[HISTORY: Adopted by the Township Council
of the Township of Ewing 11-24-1998 by Ord. No. 98-13 as Ch. 20 of the 1998
Code. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Ewing Township Code of Ethics."
A.
It is the purpose of this chapter to provide a method
of assuring that standards of ethical conduct and financial disclosure
requirements for officers and employees of the Township of Ewing shall
be clear, consistent, uniform in their application and enforceable
and to provide those officers or employees with advice and information
concerning possible conflicts of interests which might arise in the
conduct of their public duties.
B.
It is the further purpose of this chapter to implement
the provisions of the Local Government Ethics Law, N.J.S.A. 40A:9-22.1
et seq., and of the Faulkner Act, N.J.S.A. 40:69A-163 et seq.
C.
This chapter is enacted under the authority of the
Local Government Ethics Law and under the further authority granted
under the provisions of Title 40 and 40A of the New Jersey Statutes.
A.
AGENCY
BUSINESS ORGANIZATION
EMPLOYEE
INTEREST
MEMBER OF IMMEDIATE FAMILY
OFFICER
(1)
(2)
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OFFICER or EMPLOYEE
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
Any agency, board, governing body, including the chief executive
officer, office, commission or other instrumentality within the Township
of Ewing, and any independent local authority created by or appointed
under the authority of the Township of Ewing which performs functions
other than of a purely advisory nature.
Any corporation, partnership, firm, enterprise, franchise,
association, trust, sole proprietorship, union or other legal entity.
Any person, whether compensated or not, whether part-time
or full-time, employed by or serving on an agency who is not a local
government officer.
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.
The spouse or dependent child of an officer or employee residing
in the same household.
Any person, whether compensated or not, whether part-time
or full-time, who is one of the following:
[Amended 4-9-2002 by Ord. No. 02-12]
Mayor.
Member of the Township Council.
Business Administrator.
Affirmative Action Officer.
Public Information Officer.
Municipal Clerk.
Deputy Municipal Clerk.
Chief of Police.
Township Attorney.
Construction Official.
Director of Finance.
Treasurer.
Assistant Treasurer.
Tax Assessor.
Tax Collector.
Township Engineer.
Township Planning Consultant.
Township Auditor.
Municipal Judge.
Township Prosecutor.
Township Public Defender.
Planning Board member.
Planning Board Attorney.
Zoning Board of Adjustment member.
Zoning Board of Adjustment Attorney.
Local Assistance Board member.
Director of Public Assistance.
Zoning Officer.
Assistant Zoning Officer.
Board of Fire Commissioners member.
Fire Chief.
Board of Fire Commissioners Attorney.
Municipal Court Administrator.
Street Superintendent.
Health Official.
Superintendent of Recreation Programs.
Sanitation Superintendent.
Senior Citizen Supervisor.
Welfare Director.
Any other person who is a managerial executive
or confidential employee, as defined in Section 3 of the New Jersey
Employer - Employee Relations Act, N.J.S.A. 34:13A-3, of the Township
of Ewing or of any agency created under the authority of or appointed
by the Township of Ewing.
An officer or employee of the Township of Ewing or of an
agency under the authority of or appointed by the Township of Ewing.
B.
Word usage. "He" and other references to the male
gender also refer to and include "she" and corresponding references
to the female gender.
Officers and employees of the Township of Ewing
shall comply with the following provisions:
A.
No officer or employee of the Township of Ewing 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.
B.
No officer or employee shall use or attempt to use
his official position to secure unwarranted privileges or advantages
for himself or others.
C.
No officer or employee shall act in his official capacity
in any matter where he, a member of his immediate family or any business
organization in which he or she has an interest has a direct or indirect
financial or personal involvement that might reasonably be expected
to impair his objectivity or independence or judgment.
D.
No 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.
E.
