[HISTORY: Adopted by the Mayor and Council of the Borough of Shrewsbury 7-8-1991
by Ord. No. 627 (Ch. 6 of the 1973 Code). Amendments noted
where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 5.
There shall be a Municipal Ethics Board in and for the Borough, established in accordance with the provisions of N.J.S.A. 40A:9-22.1 et seq. (Chapter 29 of the Laws of 1991).
The Municipal Ethics Board shall consist of six members who are residents
of the Borough of Shrewsbury, at least two of whom shall be public members.
The members of the Ethics Board shall be appointed by the governing body of
the municipality. 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.
The members shall serve for terms of five years; except that of the
members initially appointed, two of the public members shall be appointed
to serve for terms of four years, and the remaining members shall be appointed
to serve for terms of three years. Each member shall serve until his successor
has been appointed and qualified. Any vacancy occurring in the membership
of the Ethics Board shall be filled in the same manner as the original appointment
for the unexpired term.
The members of the Municipal Ethics Board shall annually elect a Chairman
from among the membership.
A.
Members of the Ethics Board shall serve without compensation
but shall be reimbursed by the municipality for necessary expenses incurred
in the performance of their duties under this chapter.
B.
The governing body of the municipality shall provide
the Municipal Ethics Board with offices for the conduct of its business and
the preservation of its records and shall supply equipment and supplies as
may be necessary.
C.
All necessary expenses incurred by the Municipal Ethics
Board and its members shall be paid, upon certification of the Chairman, by
the Municipal Chief Financial Officer within the limits of funds appropriated
by the municipal governing body by annual or emergency appropriations for
those purposes.
D.
The Municipal Ethics Board may appoint employees, including
independent counsel, and clerical staff as are necessary to carry out the
provisions of this chapter within the limits of funds appropriated by the
municipal governing body for those purposes.
A.
Within 90 days after the establishment of a Municipal
Ethics Board, that Ethics Board shall promulgate by resolution a Municipal
Code of Ethics for all local government officers and employees serving the
municipality. Local government officers and employees serving a municipal
independent authority shall be deemed to be serving the municipality for purposes
of this chapter.
B.
The Municipal Code of Ethics so promulgated shall be
either identical to the provisions set forth in Section 15 of the Local Government
Ethics Act (N.J.S.A. 40A:9-22.15) or more restrictive, but shall not be less
restrictive. Within 15 days following the promulgation thereof, the Municipal
Code of Ethics and a notice of the date of the public hearing to be held thereon
shall be published in at least one newspaper circulating within the municipality
and shall be distributed to the Municipal Clerk and to the heads of the local
government agencies serving the municipality for circulation among the local
government officers and employees serving the municipality. The Municipal
Ethics Board shall hold a public hearing on the Municipal Code of Ethics not
less than 30 days following its promulgation at which any local government
officer or employee serving the municipality and any other person wishing
to be heard shall be permitted to testify. As a result of the hearing, the
Ethics Board may amend or supplement the Municipal Code of Ethics as it deems
necessary.
(1)
If the Municipal Code of Ethics is not identical to the
provisions set forth in Section 15 of the Local Government Ethics Act, the
Municipal Ethics Board shall thereafter submit the Municipal Code of Ethics
to the Local Finance Board for approval. The Board shall approve or disapprove
a Municipal Code of Ethics within 60 days following receipt. If the Board
fails to act within that period, the Municipal Code of Ethics shall be deemed
approved. A Municipal Code of Ethics requiring Board approval shall take effect
for all local government officers and employees serving the municipality 60
days after approval by the Board.
(2)
A Municipal Code of Ethics identical to the provisions
set forth in Section 15 of the Local Government Ethics Act shall take effect
10 days after the public hearing held thereon. The Municipal Ethics Board
shall forward a copy of the Municipal Code of Ethics to the Municipal Clerk
and shall make copies of the Municipal Code of Ethics available to local government
officers and employees serving the municipality.
A Municipal Ethics Board shall have the power to:
A.
Initiate, receive, hear and review complaints and hold
hearings with regard to possible violations of the Municipal Code of Ethics
or financial disclosures requirement by local government officers or employees
serving the municipality.
B.
Issue subpoenas for the reduction of documents and the
attendance of witnesses with respect to its investigation of any complaint
or to the holding of a hearing.
C.
Forward to the County Prosecutor or the Attorney General
or other governmental body any information concerning violations of the Municipal
Code of Ethics or financial disclosure requirements by local government officers
or employees serving the municipality which may become the subject of criminal
prosecution or which may warrant the institution of other legal proceedings
by the Attorney General.
D.
Render advisory opinions to local government officers
or employees serving the municipality as to whether a given set of facts and
circumstances would constitute a violation of any provision of the Municipal
Code of Ethics or financial disclosure requirements.
E.
Enforce the provisions of the Municipal Code of Ethics
and financial disclosure requirements with regard to local government officers
or employees serving the municipality and to impose penalties for the violation
thereof as are authorized by this chapter.
F.
Adopt rules and regulations and to do other things as
are necessary to implement the purposes of this chapter.
A local government officer or employee serving the municipality may
request and obtain from the Municipal Ethics Board an advisory opinion as
to whether any proposed activity or conduct would in its opinion constitute
a violation of the Municipal Code of Ethics or any financial disclosure requirements.
Advisory opinions of the Municipal Ethics Board shall not be made public,
except when the Ethics Board, 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 unless the Ethics Board,
in directing that the opinion be made public, so determines.
A.
The Municipal Ethics Board, upon receipt of a signed
written complaint by any person alleging that the conduct of any local government
officer or employee serving the municipality is in conflict with the Municipal
Code of Ethics or financial disclosure requirements, shall acknowledge receipt
of the complaint within 30 days of receipt and initiate an investigation concerning
the facts and circumstances set forth in the complaint. The Ethics Board shall
make a determination as to whether the complaint is within its jurisdiction
or frivolous or without any reasonable factual basis. If the Ethics 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 local government officer
or employee against whom the complaint was filed. Otherwise, the Ethics Board
shall notify the local government officer or employee against whom the complaint
was filed of the nature of the complaint and the facts and circumstances set
forth therein. The officer or employee shall have the opportunity to present
the Ethics Board with any statement or information concerning the complaint
which he wishes. Thereafter, if the Ethics Board determines that a reasonable
doubt exists as to whether the local government officer or employee is in
conflict with the Municipal Code of Ethics or any financial disclosure requirements,
it shall conduct a hearing in the manner prescribed by Section 12 of the Local
Government Ethics Act (N.J.S.A. 40A:9-22.12), concerning the possible violation
and any other fact with respect to the conduct of the local government officer
or employee. The Ethics Board shall render a decision as to whether the conduct
of the officer or employee is in conflict with the Municipal Code of Ethics
or any financial disclosure requirements. This decision shall be made by no
less than 2/3 of all members of the Ethics Board.
B.
If the Ethics 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 limitations
of this chapter. A final decision of the Ethics Board may be appealed to the
Local Finance Board within 30 days of the decision.
C.
All statements, complaints, requests or other written
materials filed pursuant to this chapter, and any rulings, opinions, judgments,
transcripts or other official papers prepared pursuant to this chapter, shall
be preserved for a period of at least five years from the date of filing or
preparation, as the case may be.
