Editor's Note: The power to adopt personnel regulations
is an incident of the general grant of legislative power to municipalities,
N.J.S.A. 40:48-2.
[1984 Code § 5-1.1]
[1984 Code § 5-1.2]
The Council may by ordinance abolish, increase, decrease or
modify the terms and compensation of any office of the Borough, except
that the Borough Council may not abolish or alter the terms of an
office that has been or is created by general law. Except where an
office is abolished, no decrease or modification of its terms and
compensation shall affect any incumbent holding such office for the
duration of the term for which he was appointed.
[1984 Code § 5-2.1]
All employees, officers and department heads of the Borough
shall be appointed and promoted by the Mayor, with the advice and
consent of the Council, except as may be otherwise provided by general
law.
[1984 Code § 5-2.2]
Original appointments to fill vacancies or for new positions
shall be limited to qualified persons who have been interviewed or
tested concerning such factors as education, experience, aptitude,
knowledge, character and physical and mental fitness.
[1984 Code § 5-2.3]
Provided they are qualified for the positions for which they
have applied, preference shall be given in appointments to vacancies
and new positions, first to employees of the Borough and secondly,
to persons who are residents of the Borough at the time of their appointment.
[1984 Code § 5-2.4]
Applicants for employment shall apply on forms provided by the
Clerk and which have been designed to obtain pertinent information
concerning the applicant's education, training, experience, character
and other factors necessary to determine his fitness and qualification
for service to the Borough. All applications shall be filed with the
Clerk.
[1984 Code § 5-2.5]
The Clerk shall be charged with processing all applications
for appointment to vacancies or new positions, and reporting thereon
to the Council. Where it appears that an applicant is otherwise qualified
for employment, the Clerk shall require that the applicant furnish
evidence that he is physically fit for the position for which he seeks
employment.
[1984 Code § 5-2.6]
An applicant for employment may be rejected where he:
a.
Is not qualified for appointment to the position for which he has
applied;
b.
Is physically unfit to perform the duties of the position for which
he has applied;
c.
Is addicted to the habitual or excessive use of drugs or intoxicants;
d.
Has been convicted of any crime or offense, including disorderly
persons offenses involving moral turpitude;
e.
Has received other than an honorable discharge from the Armed Services
of the United States;
f.
Has been dismissed from previous employment for delinquency, insubordination
or misconduct;
g.
Has practiced or attempted to practice any deception or fraud in
his application or in furnishing other evidence of eligibility for
appointment;
h.
Is not within age limits that have been established for the position
for which he seeks appointment.
[1984 Code § 5-3.1]
Except when provided by law, every person appointed to a new
position shall be deemed to be on probation in the position to which
he shall have been appointed for a period of three months but such
probation shall not affect permanent status of any other Borough employment
that such person may have achieved. Prior to his completion of the
probationary period, the employee or officer shall be evaluated by
the Council to determine whether he shall be granted permanent status
or dismissed. The Council may require reports and recommendations
from immediate superiors and department heads for this purpose. In
accordance with N.J.S.A. 52:17B-69, a probationary or temporary appointment
as a Police Officer may be made for a total period not exceeding one
year for the purpose of enabling a person seeking permanent appointment
to take a police training course as required by law.
[1984 Code § 5-3.2]
The Clerk shall initiate a personnel file for each new employee
and all records of such employee concerning qualification, permanent
status, work history, accumulated vacation and sick leave, leave time
and the like shall be maintained for such employee in such file. The
Clerk shall make such files available for inspection by the employee
on a reasonable basis.
[1984 Code § 5-3.3]
The official office hours of the Borough are 9:00 a.m. to 3:00
p.m., prevailing time, Monday through Friday. The hours of work for
employees, including lunch hours, shall be specified by the Council.
[1984 Code § 5-4.2]
a.
The following holidays shall be observed by the Borough:
New Year's Day
Martin Luther King, Jr. Day
Lincoln's Birthday
Washington's Birthday
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Day
b.
No full-time officer or employee shall be required to work on holidays except in the event of an emergency. For work on a holiday, officers and employees shall be compensated therefor by being granted time off at a time to be scheduled by their department supervisor; except Public Works employees shall be compensated as provided under subsection 11-9.3, paragraph a.
c.