No officer or employee, member of his immediate family
or any business organization in which he or she has an interest shall
solicit or accept any gift, favor, political contribution, service,
promise of future employment or other thing of value based upon an
understanding 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 an 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.
F.
No 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 or she 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 or she
is associated.
G.
No officer or employee or any business organization
in which he or she has an interest shall represent any person or party
other than the Township in connection with any cause, proceeding,
application or other matter pending before any agency of the Township
of Ewing. This provision shall not be deemed to prohibit an employee
from representing another employee where the representation is within
the context of official labor union or similar representational responsibilities;
nor shall this provision be applicable to the Township Public Defender
with respect to representation of defendants in the Municipal Court.
H.
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.
I.
No elected officer 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.
J.
Nothing shall prohibit any officer or employee of
the Township, or members of his immediate family, from representing
himself or themselves in negotiations or proceedings concerning his
or their own interests.
K.
No officer or employee elected or appointed in the
Township shall, without receiving formal written authorization from
the appropriate person or body, disclose any confidential information
concerning any other officer or employee or any other person or any
property or governmental affairs of the Township.
L.
No officer or employee elected or appointed in the
Township shall approve or disapprove or in any way recommend the payment
of any bill, voucher or indebtedness owed or allegedly owed by the
Township in which he has a direct or indirect personal, pecuniary
or private interest.
M.
No officer or employee elected or appointed in the
Township shall request, use or permit the use of any public property,
vehicle, equipment, labor or service for personal convenience or the
private advantage of himself or any other person. This prohibition
shall not be deemed to prohibit an official or employee from requesting,
using or permitting the use of such public property, vehicle, equipment,
materials, labor or service which it is the general practice to make
available to the public at-large or which are provided as a matter
of stated public policy for the use of officials and employees in
the conduct of official business.
A.
Officers of the Township shall annually file a financial
disclosure statement. All financial disclosure statements shall include
the following information, which shall specify, where applicable,
the name and address of each source and officer's job title:
(1)
Each source of income, earned or unearned, exceeding
$2,000 received by the officer or a member of his immediate family
during the preceding calendar year. Individual client fees, customer
receipts or commissions on transaction 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 Ewing Township Ethical Standards Board shall require
the financial disclosure statement form which has been promulgated
by the New Jersey Local Finance Board, in accordance with the New
Jersey Local Government Ethics Law (N.J.S.A. 40A:9-22.1 et seq.).
The Municipal Clerk shall make the forms available to the officers
and employees required to file a financial disclosure statement.
C.
All statements shall be filed with the Municipal Clerk
on or before April 30 of each year. A copy of the statement shall
be filed with the Ewing Township Ethical Standards Board.
D.
All financial disclosure statements filed shall be
public records.
A.
An Ethical Standards Board may be formed at the discretion
of the Mayor. The Ethical Standards Board shall consist of six members
who are residents of the Township, 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 Township 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 Board shall be of the same political party.
[Amended 9-8-2015 by Ord.
No. 15-29]
B.
The members of the Ewing Township Ethical Standards
Board shall annually elect a Chairperson from among the membership.
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 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 for necessary expenses incurred in the performance
of their duties under this chapter.
E.
All hearings required pursuant to this chapter shall
be conducted in conformity with the rules and procedures, insofar
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.
F.
In the event that a hearing is to be held, the officer
or employee charged with violation of this chapter shall be accorded
due process of law, including but not limited to the following:
(1)
Right to counsel.
(2)
Right to pre-hearing discovery.
(3)
Right to take sworn oral and written testimony for
any person.
(4)
Reasonable notice of hearing.
(5)
Right to subpoena persons and documents.
(6)
Right to make stenographic record of the hearing.
(7)
Right of examination and cross examination.
A.
The Township Council shall provide the Ewing Township
Ethical Standards Board with the facilities needed for the conduct
of its business and the preservation of its records, and shall supply
equipment and supplies as may be necessary and as may be provided
for in the annual municipal budget.
