[HISTORY: Adopted by the Mayor and Council of the Borough of Norwood 4-7-2004
by Ord. No. 04:05. Amendments noted where applicable.]
As used in this chapter, the following terms shall be deemed to have
the meanings indicated:
The Norwood Ethics Board established by this chapter.
The Borough of Norwood.
A.
There is hereby established a Norwood Board of Ethics
consisting of six members who are residents of the Borough, at least two of
whom shall be public members. The members of the Board shall be appointed
by the Mayor, with the advice and consent of the Borough Council. Members
of the Board 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 Chairperson
from among the membership of the Board.
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.
A.
The Mayor and Council of the Borough shall provide the
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.
B.
All necessary expenses incurred by the Board and its
members shall be paid, upon certification of the Chairman of the Board, by
the Treasurer within the limits of funds appropriated by the Mayor and Council
by annual or emergency appropriations for those purposes.
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 Mayor and Council
for those purposes.
A.
Within 90 days after the establishment of the Board,
the Board shall promulgate by resolution a Code of Ethics for all officers
and employees serving the Borough. Officers and employees serving a Borough
independent authority shall be deemed to be serving the Borough for purposes
of this chapter.
B.
The Code of Ethics so promulgated by the Board shall
be either identical to the provisions set forth in Section 5 of c. 29, P.L.
1991 (the Local Government Ethics Law)or more restrictive, but shall not be
less restrictive. 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 and the heads of the agencies
serving the Borough for circulation among the officers and employees serving
the municipality. The Board shall hold a public hearing on the Code of Ethics
not less than 30 days following its promulgation at which any officer or employee
serving the Borough 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 Section 5 of c. 29, P.L. 1991 (the Local Government
Ethics Law), the Board shall thereafter submit the Code of Ethics to the Local
Finance Board in the Division of Local Government Services in the Department
of Community Affairs for approval. A Code of Ethics requiring approval by
the Local Finance Board shall take effect for all officers and employees serving
the Borough 60 days after approval by the Local Finance Board. A Code of Ethics
identical to the provisions set forth in Section 5 of c. 29, P.L. 1991 (the
Local Government Ethics Law) shall take effect 10 days after the public hearing
held thereon. The Board shall forward a copy of the Code of Ethics to the
Borough Clerk and shall make copies of the Code of Ethics available to officers
and employees serving the Borough.
The Board shall have the following powers:
A.
To initiate, receive, hear and review complaints and
hold hearings with regard to possible violations of the Code of Ethics or
financial disclosure statements by officers or employees serving the Borough.
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 officers or employees serving
the Borough, 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 officers or employees
serving the Borough 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 officers or employees serving the Borough
and to impose penalties for the violation thereof as are authorized by this
chapter.
F.
To adopt rules and regulations and to do other things
as are necessary to implement the purposes of this chapter.
An officer or employee serving the Borough may request and obtain from
the Board an advisory opinion as to whether any proposed activity or conduct
would, in its opinion, constitute a violation of the Code of Ethics or any
financial disclosure requirements. Advisory opinions of the Board shall not
be made public except when the 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 officer or employee unless the Board in directing
that the opinion be made public so determines.
A.
The Board, upon receipt of a signed written complaint
by any person alleging that the conduct of any officer or employee serving
the Borough is in conflict with the 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 Board shall make a determination as to whether
the complaint is within its jurisdiction or frivolous or without any reasonable
factual basis. If the 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
officer or employee against whom the complaint was filed. Otherwise, the Board
shall notify the 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 Board with
any statement or information concerning the complaint which he wishes. Thereafter,
if the Board determines that a reasonable doubt exists as to whether the officer
or employee is in conflict with the Code of Ethics or any financial disclosure
requirements, it shall conduct a hearing in conformity with the rules and
procedures, insofar as they be applicable, provided for hearings by a state
agency in contested cases under the Administrative Procure Act, P.L. 1968,
c. 410 (N.J.S.A. 52:14B-1 et seq.) concerning the possible violation and any
other facts and circumstances that may have come to its attention with respect
to the conduct of the officer or employee. The Board shall render a decision
as to whether the conduct of the officer or employee is in conflict with the
Code or any financial disclosure requirements. This decision shall be made
by no less than 2/3 of all members of the Board.
B.
If the Board determines that the officer or employee
is in conflict with the Code or any financial disclosure requirements, it
may impose any penalties that it believes appropriate within the limitations
of Section 10 of c. 29, P.L. 1991 (the Local Government Ethics Law). A final
decision of the Board of Ethics may be appealed to the Local Finance Board
within 30 days of the decision.
