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:
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 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 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;
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 the municipal Code
of Ethics or financial disclosure requirements;
E. 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
F. 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.