Due to the emergency nature of the work of the Police Department
the provisions of this subsection shall not be applicable to Officers
of the Department in the ranks of patrolmen, sergeant, lieutenant
and captain. In lieu thereof, the officers shall receive the benefits
provided in the current contract of the Borough with the bargaining
unit representing the Officers. The dispatcher shall receive compensatory
time off as scheduled by the Chief of Police.
d.
"Stand-by" for Department of Public Works employees. One employee
in the Public Works Department shall be available for employment by
the Department on each weekend and on each holiday described in paragraph
a. The employee on stand-by shall be compensated at the current rate
established. Any employee who is called into work shall be guaranteed
a minimum of three hours pay at the designated overtime rate. The
Superintendent may designate an additional stand-by as he deems necessary
with the approval of the DPW Commissioner. If additional employees
are called in, the three hour minimum will apply.
e.
A holiday falling on Sunday shall be observed on the following Monday;
a holiday falling on Saturday shall be observed on the preceding Friday.
f.
Should a holiday occur during an employee's vacation or other
leave of absence an alternate day off shall be scheduled. Should a
holiday occur during a sick leave it shall not be charged to accumulated
sick days.
[1984 Code § 5-4.3; Ord. No. 843]
All full-time employees of the Borough of Haworth shall be entitled
to the following vacation schedule:
|
Years of Service
|
Amount of Vacation
|
|---|---|
|
0 - 1 Year
|
One day for each month of service to a maximum of 10 days in
the calendar year
|
|
First Year to Fifth Year
|
10 days vacation
|
|
Sixth Year to Tenth Year
|
15 days vacation
|
|
Eleventh Year to Fifteenth Year
|
16 days plus one additional day for each additional year of
service
|
|
Sixteenth Year to Twentieth Year
|
21 days
|
|
Twenty-First Year and Over
|
26 days
|
All vacations shall be taken during the current year and vacation
time shall not be accumulated. Insofar as possible, vacations shall
be scheduled between July 1 and December 31.
[1984 Code § 5-4.4]
a.
Defined; Proof of Need of Leave. Sick leave is defined to mean absence
from post of duty of an employee because of illness, accident, exposure
to contagious disease, attendance upon a member of the employee's
immediate family seriously ill requiring the care or attendance of
such employee, or absence caused by death in the immediate family
of the employee. A certificate of a reputable physician in attendance
shall be required as sufficient proof of need of leave of absence
of the employee or the need of the employee's attendance upon
a member of his immediate family. In the case of an illness of a chronic
or recurring nature causing an employee's periodic or repeated
absence from duty for one day or less, only one medical certificate
shall be required for every six month period as a sufficient proof
of need of leave of absence of the employee; provided, however, the
certificate must specify that the chronic or recurring nature of the
illness is likely to cause subsequent absences from employment. In
the case of leave of absence due to contagious disease a certificate
from the Department of Health shall be required. In case of death
in the family of the employee, any reasonable proof required by the
department head shall be sufficient.
b.
Accumulation. An employee shall, in addition to his annual vacation
leave with pay, be granted sick leave with pay of one working day
for every month of service during the remainder of the first calendar
year of service following permanent appointment and 15 working days
in every calendar year thereafter. If any employee requires none or
only a portion of the allowable sick leave for any calendar year,
the amount of such leave not taken shall accumulate to his credit
from year to year and such employee shall be entitled to such accumulated
sick leave if and when needed; provided that no employee who may be
disabled either through injury or illness as a result of or arising
from his respective employment shall be required to utilize his accumulated
sick leave during the period of disability. In computing the accumulation
of sick leave, the years of service of such employee prior and subsequent
to the adoption of this chapter shall be used.
[1984 Code § 5-4]
a.
When an employee is injured in the line of duty, the Council shall,
pursuant to N.J.S.A. 40:11-8, pass a resolution giving the employee
up to one year's leave of absence with pay. When such action
is taken the employee shall not be charged any sick leave time for
time lost due to such injury.
b.
Prior to the passage of the resolution referred to in paragraph a.,
a contract shall be executed between the employee and the Borough
setting forth that the employee shall reimburse the Borough for monies
he may receive as temporary disability under workmen's compensation.
