The Township of East Brunswick was established in 1860. Since January 1, 1965, the
I. Adoption of a Code of Ethics
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I. Adoption of a Code of Ethics. 1. At its first meeting, the Board shall elect a chairm an by a majority vote of all members of the Board. W ithin 90 days after the appointment of the Township of East Brunswick Ethical Standards Board, the Board shall promulgate by resolution a code of ethics for all officers and employees serving the Township. Officers and employees serving a Township independent authority shall be deemed to be serving the Township for purposes of this Section. Until such time as the East Brunswick Ethical Standards Board shall have adopted a code of ethics, the provisions set forth in Section 3:101-F shall serve as the code of ethics. 2. The code of ethics prom ulgated by the Board shall be either identical to the provisions set forth in Section 3:101-F or more restrictive, but shall not be less restrictive. 3. W ithin 15 days following the promulgation thereof, the code of ethics, and a notice of the date of the public hearing to be held on the code of ethics, shall be published in the newspaper designated for the publication of official notices for the Township and shall be distributed to the Township Clerk and to the Township Administrator for circulation among the officers and employees serving the Township. 4. The Township of East Brunswick Ethical Standards 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 of the Township and any other person wishing to be heard shall be permitted to testify. 5. As a result of the hearing, the Board may amend or supplement the code of ethics as it deems necessary. 6.
If the code of ethics is not identical to the provisions set forth in Section 3:101-F, the East Brunswick Township Ethical Standards Board shall, as required by law, submit the code of ethics to the New Jersey Local Finance Board of approval. 7.
If the New Jersey Local Finance Board fails to act within sixty (60) days of the submission, the code of ethics shall be deemed approved. 374 9-91
& 3-101 ADMINISTRATION OF GOVERNMENT & 3-101 8. A code of ethics requiring approval by the New Jersey Local Finance Board shall take effect 60 days after approval by the New Jersey Local Finance Board. 9. A code of ethics identical to the provisions set forth in Section 3:101-F shall take effect 10 days after the public hearing. 10.
The Board shall forward a copy of the code of ethics to the Township Clerk and shall make copies available to officers and employees serving the Township. 11. The Board shall meet annually on the third W ednesday of January, at which time it shall elect a chairman. 12.
The Board shall review all financial disclosure statements not later than 30 days after the filing deadline. J. Powers of the Ethical Standards Board. The East Brunswick Township Ethical Standards Board shall have the following powers: 1. 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. 2. 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. 3. 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. 4. 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. 5. 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 Section; and 6. To adopt rules and regulations and do other things as are necessary to implement the purposes of this Section. K. Advisory Opinions. 1. An officer or employee of the Township of East Brunswick may request and obtain from the East Brunswick 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. 2. Advisory opinions shall not be made public, except when the Board by the vote of two-thirds of all of its members directs that the opinion be made public. 375 9-91
& 3-101 EAST BRUNSWICK CODE & 3-101 3. 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. L. Com plaints. 1. The East Brunswick 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 East Brunswick 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. 2. The Board shall make a determination as to whether the complaint is within its jurisdiction or frivolous or without any reasonable factual basis. 3. 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 East Brunswick against whom the complaint was filed. 4. 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 East Brunswick against whom the complaint was filed of the nature of the complaint and the facts and circumstances set forth therein. 5. 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. 6. If the Board determines that a reasonable doubt exists as to whether the officer or employee of the Township of East Brunswick 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. 7. 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 two-thirds of all members of the Board. 8. 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 which it believes appropriate within the limits of this Chapter. M. Enforcem ent and Penalties. 1. An appointed officer or employee of the Township of East Brunswick found guilty by East Brunswick Township Ethical Standards Board of the violation of any provision of this Section or of any code of ethics in effect pursuant to this Section, shall be fined not less than $100.00 nor more than $500.00, which penalty may be collected in a summary proceeding pursuant to the "penalty enforcement law" N.J.S.A. 2A:58-1. The East Brunswick 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. 376 9-91
& 3-101 ADMINISTRATION OF GOVERNMENT & 3-106 2. An elected officer or employee of the Township of East Brunswick found guilty by the East Brunswick Township Ethical Standards Board of the violation of any provision of this Section or of any code of ethics in effect pursuant to this Section, shall be fined not less than $100.00 nor more than $500.00, which penalty may be collected in a summary proceeding pursuant to the "penalty enforcement law" (N.J.S.A.:58-1) 3. The finding by the East Brunswick Township Ethical Standards Board that an appointed officer or employee of the Township of East Brunswick is guilty of the violation of the provisions of this Section, or of any code of ethics in effect pursuant to this Section, shall be sufficient cause for his or her removal, suspension, demotion or other disciplinary action by the officer or agency having the power of removal or discipline. N. Records of the Ethical Standards Board. All statements, complaints, requests, or other written materials filed pursuant to this Section, and any rulings, opinions, judgments, transcripts or other financial papers prepared pursuant to this Section shall be preserved for a period of five years from the date of filing or preparation, as the case may be.
