[HISTORY: Adopted by the Mayor and Council of the Borough of Cresskill 9-20-2000
by Ord. No. 00-17-1225. Amendments noted where applicable.]
This chapter shall be known as the "Borough of Cresskill Code of Ethics."
A.
The Mayor and Council of the Borough of Cresskill find
and declare that:
(1)
Public office and employment each are a public trust;
(2)
The vitality and stability of representative democracy
depend upon the public's confidence in the integrity of its elected and appointed
representatives;
(3)
Whenever the public perceives a conflict between the
private interests and public duties of a government officer or employee, that
confidence is imperiled; and
(4)
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.
B.
Purpose and authority. It is the purpose of this chapter
to provide a method of assuring that standards of ethical conduct requirements
for officers and employees of the Borough of Cresskill shall be clear, consistent,
uniform in their application, and enforceable on a Borough-wide basis, and
to provide officers or employees of the Borough of Cresskill with advice and
information concerning possible conflicts of interest which might arise in
the conduct of their public duties. This chapter is adopted under the authority
of the Local Government Ethics Law, P.L. 1991, c. 29,[1] and under the authority granted to the Borough of Cresskill pursuant
to the provisions of Titles 40 and 40A:9-22.19 of the New Jersey Statutes.
[1]
Editor's Note: See N.J.S.A. 40A:9-22.1 et seq.
As used in this chapter, the following terms shall have the meanings
indicated:
The Ethical Standards Board established in the Borough of Cresskill
pursuant to this chapter.
Any corporation, partnership, firm, enterprise, franchise, association,
trust, sole proprietorship, union or other legal entity.
The Mayor and Council of the Borough of Cresskill.
The ownership or control of more than 10% of the profits, assets
or stock of a business organization by a member of immediate family, but shall
not include the control of assets in a nonprofit entity or labor union.
Any agency, board, governing body, including the chief executive
officer, bureau, division, office, commission or other instrumentality within
the Borough of Cresskill, including any entity created by the Borough of Cresskill
which performs functions other than of a purely advisory nature, but shall
not include the School Board.
Any person, whether compensated or not, whether part-time or full-time,
employed by or serving the Borough of Cresskill or any agency thereof who
is not a local government officer, but shall not mean any employee of the
School Board.
An officer or an employee of the Borough of Cresskill.
A spouse or dependent child of an officer or employee of the Borough
of Cresskill who resides in the same household as such officer or employee.
Local government officers and employees under the jurisdiction of the
Borough of Cresskill Ethical Standards Board shall, subject to promulgation
by the Ethical Standards Board, comply with the following standards and provisions
or such other or different standards and provisions when promulgated by resolution
of the Ethical Standards Board appointed pursuant to N.J.S.A. 40A:9-22.19
and promulgated pursuant to N.J.S.A. 40A:9-22.21:
A.
No local government officer or employee or member of
his immediate family shall have an interest in a business organization or
engage in any business, transaction, or professional activity, which is in
substantial conflict with the proper discharge of his duties in the public
interest, and no local government officer or employee shall have an interest
in a business organization that does business with the Borough of Cresskill
unless approved by resolution of the Mayor and Council, the officer not voting;
B.
Restrictions following termination of office.
(1)
No local government agency shall, for a period of one
year next subsequent to the termination of office of a member of that agency:
(a)
Award any contract which is not publicly bid to a former
member of that agency;
(b)
Allow a former member of that agency to represent, appear
for or negotiate on behalf of any party before that agency; or
(c)
Employ or appoint for compensation, except pursuant to
open competitive examination in accordance with Title 11A of the New Jersey
Statutes and the rules and regulation promulgated pursuant thereto, any former
member of that agency.
(2)
The restrictions contained in this subsection shall also
apply to any business organization in which the former agency member holds
an interest.
C.
No local government officer or employee shall use or
attempt to use his official position to secure unwarranted privileges or advantages
for himself or others.
D.
No local government officer or employee shall act in
his official capacity in any matter where he or a member of his immediate
family, or a business organization in which he has an interest, has a direct
or indirect financial or personal involvement that might reasonably be expected
to impair his objectivity or independence of judgment.
E.
No local government officer or employee shall undertake
any employment or service, whether compensated or not, which might reasonably
be expected to prejudice his independence of judgment in the exercise of his
official duties.
F.
No local government officer or employee, a member of
his immediate family, or business organization in which he has an interest,
shall solicit or accept any gift, favor, loan, political contribution, service,
promise of future employment or other thing of value based upon an understanding
or knowledge of the recipient that the gift, favor, loan, contribution, service,
promise or other thing of value was given or offered for the purpose of influencing
him, directly or indirectly, in the discharge of his official duties. This
provision shall not apply to the solicitation or acceptance of contributions
to the campaign of any announced candidate for elective public office, if
the officer has no knowledge or reason to believe that the campaign contribution,
if accepted, was given with the intent to influence the officer in the discharge
of his official duties.