[1984 Code § 5-4.6]
Leave with pay not exceeding three days shall be granted to
an employee in the event of death in his immediate family. The term
"immediate family" for the purpose of this subsection shall include:
[1984 Code § 5-4.7]
Employees shall not accept outside employment or engage in outside
business activities where there is reasonable probability that such
outside employment will interfere with the employee's performance
or compromise his position with the Borough through a conflict of
interest.
[Ord. No. 843]
Upon retirement in accordance with the Public Employees Retirement
System, a cash payment shall be made to each full-time Borough employee.
This payment shall be a sum equal to the current base daily salary
times 1/2 the number of accumulated sick days of that employee to
a maximum payment not to exceed 100 days.
[1984 Code § 5-5.1]
An employee who has acquired permanent status may be disciplined
in accordance with general law and this chapter by any of the following
actions, which are stated in order of severity, for the causes stated
in this section by a department head or the Council, except that no
employee shall be suspended or dismissed without the approval of the
Council.
[1984 Code § 5-5.2]
The causes for which disciplinary action may be invoked are
the following:
a.
Neglect of duty.
b.
Absence without leave or failure to report after authorized leave
has expired, or after such leave has been disapproved or revoked;
provided, however, that any regular member or officer of the Police
Department who shall be absent from duty without just cause for a
term of five days continuously and without leave of absence shall,
at the expiration of such five days, cease to be a member of the Police
Department as provided by N.J.S.A. 40:47-3, as amended.
c.
Incompetency or inefficiency or incapacity due to mental or physical
disability.
d.
Insubordination or serious breach of discipline.
e.
Intoxication while on duty.
f.
Commission of a criminal act.
g.
Disobedience of a rule or regulation of the Borough.
h.
Conduct unbecoming a public employee.
[1984 Code § 5-5.3]
Any employee disciplined under the provisions of this section
shall, upon request, be granted a hearing before the Mayor and Council.
A reasonable opportunity for such hearing shall be granted before
the imposition of disciplinary action, except that an employee may
be summarily suspended if it is deemed that the circumstances so warrant.
In such case if, after hearing, it appears that the suspension was
not proper, the Council may order reinstatement with pay.
[1984 Code § 5-6]
It is hereby declared to be the policy of the Borough to recognize
and encourage meritorious actions on the part of its officers and
employees. To this end, letters of commendation concerning Borough
employees from their superiors and from members of the public with
whom they deal shall be directed to the attention of the Council,
and then recorded in the employee's personnel file. In addition,
the Council may, on its own motion, commend the work of particular
officers and employees and cause such commendation to be inserted
in their personnel files.
[1984 Code § 5-7]
Every officer or employee of the Borough who, by virtue of his
office or position, is entrusted with the receipt, custody or expenditure
of public money or funds, and any other officer or employee who may
be required to do so by the Council shall, before entering upon the
duties of his office or position, execute and deliver a surety bond
in such amount as may be fixed by the Council, binding him to the
Borough in its corporate name and conditioned upon the true and faithful
performance of his duty. Each officer or employee required by law
to give bond shall execute such bond with sufficient surety and deliver
the same to the Clerk, except that the Clerk shall deliver his bond
to the Treasurer, before he enters upon the discharge of his duties
of the office or employment.
If any officer or employee shall neglect to execute and deliver
his bond as herein required within 30 days after due notification
of his election or appointment, his office or position may be declared
vacant.
In every case in which any person is required by the laws of
the State or by any ordinance of the Borough to give a bond for the
faithful performance of his duties, such bond shall be secured by
a corporate surety authorized to do business in this State and the
premium therefor shall be paid by the Borough. Each such bond shall
be approved by the Borough Attorney as to form and sufficiency, and
nothing in this section shall be construed to prevent the use of one
or more blanket bonds when so approved.
[1984 Code § 5-9.1; Ord. No. 769 § 1; Ord. No. 796 § 1]
a.
Officers and employees shall be compensated by payment of annual
salaries or hourly rates of pay. All compensation shall be paid in
equal bi-weekly installments except that compensation for temporary
or part-time officers and employees shall be paid at convenient times
as services are rendered.
b.
Salary schedules, although not codified, are adopted by reference
as though fully set forth herein. Copies of the aforementioned schedules
are on file in the office of the Borough Clerk.
[1984 Code § 5-9.2; Ord. No. 848; Ord. No. 2013-10]
a.
