Bill Text: NJ S628 | 2014-2015 | Regular Session | Introduced
Bill Title: Permits complainant to withdraw complaint from county or municipal ethics board if decision not rendered within 180 days of receipt and submit to Local Finance Board.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-01-14 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S628 Detail]
Download: New_Jersey-2014-S628-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Senator SAMUEL D. THOMPSON
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Permits complainant to withdraw complaint from county or municipal ethics board if decision not rendered within 180 days of receipt and submit to Local Finance Board.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning a complaint before a county or municipal ethics board and amending P.L.1991, c.29.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 7 of P.L.1991, c.29 (C.40A:9-22.7) is amended to read as follows:
7. With respect to its responsibilities for the implementation of the provisions of this act, the Local Finance Board shall have the following powers:
a. To initiate, receive, hear and review complaints and hold hearings with regard to possible violations of this act;
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 hear and determine any appeal of a decision made by a county or municipal ethics board, and to receive, hear, review, and hold hearings concerning any complaint that is withdrawn from a county or municipal ethics board, if the county or municipal ethics board fails to render a decision in a complaint within 180 days of receipt, using the county or municipality's code of ethics as its standard for rendering a decision if it is more restrictive than the provisions set forth in section 5 of P.L.1991, c.29 (C.40A:9-22.5);
d. To forward to the county prosecutor or the Attorney General or other governmental body any information concerning violations of this act which may become the subject of criminal prosecution or which may warrant the institution of other legal proceedings by the Attorney General;
e. To render advisory opinions as to whether a given set of facts and circumstances would constitute a violation of this act;
f. To enforce the provisions of this act and to impose penalties for the violation thereof as are authorized by this act; and
g. To adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) and to do other things as are necessary to implement the purposes of this act.
(cf: P.L.1991,c.29, s.7)
2. Section 18 of P.L.1991, c.29 (C.40A:9-22.18) is amended to read as follows:
18. The county ethics board, upon receipt of a signed written complaint by any person alleging that the conduct of any local government officer or employee serving the county is in conflict with the county code of ethics or any 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. The ethics board shall make a determination as to whether the complaint is within its jurisdiction or frivolous or without any reasonable factual basis. If the ethics 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 local government officer or employee against whom the complaint was filed. Otherwise the ethics board shall notify the local government officer or employee against whom the complaint was filed of the nature of the complaint and the facts and circumstances set forth therein. The officer or employee shall have the opportunity to present the ethics board with any statement or information concerning the complaint which he wishes. Thereafter, if the ethics board determines that a reasonable doubt exists as to whether the local government officer or employee is in conflict with the county code of ethics or any financial disclosure requirements, it shall conduct a hearing in the manner prescribed by section 12 of this act, concerning the possible violation and any other facts and circumstances which may have come to its attention with respect to the conduct of the local government officer or employee. The ethics board shall render a decision as to whether the conduct of the officer or employee is in conflict with the county code of ethics or any financial disclosure requirements. This decision shall be made by no less than two-thirds of all members of the ethics board. Should the ethics board fail to render a decision in a complaint within 180 days of receipt, the complainant may withdraw the complaint and submit it to the Local Finance Board for consideration. The Local Finance Board shall use the county's code of ethics as its standard for rendering a decision if it is more restrictive than the provisions set forth in section 5 of P.L.1991, c.29 (C.40A:9-22.5). If the ethics 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 limitations of this act. A final decision of the ethics board may be appealed to the Local Finance Board within 30 days of the decision.
(cf: P.L.1991, c.29, s.18)
3. Section 24 of P.L.1991, c.29 (C.40A:9-22.24) is amended to read as follows:
24. The municipal ethics board, upon receipt of a signed written complaint by any person alleging that the conduct of any local government officer or employee serving the municipality is in conflict with the municipal 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. The ethics board shall make a determination as to whether the complaint is within its jurisdiction or frivolous or without any reasonable factual basis. If the ethics 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 local government officer or employee against whom the complaint was filed. Otherwise the ethics board shall notify the local government officer or employee against whom the complaint was filed of the nature of the complaint and the facts and circumstances set forth therein. The officer or employee shall have the opportunity to present the ethics board with any statement or information concerning the complaint which he wishes. Thereafter, if the ethics board determines that a reasonable doubt exists as to whether the local government officer or employee is in conflict with the municipal code of ethics or any financial disclosure requirements, it shall conduct a hearing in the manner prescribed by section 12 of this act, concerning the possible violation and any other facts and circumstances which may have come to its attention with respect to the conduct of the local government officer or employee. The ethics board shall render a decision as to whether the conduct of the officer or employee is in conflict with the municipal code of ethics or any financial disclosure requirements. This decision shall be made by no less than two-thirds of all members of the ethics board. Should the ethics board fail to render a decision in a complaint within 180 days of receipt, the complainant may withdraw the complaint and submit it to the Local Finance Board for consideration. The Local Finance Board shall use the municipality's code of ethics as its standard for rendering a decision if it is more restrictive than the provisions set forth in section 5 of P.L.1991, c.29 (C.40A:9-22.5).
If the ethics 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 limitations of this act. A final decision of the ethics board may be appealed to the Local Finance Board within 30 days of the decision.
(cf: P.L.1991, c.29, s.24)
4. This act shall take effect immediately.
STATEMENT
This bill provides that a person who submits a signed written complaint to a county or municipal ethics board alleging that the conduct of any local government officer or employee serving the county or municipality is in conflict with the county or municipal code of ethics or financial disclosure requirements, may withdraw the complaint if the ethics board fails to render a decision within 180 days of receipt, and submit it to the Local Finance Board for consideration. The Local Finance Board shall use the county's or municipality's code of ethics as its standard for rendering a decision if it is more restrictive than the provisions set forth in section 5 of P.L.1991, c.29 (C.40A:9-22.5).