B.
All necessary expenses incurred by the Ewing Township
Ethical Standards Board and its members shall be paid, upon certification
of the Chairperson of the Board, by the Township Treasurer within
the limits of funds appropriated in the annual budget or by emergency
appropriations for those purposes.
C.
The Ewing Township Ethical Standards Board may request
and receive assistance from Township officers and employees, including
the Municipal Clerk and the Township Attorney, and 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 Township Council for those purposes in the annual
budget.
On May 16, 1991, pursuant to law, the Ewing
Township Ethical Standards Board adopted a Code of Ethics, which remains
in effect and which has been incorporated into the Township's Personnel
Policy and Procedure Manual.[1]
[1]
Editor's Note: The Manual is on file in the
office of the Municipal Clerk.
The Ewing Township Ethical Standards Board 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 Township.
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 Township which may warrant the institution
of other legal proceedings by the Attorney General.
D.
To render advisory opinions to local officers or employees
serving the Township 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 Township 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.
A.
Any officer or employee of the Township of Ewing may
request and obtain from the Ewing Township Ethical Standards 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.
B.
Advisory opinions 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.
C.
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 Ewing Township Ethical Standards Board, upon receipt
of a signed written complaint by any person alleging that the conduct
of any officer or employee of the Township of Ewing serving the Township
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.
B.
The Board shall make a determination as to whether
the complaint is within its jurisdiction or frivolous or without any
reasonable factual basis.
C.
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 of the Township
of Ewing against whom the complaint was filed.
D.
If the Board shall conclude that the complaint is
within its jurisdiction and has at least a minimal factual basis,
the Board shall notify the officer or employee of the Township of
Ewing against whom the complaint was filed of the nature of the complaint
and the facts and circumstances set forth therein.
E.
The officer or employee shall have the opportunity
to present the Board with any statement or information concerning
the complaint which he or she wishes.
F.
If the Board determines that a reasonable doubt exists
as to whether the officer or employee of the Township of Ewing is
in conflict with the Municipal Code of Ethics or any financial disclosure
requirements, the Board shall conduct a hearing concerning the possible
violation and any other facts and circumstances which may have come
to the attention of the Board with respect to the conduct of the officer
or employee.
G.
The Board shall render a decision as to whether the
conduct of the officer or employee is in conflict with the Code of
Ethics or any financial disclosure requirements. This decision shall
be made by no less than 2/3 of all members of the Board.
H.
If the Board determines that the officer or employee
is in conflict with the Code of Ethics or any financial disclosure
requirements, it may impose penalties which it believes appropriate
within the limits of this chapter.
A.
An appointed officer or employee of the Township of
Ewing found guilty by the Ewing Township Ethical Standards Board of
the violation of any provision of this chapter or of any Code of Ethics
in effect pursuant to this chapter 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, N.J.S.A. 2A:58-1. The Ewing
Township Ethical Standards Board shall report its findings to the
office or agency having the power of removal or discipline of the
appointed officer or employee and may recommend that further disciplinary
action be taken.
B.
An elected officer or employee of the Township of
Ewing found guilty by the Ewing Township Ethical Standard Board of
the violation of any provision of this chapter 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 (N.J.S.A.
2A:58-1).
C.
The finding by the Ewing Township Ethical Standards
Board that an appointed officer or employee of the Township of Ewing
is guilty of the violation of the provisions of this chapter, or of
any Code of Ethics in effect pursuant to this chapter, shall be sufficient
cause for his removal, suspension, demotion or other disciplinary
action by the officer or agency having the power of removal or discipline.
When a person who is in the career service is found to have violated
the provisions of this chapter or any Code of Ethics in effect pursuant
to this chapter, the procedure leading to removal, suspension, demotion
or other disciplinary action shall be governed by any applicable procedures
of Title 11A of the New Jersey Statutes and the rules promulgated
pursuant thereto.
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.
