[HISTORY: Adopted by the City Council of the City of Rahway 12-12-2011 by Ord. No. O-35-11. Amendments noted where applicable.]
Deposit of city funds — See Ch. 15.
Personnel policies — See Ch. 73.
Residency requirements — See Ch. 85.
Political fund-raising — See Ch. 229.
Editor's Note: This ordinance also repealed former Ch. 35, Ethics, adopted 7-9-1984 by Ord. No. A-12-84 as Ch. 16 of the 1984 Code.
In accordance with the provisions of that certain law entitled "Local Government Ethics Law," N.J.S.A. 40A:9-22.1, et seq., there is hereby established a Municipal Ethics Board of the City of Rahway consisting of six members who shall be residents of the municipality, at least two of whom shall be public members. The members of the Ethics Board shall be appointed by the Municipal Council of the City of Rahway and 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 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 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.
The members of the Ethics Board shall serve without compensation but shall be reimbursed by the City for necessary expenses incurred in the performance of their duties under the Act. All necessary expenses incurred by the Municipal Ethics Board and its members shall be paid, upon certification of the Chairman, by the City Chief Financial Officer within the limits of funds appropriated by the Municipal Council by annual or emergency appropriations for those purposes. The Municipal Ethics Board may appoint employees, including independent counsel and clerical staff as are necessary to carry out the provisions of law within the limits of funds appropriated by the Municipal Council for such purpose.
The municipal ethics board shall have the following powers:
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 municipality;
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;
To 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;
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 the municipal Code of Ethics or financial disclosure requirements;
To 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 act; and
To adopt rules and regulations and to do other things as are necessary to implement the purposes of this chapter.
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.