there is damage to the multiple dwelling through action of the elements sufficient to warrant a reduction.
c.
Pursuant to the authority granted under the Five-Year Exemption and
Abatement Law, N.J.S.A. 40A:21-6(b), this subsection also permits
the abatement of a portion of the assessed value of property receiving
the exemption as it existed immediately prior to the conversion alteration.
d.
The abatement for a multiple dwelling would be for five (5) years,
and the annual amount of the abatement shall be twenty (20%) percent
of the total cost of the conversion alteration, but the total amount
of abatements granted to any single property shall not exceed the
total cost of the conversion alteration.
e.
No exemption of conversion alterations from taxation shall be allowed
except pursuant to statute and to duly promulgated regulations of
the Department of Community Affairs and Division of Taxation, which
include the requirements that the taxpayer submit to the Tax Assessor
of Woodbridge Township a written application approved by the Tax Assessor,
requesting said exemption which application shall be in a form provided
for the use of claimants by the governing body of the municipality
and prescribed by the State Division of Taxation.
f.
Applications for exemption must be filed with the Woodbridge Tax
Assessor within thirty (30) days, including Saturdays, Sundays and
legal holidays, of completion of the conversion alteration. Every
application for exemption which is filed within the time specified
shall be approved and allowed to the degree the application is consistent
with the provisions of this subsection, provided that the conversion
alteration for which application is made qualifies as a conversion
alteration pursuant to the above referenced statute. The granting
of an exemption, or exemption and abatement, shall relate back to,
and take effect as of, the date of completion of the project, or portion
or stage of the project for which the exemption, or exemption and
abatement, is granted, and shall continue for five (5) annual periods
from that date. The granting of an exemption shall be recorded and
made a permanent part of the official tax records of the Township,
which record shall contain a notice of the termination date thereof.
g.
No exemption shall be granted for any property for which property
taxes are delinquent or remain unpaid, for which penalties for nonpayment
of taxes are due, or for properties which have not obtained all required
permits and approvals for the conversion alteration which form the
basis of the requested exemption
h.
This subsection shall take effect immediately upon adoption and publication
and expire thirty-six (36) months from the date of adoption.
i.
As further provided by the enabling State statutes, the exemption
allowable under the terms of this subsection may be granted for the
first full tax year commencing after enactment of this subsection."
[Ord. #08-83; Ord. #09-34; Ord. #09-84]
As used in this section:
Shall mean those areas which have been determined by the
Township to be in need of redevelopment (as that term is defined in
N.J.S.A. 40A:12A-5), and are set forth in Attachment 2.[1]
Shall be those areas which have been determined by the Township
to be in need of rehabilitation (as that term is defined in N.J.S.A.
40A:12A-14), and are set forth in Attachment 1.[2]
Shall mean the Woodbridge Township Tax Assessor.
Shall mean the Municipal Council of the Township of Woodbridge.
Shall mean a building, structure or part thereof used for
commercial purposes as defined in N.J.S.A. 40A:21-3.
Shall mean any commercial structure (as defined in N.J.S.A.
40A:21-3) located within an area in need of rehabilitation with a
Special Improvement District; or located within a redevelopment area,
which meets the qualifications of the Facade Improvement Program.
Shall mean the modernization, rehabilitation, renovation,
alteration or repairs to the facades of buildings in an area in need
of rehabilitation or an area in need of redevelopment that satisfy
the requirement of the Facade Improvement Program.
Shall be the program instituted by the Township utilization
community development funds to assist the owners of eligible buildings
in areas in need of rehabilitation or area in need of redevelopment
to perform facade improvements.
Shall mean that portion of the Assessor's full and true value
of the facade improvement shall not be regarded as increasing the
taxable value of the property.
Shall mean the Township of Woodbridge.
[Ord. No. #08-83]
There is hereby established a Facade Improvement Program which
shall utilize community development funds by awarding grants to the
owners of eligible buildings to perform facade improvements.
[Ord. No. #08-83]
The Council directs the Director of Planning to promulgate rules
and regulations.
[Ord. No. #08-83]
The Facade Improvement Program shall terminate upon the earlier
of:
[Ord. No. #08-83]
Eligible buildings shall be entitled to a five (5) year Tax
Exemption in accordance with N.J.S.A. 40A:21-1 et seq., which shall
be applied as follows:
a.
