There is hereby established pursuant to N.J.S.A. 40A:9-22.13 et seq. in the County of Hudson, a County Board of Ethics compromised of six Board members, appointed by the County Executive with the advice and consent of the Board of County Commissioners, six of whom shall be residents of the County and at least two of whom shall be public officials of the County, and shall serve for five years. There can be no more than one appointed member from a particular municipality. The members shall be chosen by virtue of their known and consistent reputation for integrity and their knowledge of local government affairs. Only three of the members may be of the same political party. The members shall annually elect a Chairperson from among the membership. Of the members initially appointed, the two public members shall serve five years, one member shall serve four years and the remaining members shall serve three years. Each member shall serve until his/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. Board members shall serve without compensation but shall be reimbursed by the County for necessary expenses incurred in performance of their duties.
The Commissioner Board shall supply the Ethics Board with office space to conduct its business and to store its records and shall supply any equipment and supplies that are necessary. All necessary expenses incurred by the Board shall be reimbursed upon certification by the Chairperson of the Commissioner Board and by the County Treasurer within the limits of the funds appropriated by the Commissioner Board by annual or emergency appropriation.
The Board may appoint employees, including independent counsel and clerical staff, as necessary to carry out the Board's actions.
After 90 days from the establishment of the Ethics Board, the Board shall promulgate by resolution a County Ethics Code for all County officers and employees. The code shall include all County officers and employees serving a County independent authority. Within 15 days after the code is issued a notice setting forth a public hearing date will be published in at least one newspaper within the County and shall be provided to the County Clerk and to heads of County agencies. The Board will then hold a public hearing on the code not less than 30 days of its adoption by the Board. The code shall take effect for all County officials and employees serving the County 60 days after it is adopted by the Board. The Board shall forward a copy of the adopted code to the County Clerk who shall make copies of the code available to all County officials and County employees.
The Ethics Board shall have the following powers:
A.
Initiate, receive, hear review complaints and hold hearings with regard to possible violations by County officers or employees of the County Ethics Code or financial disclosure requirements.
B.
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.
Forward to the County Prosecutor or the Attorney General or other governmental body any information concerning violations of the code or financial disclosure requirements by County officers or employees which may become the subject of criminal prosecution or which may warrant the institution of other legal proceedings by the Attorney General.
D.
Enforce the provisions of the code and financial disclosure requirements with regard to County officers or employees serving the County and impose penalties for the violation thereof.
E.
Adopt rules and regulations and do other things as are necessary to implement the purpose of this Board.
The Board may issue an advisory opinion to a County officer or employee that requests it regarding any proposed activity or conduct by that officer or employee that would constitute a violation of the code or financial disclosure requirements. Advisory opinions shall not be made except when a vote of 2/3 of all its members direct that the opinion be made public. The name of the local government officer or employee shall likewise not be disclosed unless the Ethics Board in directing that the opinion be made public so determines.
Upon receipt of a written complaint, acknowledge of the receipt will be within 30 days and initiate an investigation concerning facts and circumstances in the complaint. A determination shall be made as to whether the complaint is within jurisdiction or frivolous or without any reasonable factual basis. If the Ethics Board determines the complaint is without factual basis, it shall reduce that conclusion to writing and transmit a copy to the complainant and employee against whom the complaint is filed. Otherwise, it shall notify the government officer or employee against whom the complaint was filed of the nature of the complaint and facts and circumstances. The officer or employee has the opportunity to present the Ethics Board with any statement or information. A hearing will be conducted concerning the possible violation and a decision can be rendered as to whether such conduct was in conflict with the County Board of Ethics. This decision shall be made by no less than 2/3 of all the members of the Ethics Board. If the Board determines that a violation occurred, it may impose any penalties it deems appropriate. A final decision of the Ethics Board may be appealed within 30 days of the decision to the Local Finance Board of the New Jersey Department of Community Affairs.