Each full-time employee of the Borough of Haworth shall receive a
longevity payment representing 1% of his base annual salary after
three years of completed service. Thereafter, (after the third year)
each employee shall be paid an additional 1% for every three years
of completed service to a maximum of 8%. All longevity payments shall
be paid as part of the employee's regular pay.
b.
Notwithstanding the provisions of this subsection, unless otherwise
provided by any duly adopted collective bargaining agreement in effect
on the effective date of this paragraph b[1] (but not any renewal, substitution or replacement thereof),
no Borough employee commencing work on or after January 1, 2014 shall
be entitled to any longevity pay.
[1]
Editor's Note: Paragraph b was adopted 12-23-13 by Ord.
No. 2013-10.
[1984 Code § 5-9.3]
a.
Employees shall be expected to work an eight hour day and a 40 hour
week as scheduled by the Public Works Principal Manager. The current
contract shall prevail.
[1984 Code § 5-10.1; Ord. No. 990 § 1]
All full-time officers and employees of the Borough and their
dependants shall be covered by a hospitalization policy of insurance.
The Borough shall have the option of requiring full-time officers
and employees to contribute to the cost of such policy, by means of
co-payments through payroll deductions.
[1984 Code § 5-11]
Current contracts negotiated by the Borough and representatives
of units of personnel of the Borough are confirmed by this section
and incorporated herein by reference. Copies of each contract shall
be maintained in the office of the Borough Clerk.
[Ord. No. 827 § 5-12.1]
The purpose of the Mayor and Council is to adopt a formal policy
on sexual harassment which shall be distributed to every employee
of the Borough and which shall be strictly enforced.
[Ord. No. 827 § 5-12.2]
As used in this section:
Shall mean unwelcome sexual advances, requests for sexual
favors and other verbal or physical conduct based on gender when:
|
Submission to such conduct is made either explicitly or implicitly
a term or condition of an individual's employment; or
| |
|
Submission to or rejection of such conduct by an individual
is used as the basis for employment decisions affecting such individual;
or
| |
|
Such conduct has the purpose or effect of unreasonably interfering
with an individual's work performance or creating an intimidating,
hostile or offensive working environment including but not limited
to:
| |
|
Gender Harassment:
|
Generalized gender-based remarks and behavior.
|
|
Seductive Behavior:
|
Inappropriate, unwanted, offensive physical or verbal sexual
advances.
|
|
Sexual Bribery:
|
Solicitation of sexual activity or other sex-linked behavior
by promise of reward.
|
|
Sexual Coercion:
|
Coercion of sexual activity by threat of punishment.
|
|
Sexual Assault:
|
Gross sexual imposition such as touching, fondling, grabbing
or assault.
|
|
EXAMPLES OF PROHIBITED CONDUCT
|
|---|
|
TABLE 1
|
|
1. Demanding sexual favors in exchange for favorable reviews,
assignments, promotions, continued employment or promises of the same;
|
|
2. Demanding sexual activity by threat of punishment;
|
|
3. Continued or repeated sexual jokes, languages, epithets,
flirtation, advances or propositions;
|
|
4. Verbal abuse of a sexual nature;
|
|
5. Graphic verbal commentary about an individual's body,
sexual prowess or sexual deficiencies;
|
|
6. Sexually degrading or vulgar words to describe an individual;
|
|
7. Leering, whistling, touching, pinching, brushing the body,
assault, coerced sexual acts, or suggestive, insulting, or obscene
comments or gestures;
|
|
8. The display in the workplace of sexually suggestive objects,
pictures, posters or cartoons;
|
|
9. Name calling, relating stories, gossip, comments or jokes
that may be derogatory toward a particular sex;
|
|
10. The display of sexually suggestive graffiti;
|
|
11. Retaliation against employees for complaining about such
behaviors;
|
|
12. Asking questions about sexual conduct or sexual orientation
or preferences;
|
|
13. Harassment consistently targeted at only one sex, even if
the content of the verbal abuse is not sexual.
|
[Ord. No. 827 § 5-12.3]
All employees, female or male, shall be permitted to work in
an environment free from all forms of unlawful discrimination and
conduct which can be considered harassing, coercive or disruptive,
including sexual harassment. Sexual harassment is a form of employee
misconduct which undermines the integrity of the employment relationship.
Sexual harassment debilitates morale and interferes with work productivity
and, therefore will not be tolerated.
[Ord. No. 827 § 5-12.4]
a.
