[1972 Code § 4-15.1]
The Township Council finds and declares that:
a.
Public office and public employment are public trusts.
b.
The vitality and stability of representative democracy depend upon
the public's confidence in the integrity of elected and appointed
representatives.
c.
The public's confidence in public officials and employees is
imperiled whenever the public perceives a conflict between the private
interests and the public duties of a governmental officer or employee.
d.
Government has the duty to provide its citizens with standards by
which the public can appraise the extent to which public duties are
faithfully performed, as well as to inform public officers and employees
of the behavior expected of them in the conduct of their public duties.
[1972 Code § 4-15.2]
a.
This section will assure that standards of ethical conduct and financial
disclosure requirements for officers and employees of the Township
of Piscataway are clear, consistent, enforceable and uniform in their
application; further, this section provides advice and information
concerning possible conflicts of interest which might arise in the
conduct to public duties.
b.
This section implements the provisions of the Local Government Ethics
Law, P.L., 1991, c. 29.
[1972 Code § 4-15.3]
As used in this section:
a.
AGENCY — Shall mean any agency, board, governing body, office,
commission or other instrumentality within the Township of Piscataway
and any independent local authority created by or appointed under
the authority of the Township of Piscataway which performs functions
other than those of a purely advisory nature. "Agency" shall include
the Chief Executive Officer of the Township.
b.
EMPLOYEE — Shall mean any person, whether or not such person
receives compensation, whether part-time or full-time, employed by
or serving on an agency who is not a local government officer.
c.
LOCAL GOVERNMENT OFFICER — Shall mean any person, whether compensated
or not, whether part-time or full-time: (1) elected to any office
of a local government agency; (2) serving on a local government agency
which has the authority to enact ordinances, approve development applications
or grant zoning variances; (3) who is a member of an independent municipal,
County or regional authority; or (4) who is a managerial executive
or confidential employee of a local government agency, as defined
in Section 3 of the New Jersey Employer-Employee Relations Act, N.J.S.A.
34:13A-3, but shall not mean any employee of a school district or
member of a school board.
[1972 Code § 4-15.4]
a.
The Piscataway Township Board of Ethics (herein "Board") shall consist
of six members who are residents of Piscataway Township, at least
two of whom shall be public members. The members of the Board shall
be appointed by the Township Council and chosen for their reputations
for integrity and their knowledge of local government affairs. No
more than three members of the Board shall belong to the same political
party.
b.
The members of the Board shall annually elect a Chairperson from
among the membership.
c.
The members shall serve for a term of five years except that of the
members initially appointed two of the public members shall be appointed
to serve for a term of five years, one member shall be appointed to
serve for a term of four years, and the remaining members shall be
appointed to serve for a term of three years. Each member shall serve
until his 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 although any
member may be reimbursed for necessary expenses incurred in the performance
of his or her duties.
[1972 Code § 4-15.5]
a.
The Township Business Administrator shall provide the Board with
all facilities needed for the conduct of its business and the preservation
of its records and shall supply equipment and supplies as necessary
in accordance with the provision therefor contained within the municipal
budget.
b.
All necessary expenses incurred by the Board and its members shall
be paid, upon certification of the Chairperson of the Board, by appropriate
municipal officials within the appropriation therefor in the annual
budget or by emergency appropriation therefor.
c.
The Board may request and receive assistance from municipal officers
and employees, including the Township Clerk and the Township Attorney,
and may appoint employees, including independent counsel and clerical
staff, as the Board deems necessary, to carry out the provisions of
this section within the limits of funds appropriated by the Township
Council for those purposes.
[1972 Code § 4-15.6]
a.
The Township has promulgated the Code of Ethics for all officers
and employees of the Township, which is identical to the provisions
of Local Government Ethics Law N.J.S.A. 40A:9-22.5.
b.
The Board may amend or supplement the Code of Ethics as it deems
necessary following a public hearing.
c.
The Board shall forward a copy of the Code of Ethics to the Township
Clerk and shall make copies available.
[1972 Code § 4-15.7]
The Piscataway Township Board of Ethics shall have the following
powers:
a.
To initiate, receive, hear and review complaints and hold hearings
on possible violations of the 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 as to its investigation of any complaints or as to its
conduct 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 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 as to officers and employees serving the Township and
to impose penalties for violations thereof.
f.
To adopt rules and regulations and to do any and all other things
necessary to implement this section.
[1972 Code § 4-15.8]
a.