The initial Financial Disclosure Statements shall be filed with the Township Clerk, with copy for the Ethical Standards Board, not later than May 31, 1991. All Subsequent Financial Disclosure Statements shall be filed on or before April 30th of each year. & 3-102. Financial disclosures required of certain officials and employees. [Repealed 3-25-91 by Ord. No. 91-29] & 3-103. Disclosure statements deemed public records. [Repealed 3-25-91 by Ord. No. 91-29] & 3-104. Review of disclosure statements by Board of Ethics; reports to Township Council. [Repealed 3-25-91 by Ord. No. 91-29] & 3-105. Sanctions for violations of standards of ethical conduct. [Repealed 3- 25-91 by Ord. No. 91-29] & 3-106. Maintenance of public records; availability to the public. [Added 8-27-73 by Ord. No. 73-1-X] A. All the books, maps, papers, accounts, statements, vouchers and other documents acquired or produced in any municipal department shall be carefully and conveniently filed, kept and preserved and be and remain the sole property of the municipality and shall not at any time be removed from the offices of such department except when required for use in the official business of the municipality and shall then be returned to such office without 377 9-91
& 3-106 EAST BRUNSWICK CODE & 3-110 delay. Each municipal officer shall be responsible for assuring that the requirements of this subsection are complied with in respect to his particular office. This subsection shall be subject to the provision of Destruction of Public Records Law, 1953 (N.J.R.S. 47:3-15 et seq.). B. All public documents and records of the municipality shall, during office hours, be open to public search, inspection or examination, subject to and within the limitations prescribed by law, provided that such search, inspection or examination does not interfere with the orderly operation of the municipality.
Upon the termination of office or the employment of any officer, employee or board member, he shall forthwith deliver to his successor or, if there be no successor, to the Clerk or other person who may be designated by the Council to receive the same all moneys, papers, books, memoranda, accounts and data of any nature pertaining to his office.
W herever any officer of the township is authorized by any provision of this Code or any other ordinance of the township to do any act, that act may also be performed by any agent or subordinate of the officer authorized to do it or by any other officer of the township. This section shall not apply to acts which are quasi-judicial or rule-making or which involve the exercise of discretion or where special technical or professional skill or knowledge is required. ARTICLE XVII Hearing and Appeals & 3-109. Scope of Article. Unless a New Jersey statute or a provision of this Code provides otherwise, this Article shall govern proceedings in all cases where the township or any of its officers, agents or employees are required to give any person an opportunity to be heard, either on appeal or before taking action. & 3-110. Hearing authority designated. For the purpose of this Article, "hearing authority" shall mean the officer or body authorized to conduct a hearing.
378 6-89
& 3-111 ADMINISTRATION OF GOVERNMENT & 3-113 & 3-111. Notice of hearing; subpoena power. In all cases where a hearing is mandatory, notice shall be given which shall conform to the following requirements: A. Contents. The notice shall be in writing and shall specify the grounds on which the proposed action is based and the time and place of the hearing, which hearing shall be within a reasonable time after the service of the notice. B. Service. Notice may be served either personally upon the person or by mailing a copy to him by certified mail at his last known address. Service on a tenant or occupant may be made in the foregoing manner or by leaving a copy of the notice at the premises with any occupant of suitable age and discretion. C. Subpoena power. The hearing authority shall have the power to subpoena witnesses and documentary evidence with regard to all hearings involving charges made against a member or officer of the Police Department pursuant to N.J.R.S. 40A:14-148. The hearing authority in all other hearings shall have the same power under N.J.R.S. 2A:67A-1. [Added 7-25-77 by Ord. No. 77-1-III; amended 8-14-78 by Ord. No. 78-49] & 3-112. Notice of hearings on appeals. In all cases where a person is appealing from the action or decision of an officer, agent or employee of the township, as well as in all cases where a hearing is required to be held only upon the request of the person affected, notice of the appeal or request for a hearing shall be given in writing to the hearing authority personally or by mail within ten (10) days after the person affected is notified of the action or decision of the township or its officer, agent or employee. The hearing authority shall fix a time and place for a hearing which shall be within a reasonable time after the notice of appeal or request for hearing is filed, and written notice of the time and place fixed for the hearing shall be given to the person affected.