Supervisory. In order to ensure the integrity of the work environment,
supervisory personnel are required to ensure adherence to and compliance
with this policy; and, upon being informed of possible sexual harassment,
are required to take appropriate immediate action in response, including
informing employees of their right to file a discrimination complaint
with the Administrator.
b.
Employee. Employees are encouraged, whether directly or through a
third party, to notify the alleged harasser that the behavior in question
is offensive and unwelcome. However, failure to do so does not preclude
filing a complaint. Employees are encouraged to promptly report all
alleged incidents of sexual harassment to the Administrator.
c.
Contents of Filing. The complaint filed must include the following
information:
1.
The name and department of the complainant;
2.
The name and department of the charged party;
3.
The nature and circumstances, in detail, of the alleged sexual harassment,
including but not limited to, the injuries or consequences suffered
by the complainant, the names of any witnesses to such actions and
the duration of the actions questioned; and
4.
Whether such harassment has been previously reported to a supervisor
or other person, and if so, when and to whom.
d.
Nothing in this section shall prevent the complainant from providing
other information or documents they believe are essential to the fair
adjudication of their case.
e.
The initial complaint may be made orally or in writing. If the complaint
is made orally, the Administrator shall reduce same to a written document,
which shall, if it is deemed accurate, be signed by the complainant.
f.
The Borough Administrator is hereby designed as the sexual harassment
officer. The Chief of Police of the Borough is hereby designated as
the alternate officer. Persons who, by reason of the circumstances,
are uncomfortable directing a complaint to the Administrator may report
same to the alternate officer.
[Ord. No. 827 § 5-12.5]
A complaint of sexual harassment shall be investigated by the
Administrator in a timely manner and shall include, but not be limited
to:
a.
Interviewing the complainant in detail;
b.
Interviewing all potential witnesses, including those persons who
have knowledge of similar incidents;
c.
Interviewing the charged party in detail;
d.
Reviewing municipal files for similar incidents involving the complainant
and the charged party;
e.
Assessing the presence or absence of corroborative evidence for either
party.
[Ord. No. 827 § 15-12.6]
To the extent possible, the sexual harassment investigative
proceedings will be conducted in a manner to protect the confidentiality
of the complainant, the alleged harasser and all witnesses. All parties
involved in the proceedings will be advised to maintain strict confidentiality,
from the initial meeting to the final decision, to safeguard the privacy
and reputation of all involved.
[Ord. No. 827 § 15-12.7]
It shall be a violation of this policy for any employee to take
reprisals against any person because she/he has filed a complaint,
testified or assisted in any proceeding under this policy. Threats,
other forms of intimidation, and/or retaliation against the complaint
or any other party based on involvement in the complaint process may
be cause for disciplinary action.
[Ord. No. 827 § 5-12.8]
All complaints will be addressed by the Borough Administrator,
the alleged harasser will be notified once a formal complaint is filed
with the Administrator. A finding of no probable cause as a result
of an investigation does not necessarily establish that an accusation
is false. However, this policy shall not be used to intentionally
bring frivolous or malicious charges against an employee.
Disciplinary action for employees found in violation of this
policy may be progressive in nature, but not required to be, and may
include:
Written reprimand
Suspension (with or without pay)
Demotion
Termination
Referral to the criminal justice system
[Ord. No. 827 § 5-12.10]
To the extent permitted by law, the Borough will not be liable
for damage obtained as a result of a decision of non-local agency
or court of superior administrative remedies described herein.
[Ord. No. 827 § 5-12.11]
Employees of the Borough shall be provided with training by
a person trained to lead or implement such training which shall include
a detailed discussion of the following:
a.
A detailed explanation of what constitutes sexual harassment;
b.
The procedures for filing a sexual harassment charge;
c.
The procedures to be followed in the investigation of a sexual harassment
charge;
d.
Management's obligation regarding incidents of sexual harassment;
e.
Record keeping requirements.
[Ord. No. 827 § 5-12.12]
Since a charge of sexual harassment is a grave and serious one,
false accusations of sexual harassment are, and will be treated as,
a disciplinary offense and will result in a level of punishment appropriate
for a person actually engaging in such behavior.
[1]
Editor's Note: Prior ordinance history includes portions
of Ordinance Nos. 639, 640 and 690.