A Township officer or employee may request and obtain from the Board
an advisory opinion as to whether any proposed activity or conduct
would constitute a violation of the Code of Ethics or any financial
disclosure requirement.
b.
No advisory opinion shall be made public except when the Board (by
the vote of 2/3 of all its members) directs that the opinion be made
public.
c.
Public advisory opinions shall not disclose the name of the officer
or employee or the position unless the Board in directing that the
opinion be made so public specifically determines otherwise.
[1972 Code § 4-15.9]
a.
The Board, upon receipt of a signed written complaint by any person
alleging that the conduct of any officer or employee of the Township
conflicts with the Code of Ethics or financial disclosure requirements,
shall acknowledge receipt of the complaint within 30 days thereafter
and shall initiate an investigation concerning the facts and circumstances
set forth in the complaint.
b.
The Board shall determine whether the complaint is within its jurisdiction
or whether the complaint is frivolous or without any reasonable factual
basis. If the Board concludes that the complaint is outside its jurisdiction
or frivolous or without factual basis, it shall reduce its conclusion
to writing, transmitting a copy thereof to the complainant, to the
local government officer or employee against whom the complaint was
filed and to the Township Attorney.
c.
If the Board concludes that the complaint is within its jurisdiction
and has at least a minimal factual basis, the Board shall notify the
local government officer or employee against whom the complaint was
filed that the complaint was filed and shall summarize the nature
of the complaint and the facts and circumstances set forth therein.
Thereafter, the local government officer or employee charged shall
have the opportunity to present any statement or information addressing
the complaint which he or she wishes to present. If the Board determines
that a reasonable doubt exists as to whether the local government
officer or employee is in conflict with the Code of Ethics or any
financial disclosure requirement, the Board shall schedule and conduct
a hearing concerning the complaint and all facts or circumstances
relating to the conduct of the local government officer or employee
which is relevant to the charge.
d.
As expeditiously as possible, the Board shall render a decision on
the charge which shall include a summary of the facts presented before
the Board, factual conclusions reached by the Board and a ruling as
to whether the conduct of the local government officer or employee
is in conflict with the Code of Ethics or any financial disclosure
requirement. No decision shall be rendered without the active participation
of at least 2/3 of all members of the Board; a member of the Board
who abstains from voting on the decision shall not be deemed by his
or her abstention alone not to have actively participated in the decision
making process.
e.
All hearings shall be conducted in conformity with the rules and
procedures, as applicable, provided for hearings held by a State agency
in contested cases in accordance with N.J.S.A. 52:14B-1, et seq.
f.
If a hearing is held by the Board, the local government officer or
employee charged with a violation of this section shall be accorded
due process of law, including but not limited to, his or her right
to counsel; right to prehearing discovery; right to take sworn oral
or written testimony from any person; right to receive reasonable
notice of hearing; right to subpoena persons and documents; right
to make a stenographic record of the hearing; and right to examine
and cross-examine witnesses.
g.
If the Board determines that the local government officer or employee
is in conflict with the Code of Ethics or any financial disclosure
requirement, it may impose any penalties which it believes appropriate
within the limits provided by this section.
[1972 Code § 4-15.10]
a.
An appointed local government officer or employee found guilty by
the Board of Ethics of violating any provision of any Code of Ethics
in effect pursuant to this section shall be fined no less than $100
nor more than $500, which penalty may be collected in a summary proceeding
in accordance with N.J.S.A. 2A:58-1 or its successor. The Board shall
report its findings to the office or agency having the power of removal
or discipline of the appointed local government officer or employee
and may recommend that further disciplinary action be taken.
b.
Any elected local government officer or employee of the Township
found guilty by the Board of the violation of any provision of any
Code of Ethics in effect pursuant to this section shall be fined not
less than $100 nor more than $500, which penalty may be collected
in a summary proceeding pursuant to N.J.S.A. 2A:58-1 or its successor.
c.
A finding by the Board that an appointed local government officer
or employee of the Township is guilty of violating any provision of
any Code of Ethics in effect pursuant to this section shall be sufficient
cause for the removal, suspension or demotion of the local government
officer or employee or for other disciplinary action instituted by
the officer or agency having the power of removal or discipline over
the local government officer or employee.
[1972 Code § 4-15.11]
All statements, complaints, requests and other written materials
filed with the Board of Ethics pursuant to this section, and all rulings,
opinions, judgments, transcripts or other official papers prepared
pursuant to this section, shall be preserved for at least five years
and may be discarded following the fifth anniversary of January 1
next succeeding the submission filing for preparation of the document,
as the case may be.