G.
No local government officer or employee shall use or
allow to be used his public office or employment, or any information not generally
available to the members of the public which he receives or acquires in the
course of and by reason of his office or employment, for the purpose of securing
financial gain for himself, any member of his immediate family or any business
organization with which he is associated or has an interest.
H.
No local government officer or employee or business organization
in which such officer or employee has an interest shall represent any person
or party, other than the Borough government agency, in connection with any
cause, proceeding, application or other matter pending before any agency in
the Borough of Cresskill. This provision shall not be deemed to prohibit one
Borough employee from representing another Borough employee where the Borough
government agency is the employer and the representation is within the context
of official labor union or similar representational responsibilities.
I.
No officer shall be deemed in conflict with these provisions
if, by reason of his participation in the enactment of any ordinance, resolution,
or other matter required to be voted upon or which is subject to executive
approval or veto, no material or monetary gain accrues to him as a member
of any business, profession, occupation or group to any greater extent than
any gain could reasonably be expected to accrue to any other member of such
business, profession, occupation or group.
J.
No elected officer of the Borough of Cresskill shall
be prohibited from making an inquiry for information on behalf of a constituent,
if no fee, reward or other thing of value is promised to, given to or accepted
by the officer or a member of his immediate family, whether directly or indirectly,
in return therefor.
K.
Nothing shall prohibit any local government officer or
employee or any members of his immediate family from representing himself,
or themselves, in negotiations or proceedings concerning his or their own
interests.
L.
No local government officer or employee shall breach
the confidentiality of a local government agency meeting in which the public
has been excluded pursuant to N.J.S.A. 10:4-12 (exceptions to the Open Public
Meetings Act); provided, however, that it shall not be a violation of this
Ethics Code if the breach of confidentiality is not proximately related to
the confidential purpose of the meeting and the breach of confidentiality
does not compromise the workings of the local government agency.
Local government officers shall annually file a financial disclosure
statement as required by N.J.S.A. 40A:9-22.6.
A.
There is hereby established the Borough of Cresskill
Ethical Standards Board which shall consist of six members who are residents
of the Borough of Cresskill, at least two of whom shall be public members.
Members shall be appointed by the Mayor and Council upon a 2/3 vote of the
entire Mayor and Council. 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 Board shall be of the same political
party.
B.
The members of the Board shall annually elect a Chairman
from among the membership.
C.
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 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 terms of three years. Each member shall serve until his successor
has been appointed and qualified. Any vacancy occurring in the membership
of the Board shall be filled in the same manner as the original appointment
for the unexpired term.
D.
Members of the Board shall serve without compensation,
but shall be reimbursed by the Borough for necessary expenses incurred in
the performance of their duties under this chapter, provided that said expenses
are approved by the Mayor and Council, which approval shall not be unreasonably
denied.
A.
The governing body shall provide the Board with nonexclusive
offices for the conduct of its business and for the preservation of its records
and shall supply equipment and supplies as may be necessary.
B.
All necessary expenses incurred by the Board and its
members shall be paid, upon certification of its Chairman, by the Borough
Treasurer within the limits of funds appropriated by the governing body by
annual or emergency appropriations for those purposes. No expenses above the
annual appropriations amount shall be incurred by the Board without prior
approval of the Mayor and Council.
C.
The 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 governing body for those purposes as provided in § 23-7B. In addition, the Board may request and receive assistance from other Borough officers and employees, including the Borough Clerk, but not the Borough Attorney. Any counsel hired by the Board shall be paid at not more than the hourly rate paid to the Borough Attorney.
A.
Within 90 days after the appointment of the Borough Ethical
Standards Board, the Board shall, by resolution, promulgate a Code of Ethics
for all local government officers and employees serving the Borough.
B.
The Code of Ethics to be promulgated by the Board shall be either identical to the provisions set forth in § 23-4 of this chapter or more restrictive, but shall not be less restrictive.
C.
Within 15 days following the promulgation thereof, the
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 Borough
and shall be distributed to the Borough Clerk for circulation among the local
government officers and employees serving the municipality.
D.
The Board shall hold a public hearing on the Code of
Ethics not later 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 Board may amend or supplement the Code of Ethics as it deems necessary.
If the Code of Ethics is not identical to the provisions set forth in N.J.S.A.
40A:9-22.5, the Board shall thereafter submit the Code of Ethics to the New
Jersey Local Finance Board for approval. If the New Jersey Local Finance Board
fails to act within 60 days following its receipt of the Code of Ethics, then
the Code of Ethics shall be deemed to be approved as submitted.
E.
If the Code of Ethics requires approval of the New Jersey
Local Finance Board, then the Code of Ethics shall take effect for all local
government officers and employees serving the Borough 60 days after approval
by the New Jersey Local Finance Board.