[Ord. No. 11-03]
The Mayor and Council of the Borough of Haworth find and declare
that:
a.
Public office and employment are a public trust;
b.
The vitality and stability of representative democracy depend upon
the public's confidence in the integrity of its elected and appointed
representatives;
c.
Whenever the public perceives a conflict between the private interests
and the public duties of a government officer or employee, that confidence
is imperiled;
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;
e.
It is the purpose of this section to provide a method of assuring
that standards of ethical conduct and financial disclosure requirements
for local government officers and employees shall be clear, consistent,
uniform in their application, and enforceable on a Borough-wide basis,
and to provide local officers or employees with advice and information
concerning possible conflicts of interest which might arise in the
conduct of their public duties.
[Ord. No. 11-03]
As used in this section:
Shall mean the Local Finance Board in the Division of Local
Government Services in the Department of Community Affairs.
Shall mean any corporation, partnership, firm, enterprise,
franchise, association, trust, sole proprietorship, union or other
legal entity.
Shall mean in the case of a municipality, the commission,
council, board or body, by whatever name it may be known, having charge
of the finances of the municipality and, in the case of a county,
the board of chosen freeholders, or in the case of a county having
adopted the provisions of the "Optional County Charter Law," P.L.
1972, c.154 (C.40:41A-1 et seq.), as defined in the form of government
adopted by the county under that act.
Shall mean the ownership or control of more than 10% of the
profits, assets or stock of a business organization but shall not
include the control of assets in a nonprofit entity or labor union.
Shall mean any agency, board, governing body, including the
chief executive officer, bureau, division, office, commission or other
instrumentality within a county or municipality, and any independent
local authority, including any entity created by more than one county
or municipality, which performs functions other than of a purely advisory
nature, but shall not include a school board.
Shall mean any person, whether compensated or not, whether
part-time or full-time, employed by or serving on a local government
agency who is not a local government officer, but shall not mean any
employee of a school district.
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, approved 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," P.L. 1941, c.100
(C34:13A-3), but shall not mean any employee of a school district
or member of a school board.
Shall mean a local government officer or a local government
employee.
Shall mean the spouse or dependent child or a local government
officer or employee residing in the same household.
[Ord. No. 11-03]
a.
There is hereby created and established a Board of Ethics, consisting
of six persons who are residents of the Borough of Haworth, at least
two of whom shall be public members. The members of the Board of Ethics
shall be appointed by the Mayor and 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
members of the ethics board shall be of the same political party.
b.
Each member of the Council may put forth the names of at least one,
but not more than two candidates for membership on the Board of Ethics.
From the names nominated, the Borough Council shall appoint the members
by majority vote.
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 of Ethics shall
be filled in the same manner as the original appointment for the unexpired
term.
d.
The members of the Board of Ethics shall annually elect a Chairperson
from among the membership and shall adopt rules for the conduct of
the Board's business, including a schedule of annual meeting
dates.
e.
Members of the Board of Ethics shall serve without compensation but
shall be reimbursed by the Borough for necessary expenses incurred
in the performance of their duties.
[Ord. No. 11-03]
a.
The Governing Body of the Borough of Haworth shall provide the Board
of Ethics with a nonexclusive office for the conduct of its business
and the preservation of its records, and shall supply equipment and
supplies as may be necessary.
b.
All necessary expenses incurred by the Board of Ethics and its members
shall be paid, upon certification by the Chair, by the Borough Treasurer
within the limits of funds appropriated by the Governing Body by annual
or emergency appropriations for those purposes.
c.
The Board of Ethics may appoint employees, including independent
counsel, who shall not be a resident of the Borough of Haworth, and
clerical staff as are necessary to carry out the provisions of this
section within the limits of funds appropriated by the Governing Body
for those purposes.
[Ord. No. 11-03]
Within 90 days after its establishment, the Board of Ethics
shall promulgate by resolution a Code of Ethics for all local government
officers and employees serving the Borough of Haworth, consistent
with the provisions of N.J.S.A. 40A:9-22.21. The Code of Ethics shall
be either identical to the provisions set forth in N.J.S.A. 40A:9-22.5
or more restrictive, but shall not be less restrictive.
[Ord. No. 11-03]
a.
Local government officers shall annually file a financial disclosure
statement. All financial disclosure statements filed pursuant to this
section shall be on forms provided by the Local Finance Board and
shall include the following information which shall specify, where
applicable, the name and address of each source and the local government
officer's job title:
1.