A. At the hearing any person in interest shall have the right to be represented by an attorney, to testify himself or to present witnesses in support of his position, to cross-examine opposing witnesses and, at his own expense, to have a stenographic record made of the proceedings. This subsection shall not be construed to prevent the hearing authority from imposing reasonable limitations upon the number of witnesses who may testify or the length of time allowed for the examination or cross-examination of any witness or making any other reasonable rule or regulation designed to ensure that hearings are conducted in a fair, orderly and expeditious manner. B. W henever any appeal is made to the Mayor from any final ruling or decision of any municipal officer or employee arising under Chapters 75 and 126 and of this Code, the Chairman of the Construction Board of Appeals or any member he may designate shall testify at the hearing with regard to the recommendations of the Board. W ithin ten (10) days after the conclusion of the hearing the Mayor shall render a written decision to all parties. [Added 9-23-68 by Ord. No. 68-118; amended 2-13-78 by Ord. No. 78-302]
379 6-89
& 3-113 EAST BRUNSWICK CODE & 3-114 C. W henever any appeal is made to the Mayor from any final ruling or decision of any municipal officer or employee arising under Chapter 101 of this Code, the Chairman of the Fire Prevention Advisory Committee or any member he may designate shall testify at the hearing with regard to the recommendations of the Committee. W ithin ten (10) days after the conclusion of the hearing the Mayor shall render a written decision to all parties. [Added 9-23-68 by Ord. No. 68-118; amended 2-13-78 by Ord. No. 78-302]
The following fees shall be charged for copies of public documents: PURPOSE OF FEE FEE Accident reports $ 5. 0 0 u n l e s s r e q u e s t e d i n [Amended 10-25-10 by Ord. No. 10-24] person Case reports 3.00 first 2 pages 1.00 each additional page Drinking-driving reports 3.00 first 2 pages 1.00 each additional page Statements 3.00 first 2 pages 1.00 each additional page Criminal checks (verbal) 1.00 each Criminal checks (letter) 2.00 each Letters of good conduct 2.00 each Miscellaneous service reports 3.00 per page Missing-person report 3.00 first 2 pages 1.00 each additional page Special reports 3.00 first 2 pages 1.00 each additional page Fingerprinting 3.00 Photos, color, three and one half 2.50 each by five (3 1/2 x 5) inches Photos, color, five by seven 6.50 each (5 x 7) inches Photos, color, eight by twelve 10.00 each (8 x 12) inches Permit to purchase pistol 2.00 each or revolver
380 -11 & 3-114 ADMINISTRATION OF GOVERNMENT & 3-114 PURPOSE OF FEE FEE Firearms I.D. card [amended 6-11-01 by Ord. No. 01-22] 5.00 each Alarm Board applications 5.00 each Street Maps [Amended 6-2-08 by Ord. No. 08-09] 3.00 each Zoning Map [Amended 10-27-97 by Ord. No. 97-31; 6-2-08 by Ord. No. 08-09] 3.00 each Master Plan Map 1.25 each Certified copies of a vital record and other 10.00 each vital-statistics information from the Department of Health, Education and W elfare [Amended 6-14-93 by Ord. No. 93-33; 6-9-03 by Ord. No. 03-17; 7-26-04 by Ord. 04-11; 6-12-06 by Ord. No. 06-22; 3-26-07 by Ord. No. 07-10] Vital records (Informational only) 5.00
7-26-04 by Ord. No. 04-11; 3-26-07 by Ord. No. 07-10] Vital record corrections [Added 6-9-03 by Ord. 20.00
No. 04-11; 3-26-07 by Ord. No. 07-10] Extraordinary Service Charges - shall be applied $45.00 per hour supervisory or for any extensive use of information technology programming; $35.00 per hour for or for the labor cost of personnel providing clerical the service that is actually incurred by the agency for the programming, clerical and supervisory assistance required to provide a government record in the medium requested if it is not a medium routinely used by the agency; not routinely developed or maintained by an agency or requiring a substantial amount of manipulation or programming of information [Added 7-26-04 by Ord. No. 04-11] Plans and specifications [Amended 6-12-95 U p to 100.00 by Ord. No. 95-18] Tax Maps/Vellum/Mylar Plans [Amended 6-12-95 by Ord. No. 95-18; 5-13-96 by Ord. No. 96-11] 12" x 18" 3.00
24" x 36" 4.00
Paper Print Reproductions [Added 5-13-96 by Ord. No. 96-11] 24" x 36" or smaller 10.00
Larger than 24" x 36" 1.75/sq. ft. Large street map/zoning map [Added 6-12-95 7.00
by Ord. No. 95-18] Topographic maps [Added 6-12-95 by Ord. No. 95-18] 24" x 36" 100.00 24" x 18" 50.00 12" x 18" or smaller 35.00
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