Increased value of the eligible building up to twenty-five thousand
($25,000.00) dollars as determined by the Assessor which directly
results from the facade improvement shall be exempted from taxation
on a declining scale as follows: (i) first year one hundred (100%)
percent increase exempt; (ii) second year eighty (80%) percent increase
exempt; (iii) third year sixty (60%) percent increase exempt; (iv)
fourth year forty (40%) percent increase exempt; and (v) fifth year
twenty (20%) percent increase exempt.
b.
The tax exemption shall commence the first full tax quarter following
the completion of the facade improvement.
c.
During the tax exemption period, the assessment on the property shall
not be less than the assessment thereon existing immediately prior
to the facade improvement, unless there is damage to the eligible
building through action of the elements sufficient to warrant a reduction.
d.
No tax exemption shall be granted that violates any local, State,
or Federal law, ordinance, rule or regulation, or for which it is
determined that Community Development Block Grant Program funds may
not be used.
e.
In addition to making required applications in connection with the
Facade Improvement Program, the participant shall file with the Assessor,
within thirty (30) days, including Saturdays, Sundays and legal holidays,
of completion of the facade improvement, for the herein described
tax exemption.
f.
No exemption shall be granted without adoption of a resolution by
the Council approving the tax exemption.
[Ord. No. #08-83]
Upon adoption of this section the Township shall notify the
owners of commercial buildings in areas in need of rehabilitation
and areas in need of redevelopment of the Facade Improvement Program.
[Ord. No. #08-83]
The granting of any tax exemption shall be recorded and made
a permanent part of the official tax record of the Township, which
shall contain a notice of the termination sale thereof.
[Ord. No. #08-83]
No tax exemption shall be granted for any property for which
property taxes are delinquent or remain unpaid, for which penalties
for nonpayment of taxes are due, or for properties which have not
obtained all required permits and approvals for the improvements which
form the basis of the requested exemption.
[Ord. No. #08-83]
No application for tax exemption shall be filed for any exemption
to take initial effect for the eleventh full tax year or any year
occurring thereafter unless this section is readopted by the Council.
[Added 6-22-2021 by Ord.
No. 21-44; amended 10-3-2022 by Ord. No. 2022-65]
a.
A Cannabis
Transfer Tax is hereby imposed by the Township on the sale of cannabis
or cannabis items by a cannabis establishment that is located in the
Township of Woodbridge. This Transfer Tax shall be imposed on receipts
from the sale of cannabis by a cannabis cultivator to another cannabis
cultivator; receipts from the sale of cannabis items from one cannabis
establishment to another cannabis establishment; receipts from the
retail sales of cannabis items by a cannabis retailer to retail consumers
who are 21 years of age or older; or any combination thereof.
b.
The Cannabis
Transfer Tax Rate imposed by the Township shall be two percent (2%)
of the receipts from each sale by a cannabis cultivator; two percent
(2%) of the receipts from each sale by a cannabis manufacturer; one
percent (1%) of the receipts from each sale by a cannabis wholesaler;
and two percent (2%) of the receipts from each sale by a cannabis
retailer.
[Added 6-22-2021 by Ord.
No. 21-44; amended 10-3-2022 by Ord. No. 2022-65]
The Township of Woodbridge hereby imposes a Cannabis User Tax at rates equivalent to the Cannabis Transfer Tax Rates set forth in Subsection 2-73.1(b), on any concurrent license holder, as permitted by section 33 of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, operating more than one cannabis establishment. The user tax shall be imposed on the value of each transfer or use of cannabis or cannabis items not otherwise subject to the transfer tax imposed pursuant to Subsection 2-73.1, from the license holder's establishment that is located in the Township of Woodbridge to any of the license holder's other establishments, whether located in the Township of Woodbridge or another municipality.
[Added 6-22-2021 by Ord.
No. 21-44; amended 10-3-2022 by Ord. No. 2022-65]
All revenues collected from the Cannabis Transfer Tax or User Tax imposed by this Section 2-73 shall be remitted to the Chief Financial Officer of the Township of Woodbridge in a manner prescribed by the municipality.
[Added 7-20-2021 by Ord. No. 21-47]
a.
CANNABIS
MEDICAL CANNABIS DISPENSARY
Definitions. As used in this section:
Shall mean all parts of the plant genus Cannabis, whether
growing or not, the seeds thereof, and every compound, manufacture,
salt, derivative, mixture, or preparation of the plant or its seeds,
except those containing resin extracted from the plant, but shall
not include the mature stalks of the plant, fiber produced from the
stalks, oil or cake made from the seeds of the plant, any other compound,
manufacture, salt derivative, mixture, or preparation of such mature
stalks, fiber, oil, or cake, or the sterilized seed of the plant which
is incapable of germination. "Cannabis" shall not mean hemp, or a
hemp product cultivated, handled, processed, transported, or sold
pursuant to the "New Jersey Hemp Farming Act," P.L. 2019, c. 238 (C.