Each source of income, earned or unearned, exceeding $2,000 received
by the local government officer or a member of his immediate family
during the preceding calendar year. Individual client fees, customer
receipts or commissions on transactions received through a business
organization need not be separately reported as sources of income.
If a publicly traded security is the source of income, the security
need not be reported unless the local government officer or member
of his immediate family has an interest in the business organization;
2.
Each source of fees and honorariums having an aggregate amount exceeding
$250 from any single source for personal appearances, speeches or
writings received by the local government officer or a member of his
immediate family during the preceding calendar year;
3.
Each source of gifts, reimbursements or prepaid expenses having an
aggregate value exceeding $400 from any single source, excluding relatives,
received by the local government officer or a member of his immediate
family during the preceding calendar year;
4.
The name and address of all business organizations in which the local
government officer or a member of his immediate family had an interest
during the preceding calendar year; and
5.
The address and brief description of all real property in the State
in which the local government officer or a member of his immediate
family held an interest during the preceding calendar year.
b.
The Local Finance Board shall prescribe a financial disclosure statement
form for filing purposes and shall transmit sufficient copies of the
form to the Haworth Board of Ethics for filing in accordance with
this section. The Board of Ethics shall make the forms available to
the local government officers of the Borough of Haworth. The original
financial disclosure statement shall be filed with the Borough Clerk,
and copies shall be filed with the Local Finance Board and the Haworth
Board of Ethics.
Financial disclosure statements shall be filed on or before
April 30th each year, except that each local government officer shall
file a financial disclosure statement within 30 days of taking office.
c.
All financial disclosure statements filed shall be public records.
[Ord. No. 11-03]
The Haworth Board of Ethics shall have the following powers:
a.
To initiate, receive, hear and review complaints and hold hearings
with regard to possible violations of the Municipal Code of Ethics
or financial disclosure requirements by local government officers
or employees serving the Borough of Haworth, consistent with N.J.S.A.
40A:9-22.24.
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 local government
officers or employees serving the Borough of Haworth which may become
the subject of criminal prosecution or which may warrant the institution
of other legal proceedings by the Attorney General.
d.
To render advisory opinions to local government officers or employees
serving the Borough of Haworth 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 local government officers or employees
serving the Borough of Haworth and to impose penalties for the violation
thereof as are authorized by N.J.S.A. 40A:9-22.10.
f.
To adopt rules and regulations and to do other things as are necessary
to implement the purposes of the Local Government Ethics Law, N.J.S.A.
40A:9-22.1, et seq., and this section.
[Ord. No, 11-03]
A local government officer or employee serving the Borough of
Haworth may request and obtain from the Board of Ethics an advisory
opinion as to whether any proposed activity or conduct would in its
opinion constitute a violation of the Haworth Code of Ethics or any
financial disclosure requirements. Advisory opinions of the Board
of Ethics shall not be made public, except when the Board of Ethics,
by the vote of 2/3 of all of its members, directs that the opinion
be made public. Public advisory opinions shall not disclose the name
of the local government officer or employee.
[Ord. No. 11-03]
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 at least five years from the date
of filing or preparation, as the case may be.
[Ord. No. 11-03]
a.
An appointed local government officer or employee found guilty by
the Board of Ethics of the violation of any provision of the Code
of Ethics in effect pursuant to P.L. 1991, c.29 (C.40A:9-22.1 et seq.),
shall be fined not less than $100 nor more than $500, which penalty
may be collected in a summary proceeding pursuant to "The Penalty
Enforcement Law of 1999," P.L. 1999, c.274 (C.2A:58-10 et seq.). The
Board of Ethics shall report its findings to the Mayor and Council
and may recommend that further disciplinary action be taken.
b.
An elected local government officer or employee found guilty by the
Board of Ethics of the violation of any provision of the Code of Ethics
in effect pursuant to P.L. 1991, c.29 (C.40A:9-22.1 et seq.), shall
be fined not less than $100 nor more than $500, which penalty may
be collected in a summary proceeding pursuant to "The Penalty Enforcement
Law of 1999," P.L. 1999, c.274 (C.2A:58-10 et seq.).
c.
The remedies provided herein are in addition to all other criminal
and civil remedies provided under the law.