F.
If the Code of Ethics is identical to the provisions
set forth in N.J.S.A. 40A:9-22.5, then the Code of Ethics shall take effect
10 days after the public hearing held thereon.
G.
The Board shall forward a copy of the Code of Ethics,
as is approved by the New Jersey Local Finance Board, to the Municipal Clerk
and shall make copies of the Code of Ethics available to local government
officers and employees serving the municipality.
The Borough of Cresskill Ethical Standards Board shall have the following
powers:
A.
To initiate, receive and review complaints and hold hearings
with regard to possible violations of this chapter, the Code of Ethics or
financial disclosure requirements by local government officers or employees
serving the municipality.
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 this chapter,
the Code of Ethics or financial disclosure requirements by local government
officers or employees serving the municipality which may become the subject
of a 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 municipality as to whether a given set of facts and
circumstances would constitute a violation of any provision of this chapter,
the Code of Ethics or financial disclosure requirements.
E.
To enforce the provisions of this chapter, the 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 may be authorized by the provisions of the Local
Government Ethics Law, P.L. 1991, c. 29.[1]
[1]
Editor's Note: See N.J.S.A. 40A:9-22.1 et seq.
F.
To adopt rules and regulations and to do other things
as are necessary to implement the purposes of this chapter of the Cresskill
Borough Code, as are approved by the Cresskill Mayor and Council.
A local government officer or employee serving the Borough of Cresskill may request and obtain, as provided in § 23-9D, from the Borough Ethical Standards Board an advisory opinion as to whether any proposed activity or conduct would, in its opinion, constitute a violation of this chapter, the Code of Ethics or any financial disclosure requirements. Advisory opinions of the Board shall not be made public, except when the Board, by 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 Board, in directing that the opinion be made public, so determines with the written consent of the officer or employee making the request.
A.
The Borough Ethical Standards Board, upon receipt of
a signed written and verified complaint by any person alleging that the conduct
of any local government officer or employee serving the Borough is in conflict
with this chapter, the Code of Ethics or financial disclosure requirements,
shall acknowledge receipt of the complaint within 30 days of the receipt and,
upon receipt of a complaint filing fee of $100 to be used by the Board to
cover reasonable expenses, shall initiate an investigation concerning the
facts and circumstances set forth in the verified complaint.
B.
The Board shall make a determination as to whether the
complaint is within its jurisdiction or is frivolous or is without any reasonable
factual basis. If the Board shall conclude that the complaint is outside of
its jurisdiction, is frivolous or is without reasonable factual basis, the
Board 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.
C.
If the Board concludes that a complaint is within its
jurisdiction and is supported by a reasonable factual basis, the 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 and shall provide the accused access to all information received
or available to the Board in finding reasonable factual support and jurisdiction
to proceed on the complaint.
D.
The officer or employee shall have the opportunity to
present the Board with any sworn or certified statement or information concerning
the complaint which the Board deems relevant and admissible as evidence.
E.
If the Board determines that a reasonable doubt exists
as to whether the local government officer or employee is in conflict with
this chapter, the Code of Ethics or any financial disclosure requirements,
or the accused requests a public or private hearing, it shall conduct a hearing
in accordance with this subsection concerning the possible violation and any
other facts and circumstance which may have come to its attention with respect
to the conduct of the local government officer or employee.
F.
The Board shall render a decision as to whether the conduct
of the local government officer or employee is in conflict with this chapter,
the Code of Ethics or any financial disclosure requirements. The decision
of the Board shall be made by not less than 2/3 of all members of the Board.
G.
If the Board determines that the local government officer
or employee is in conflict with this chapter, the Code of Ethics or any financial
disclosure requirements, the Board may impose any penalties which it believes
appropriate within the limitations of the Local Government Ethics Law, P.L.
1991, c. 29.[1] In addition, the Board shall report its findings to the Borough
office or agency having the power of removal or discipline of the local government
officer or employee and may recommend that further disciplinary action be
taken.
[1]
Editor's Note: See N.J.S.A. 40A:9-22.1 et seq.
H.
A final decision of the Borough Ethical Standards Board
may be appealed to the New Jersey Local Finance Board within 30 days of the
decision of the Board.
I.
All hearings required pursuant to this subsection shall
be conducted in conformity with the rules and procedures, in so far as they
may be applicable, provided for hearings by a state agency in contested cases
under the Administrative Procedure Act N.J.S.A. 52:14B-1 et seq.
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 five years from the date of filing or preparation, as the
case may be.
This chapter shall take effect upon final adoption and publication and
as required by law. Nevertheless, this chapter shall be of no force or effect
as to the incumbent Mayor and Council for their remaining terms of office,
as complaints against said officials shall continue to be within the exclusive
jurisdiction of the New Jersey Local Finance Board; also, complaints as to
a member of the Cresskill Ethical and Finance Board.