4:28-6 et al.).
Shall mean an organization issued a permit by the commission
that authorizes the organization to: purchase or obtain medical cannabis
and related supplies from medical cannabis cultivators; purchase or
obtain medical cannabis products and related supplies from medical
cannabis manufacturers; purchase or obtain medical cannabis, medical
cannabis products, and related supplies and paraphernalia from other
medical cannabis dispensaries and from clinical registrants; deliver,
transfer, transport, distribute, supply, and sell medical cannabis
and medical cannabis products to other medical cannabis dispensaries;
furnish medical cannabis, including medical cannabis products, to
a medical cannabis handler for delivery to a registered qualifying
patient, designated caregiver, or institutional caregiver consistent
with the requirements of subsection i. of section 27 of P.L. 2019,
c. 153 (C. 24:6I-20); and possess, display, deliver, transfer, transport,
distribute, supply, sell, and dispense medical cannabis, medical cannabis
products, paraphernalia, and related supplies to qualifying patients,
designated caregivers, and institutional caregivers. A medical cannabis
dispensary permit shall not authorize the permit holder to cultivate
medical cannabis, to produce, manufacture, or otherwise create medical
cannabis products.
b.
Collection of the Medical Cannabis Transfer Tax.
1.
The Medical Cannabis Transfer Tax of the Township of Woodbridge shall
be fixed at a uniform percentage of two percent (2%) on all sales
or transfers of cannabis products from a Medical Cannabis Dispensary,
pursuant to N.J.S.A. 24:6I-10(i) of the CUMCA.
2.
The Medical Cannabis Transfer Tax shall be in addition to any other
tax or fee imposed pursuant to any state or federal statute, local
ordinance, or resolution by any governmental entity upon a Medical
Cannabis Dispensary.
3.
All taxes imposed by this section shall be collected on behalf of
the Township of Woodbridge by the person dispensing cannabis to the
patient, the patient's designated caregiver, or cannabis handler.
4.
Every person required to collect any taxes imposed by this article
shall be personally liable for the tax imposed, collected or required
to be collected. Any such person shall have the same right in respect
to collecting the tax from his or her customer; provided, however,
that the Business Administrator of the Township of Woodbridge shall
be joined as a party in any action brought to collect the tax.
5.
Every person responsible for the collection of the Medical Cannabis
Transfer Tax shall maintain books and/or records to substantiate the
tax obligation, even if no tax is due.
6.
The tax imposed by this section shall be paid quarterly to the Chief
Financial Officer of the Township of Woodbridge no later than the
15th of the month following the end of the quarter, that is, April
15, July 15, October 15 and January 15 of each year with a report
certified as true and accurate by the Chief Financial Officer or other
similarly situated person of the Medical Cannabis Dispensary showing
the gross revenues for the Medical Cannabis Dispensary for each month
of the preceding quarter. The Township may require that the Medical
Cannabis Dispensary obtain a financial report from an independent
accountant certifying as to the revenues of the Medical Cannabis Dispensary.
7.
Pursuant to state law, any person who attempts to do anything whatsoever
to avoid the full disclosure of the tax due under this article to
avoid the payment of the whole or any part thereof, and any person
who refuses to permit an officer or agent designated by the Township
of Woodbridge to examine his or her books, records and papers is a
disorderly person.
8.
If for any reason the tax imposed by this article is not paid when
due, interest at a rate of twelve percent (12%) per annum on the amount
of the tax due and an additional penalty of half of one percent (1/2%)
of the amount of the unpaid tax for each month or fraction thereof
during which the tax remains unpaid shall be added and collected or
a minimum of fifty dollars ($50), whichever is greater. Where action
is brought for the recovery of any tax hereunder, the person liable
shall, in addition, be liable for the cost of collection and the interest
and penalties imposed.
9.
A copy of this subsection shall be transmitted to every Medical Cannabis
Dispensary within the Township of Woodbridge.
[Added 10-3-2022 by Ord. No. 2022-65]
In addition to any penalties that may be imposed by the State
of New Jersey, and unless otherwise specified herein, any person or
entity who has been convicted of a violation of any provision of the
Revised General Ordinances of the Township of Woodbridge shall be
subject to a civil penalty in an amount not to exceed $2,000 per violation.
A separate offense shall be deemed to have been committed on each
day during or on which the violation occurs or continues.
[1974 Code § 2-123; Ord. #88-53 § I]
a.
The Mayor and Council of the Township of Woodbridge declares that
it is necessary to establish a set of guidelines and procedures for
public officials, advisors and employees which will serve the individuals
affected and the citizens of the municipality by helping to ensure
that such officials, advisors and employees will not purposely deviate
from their public duties because of any financial or personal conflicting
interest. Public officials, advisors and employees must be as rigorous
in operating free of apparent conflicts of interest as of real conflicts.
Only thus may true public confidence be earned and maintained.
b.
Such guidelines and procedures shall not be applied so as to discourage
citizen and/or volunteer involvement in Township affairs. Therefore,
it is directed that the guidelines and procedures to be adopted be
applied to those instances of the most egregious improper conduct
as defined therein.
[1974 Code § 2-124; Ord. #88-53 § II]
The Mayor and Administration, Council, Presiding Judge of the
Municipal Court, Director of Police and each and every public body,
Agency, Board, Commission or Committee (except advisory committees)
subject to the ordinances of the Township shall immediately adopt
rules, regulations and/or bylaws establishing a Code of Ethics to
govern the conduct of any public officials, elected or appointed,
advisors and employees under their jurisdiction.
[1974 Code § 2-125; Ord. #88-53 § III]
The Code of Ethics shall prohibit any public official, advisor
or employee from committing the following acts:
a.
Engaging in any financial and/or personal activity in conflict with
the performance of his public duties.
b.
Engaging in conflicting employment.
c.
Representing others before the Council or any public body of the
Township.
d.
Failing to disclose his financial or personal interest in any business
transaction with any public body in the Township.
e.
Knowing and purposely acting in an official capacity, by voting or
otherwise, on any matter in which he has an undisclosed financial
or personal interest.
f.
Knowing and purposely acting in an official capacity, by voting or
otherwise, on any matter in which he has a substantial conflict of
interest.
g.
Soliciting or accepting gifts or favors tending to influence the
performance of his public duties.
h.
Using or attempting to use his public position to secure unwarranted
privileges or advantages for himself or others.
i.
Using, without prior authorization, Township employees or property
for a private purpose.
j.
Disclosing confidential information which he has received or acquired
in the performance of his public duties for financial or personal
gain.
k.
Disclosing confidential information concerning the governmental affairs
of the Township without prior authorization or privilege.
[1974 Code § 2-126; Ord. #88-53 § IV]
The Code of Ethics shall provide for the disciplining of any
official, advisor or employee who violates the rules, regulations
or bylaws. The discipline may range from private reprimand, public
censure, suspension without pay, demotion, removal or discharge from
office or employment, in addition to any penalty or civil remedy that
may be available under any other law.
[1974 Code § 2-127; Ord. #88-53 § V]
a.
Any officer, advisor or employee charged with a violation of a Code
of Ethics shall enjoy all rights and privileges provided under the
applicable provisions of other State and local laws, Federal and State
Constitutions, and any applicable contractual provisions or requirements.
b.
Every officer, advisor and employees shall cooperate with any official
or administrative investigation of the governmental affairs of the
Township and the conduct of any officer, advisor or employee of the
Township, subject to the rights and privileges protected by the Federal
and State Constitutions and the Public Employees Immunity Act. The
Director of Law or special counsel appointed by the Director of Law
may represent any officer, advisor or employee summoned to appear
as a witness in any official or administrative investigation aforesaid.
c.
No officer, advisor or employee shall suffer disciplinary action
for disclosing, consistent with law, any action which a reasonably
prudent person would believe to be a violation of any Federal, State
or municipal law, ordinance, rules, regulations or bylaws.
d.
Any officer, advisor or employee who suffers legal expense as the
result of his efforts to prevent, cure or remedy a violation of any
Federal, State or municipal law, ordinance, rules, regulations or
bylaws may petition the Council for recompense of such legal expense.
e.
The Council may ratify the actions and efforts of any officer, advisor
or employee who seeks to prevent, cure or remedy a violation of any
law, ordinance, rules, regulations or bylaws affecting the affairs
of this Township, and may pay the legal expense suffered by such officer,
advisory or employees; and no Council member shall be disqualified
from acting in his official capacity, by voting or otherwise, on the
ground that he was the officer who suffered the legal expense, subject
only to his duty to publicly disclose his interest.
f.
In case any violation of any duly adopted Code of Ethics occurs,
the Director of Law or special counsel appointed by the Director of
Law may, after authorization from the Mayor and Council and in addition
to any other remedies available, institute an action to enjoin, declare
and/or remedy, by damages or otherwise, any such violation.
